Nick Mosby "ashamed" of financial troubles, prosecutors allege "perjury" on past taxes

BALTIMORE - Marilyn Mosby's defense has introduced evidence of her and her ex-husband Nick Mosby in happier times—including their wedding photo—and of the couple in less happy times—like their divorce agreement.

In, at times halting and combative cross-examination, Nick Mosby testified finances were the main reason their marriage failed. 

He said he repeatedly lied to his then-wife about a tax lien and other debts. 

He told WJZ Investigator Mike Hellgren after finishing cross-examination on the witness stand that further comment would be inappropriate.

In his earlier testimony, he said of his financial issues, "I'm ashamed of it. I didn't tell my wife about it. There was a tremendous amount of pressure."

Prosecutors alleged in court Monday that Mr. Mosby lied about more than just the tax debt.

They said the Baltimore City Council President had his wages garnished because of unpaid student loans, his car repossessed and was behind on his mortgage—yet still managed to donate $18,000 one year alone to charities.

Assistant U.S. Attorney Aaron Zelinsky asked: "…Tax returns, those are signed under penalty of perjury, correct?"

Nick Mosby responded, "I don't know."

Zelinsky later told the judge that after a forensic analysis of the Mosbys accounts, "There just weren't enough funds to be able to make those charitable contributions in those years." 

The defense noted the Mosbys have not been charged with any crimes related to their tax deductions. 

The prosecution has repeatedly tried to introduce evidence that Mr. Mosby, the defense's primary witness, perjured himself regarding his taxes and those he filed jointly with Marilyn Mosby. The judge stopped that line of questioning.

In court and in one filing, the government incorrectly referred to Mr. Mosby as the "defendant."

Marilyn Mosby, who served two terms as Baltimore City State's Attorney, is charged with mortgage fraud related to two vacation homes she purchased in Florida. 

She claimed she did not knowingly lie and was unaware of her husband's tax lien when asked about it on mortgage documents. 

She is also accused of promising her mortgage company she would not rent out one of the properties but did so anyway. 

The government also alleges she disguised $5,000 she needed to close on one of the properties as a gift from Nick Mosby. 

Late Monday, the defense called Gilbert Bennett to the witness stand. He was Marilyn Mosby's Florida mortgage broker and testified about the alleged "gift" from Nick Mosby as well as a "boss letter" he advised her to write to get the mortgage approved.

In that letter, Marilyn Mosby said she worked remotely from Florida and stayed at her secondary home for 70 days straight. The government alleges those are lies.

Prosecutors plan to cross examine Bennett Tuesday. 

Before court broke for the day, the defense said they have three additional witnesses whose testimony could last through Wednesday.

The judge has yet to rule on the defense motion to acquit where Marilyn Mosby's attorneys argued the case should be dropped because the alleged mortgage fraud happened out of state. 

The judge will also have a hearing about whether Mosby's former attorneys can be questioned about statements Nick Mosby made to them. Prosecutors believe the lawyers could be effective rebuttal witnesses regarding his credibility. 

When asked about his statements to his ex-wife's former lawyers, Nick Mosby said several times on the witness stand he "did not recall" making them. 

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