Marilyn Mosby found guilty in federal perjury trial, says "I am blessed" as she leaves court
BALTIMORE -- Baltimore's former top prosecutor, Marilyn Mosby, has been found guilty of two counts of perjury—after one day of deliberations.
After the judge read the instructions Wednesday afternoon, the jurors were excused and were told that deliberations would start Thursday morning.
Mosby decided not to take the stand in her own defense in the trial, fearing prosecutors would ask damaging questions about her tax records and her credibility.
The government alleges the former Baltimore City state's attorney lied about suffering business losses because of COVID-19 to get penalty-free withdrawals from her retirement account.
She used the money to buy vacation homes in Florida.
Much of the government's case focuses on financial records surrounding Mosby's Mahogany Elite travel operation, which the state's attorney herself acknowledged made no money and had no clients.
"We should not allow Ms. Mosby to lie under oath because of her position," Assistant U.S. Attorney Aaron Zelinsky told jurors in his closing argument.
"When the world was suffering the effects of COVID, Ms. Mosby took advantage of the situation," he said.
Of Mosby's travel business, Zelinsky said,"Ms. Mosby never had any plans to open or operate Mahogany Elite." And noted, "Mahogany Elite has no business cards, no letterhead, no notes, no business plan."
Among the evidence: Recordings Mosby made with her retirement plan's customer service as she sought money. The court released them Wednesday. Listen here.
Zelinsky said the trips she deducted on her taxes for Mahogany Elite were personal vacations including roughly $800 a night at a resort in Cancun.
She is not charged with any tax fraud.
Mosby's public defender Jim Wyda began by telling the jury, "This case is about a three-page form and what was in Marilyn Mosby's mind when she filled it out."
He added, "Marilyn Mosby is innocent."
He stressed she registered her business with the state. "The government is attacking Ms. Mosby for her expenses. This all turns on if you believe Mahogany Elite is real," he said.
He then played this call with Mosby and her retirement plan representative where she asked about the guidelines for a withdrawal.
Wyda told jurors, "Ms. Mosby acted consistent with the limited guidance available, and she did not intentionally lie."
He said, "She did the best she could. …This is only evidence of a mother trying to do the best she can for her family."
Wyda said there is no evidence of a bad motive, "These are not the actions of a greedy, lying thief. These are the actions of someone acting responsibly."
U.S. Attorney for the District of Maryland Erek Barron issued a statement following the verdict.
"We respect the jury's verdict and remain steadfastly committed to our mission to uphold the rule of law, keep our country safe, protect the civil rights of all Americans, and safeguard public property," Barron said.
City and state leaders who went to the Baltimore Convention Center for the Downtown Partnership of Baltimore's annual meeting and 40th anniversary in the hours following the trial weighed in on the outcome.
"The jury has spoken," he said.
Shelonda Stokes, the president of the Downtown Partnership of Baltimore, testified at Mosby's trial. She did not comment on the verdict.
Meanwhile, Gov. Wes Moore expressed empathy.
"This is a difficult day for the city of Baltimore and are praying for her children because I know how difficult this must be for them," Moore said.
Mosby's husband, Baltimore City Councilman Nick Mosby, was scheduled to attend the event but did not show up.
Now, the big question is: what happens next? Many people are interested to know whether Mosby will be going to jail, but she won't know her fate until after he next trial, according to criminal defense lawyer Andrew Alperstein. The second trial will focus on mortgage fraud.
Mosby served two terms as Baltimore City's state's attorney before losing re-election and leaving office in January.
The court separated the perjury and mortgage fraud charges into two separate trials and moved them to Greenbelt after Mosby asserted she could not get a fair trial in Baltimore due to the publicity of the case.
