Will Marilyn Mosby testify in her own defense?
BALTIMORE -- Judge Lydia K. Griggsby said former Baltimore City State's Attorney Marilyn Mosby has until court resumes Wednesday morning to decide whether to take the stand in her own defense.
Mosby is facing charges of mortgage fraud.
The government alleges she knowingly lied on mortgage documents when purchasing two Florida vacation homes. You can see evidence in the case here.
Her defense presented some of its final witnesses Tuesday, including several people who handled Mosby's mortgage and an investigator with the public defender's office.
Mosby's lawyers were unsuccessful in introducing texts where Mosby asked her mortgage broker Gilbert Bennett whether a news report that she got a better interest rate for promising not to rent out one of her vacation homes was "accurate."
Prosecutors said she rented it out anyway—prohibited under the terms of her mortgage—and sent the messages as part of a cover-up.
Over two days, jurors heard from Mosby's ex-husband, Baltimore City Council President Nick Mosby. He testified the breakdown in their marriage was over financial issues and blamed himself for not telling her about a tax lien. Mosby checked "no" on mortgage forms when asked whether she had any federal tax debts.
Late Tuesday, Mosby's public defender Jim Wyda told the judge his next "possible witness" was the defendant.
He pleaded with the judge to give Mosby longer to make the pivotal decision of whether to testify.
"We need time to discuss this with Ms. Mosby," Wyda said.
Prosecutor Aaron Zelinsky argued it was a delay tactic.
"The witness has had ample time to decide what to do," Zelinsky told the judge.
Wyda said he is hopeful the judge will rule on his motion to acquit Mosby. It is based on the alleged crimes happening outside of Maryland.
Prosecutors also plan to present a rebuttal case to Nick Mosby's testimony.
The judge blocked them from having some of Marilyn Mosby's former lawyers take the stand. They had interviewed Mr. Mosby while representing his ex-wife.
After that, jurors will hear closing arguments.
Marilyn Mosby declined to testify in a related perjury trial. A jury convicted her in that case last November.
She has yet to be sentenced for perjury.
