KATE: AERFT NEARLY TWO HOURS OF ORAL ARGUMENTS, A FEREDAL JUDGE HERE AT THE COURTHOUSE DOWNTOWN DENIED ALL THREE DEFENSE MOTIONS, INCLUDING THE CLAIM THAT THIS WAS A VINDICTIVE PROSECUTION. MARINLY MOSBY IS FACING FEDERAL CHARGES OF PERJURY AND LYING ON A LOAN APPLICATION. SHE IS PLEADED NOT GUILTY AND TODAY HER LAERWY ASKED A JUDGE TO DISMISS THE CASE AND A SMALL TEST IS CALLED BY PROSECUTORS WHO ARE TRYING TO T IT.RY QUOTE IF IT WERE A STOROOKYB IT WOULD BE CALLED SELECTIVE AND VINDICTIVE PROSECUTION HE SAID. AND THE AUTHOR OF THAT STORYBOOK WOULD BE THE GOVERNMENT IN THIS CASE. THAT IS ATTORNEY SCOTT BOLDEN WHO ALSO ARGUED THAT MOSBY’S TREATMENT HAS BEEN UNCONSTITUTIONAL. HE CLAIMED THE LEAD PROSECUTOR, LEO WISE IS LIKELY DOING THIS OUT OF THE DIMNESS BECAUSE MOSBY EMBARRASSED HIM IN FRONT OF HIS BOSS FOUR YEARS AGO. QUOTE THE ONE THING I WILL AGREE WITH MR. BOLDEN ON IS THAT HE TOLD A SRYTO, ASSISTANT U.S. ATTORNEY WISE SAID AS HE LED THE GOVERNME'N’S ARGUMENT IN OPPOSITION TO THE MOTIONS. WISE CALLED THE DEFENSEOT MIONS MEANDERING" A JUMBLEF O BASELESS AND POORLY REASONED PERSONAL ATTACKS. DIVORCED FROM THE LAW. THIS CASE WODUL BEEN BROUGHT WITH HER WITHOUT HE TOLD THE JUDGE SAYING QUOTE THE EVIDENCE AGAINST THE DEFENDANT IS OVERWHELMING AND HER CONDUCT WAS EGREGIOUS. MARILYN MOSBY TALKED WITH REPORTERS ON HER WAY OUT OF COURT THIS AFTERNOON AND AS SHE HAS FROM THE START, MAINTAIN HER INNOCENCE. >> I TNKHI WE HAVE TO THINK ABOUT HOW THESE INVESTIGATIONS BEGAN, STARTING WITH MY TRAVEL, THEN IT WENT FROM AN O RG INVESTIGATION. AND WENT TO STATE ETHICS COMMISSION, STATE BOARD OF ELECTIONS. THEY HAVE COME TO EVERY ASPECT OF MY LIFE F TORHE PAST TWO YEARS. AND THIS IS WHERE WE ARE. HUNDREDS OF THOUSANDS OF DOLLARS IN DEBT N ATTORNEYS FEES, FIGHTING A BATTLE IN WHICH THEY ARE NOW COMING AT ME WITH. THEY MADE RECOMMENDATIS ONFOR TAX EVASION. ON TESAX I HAD NOT EVEN CHARGED YET. ISTH PARTICULAR PROSECUTOR REFUSED TO PUT EXCULPATORY EVIDENCE IN FRONT OF A GRAND JURY. THAT IS PROSECUTORIAL MISCONDUCT. AND SO, YES I AM GOING TO FIGHT AND I AM GOING TO PREVAIL LIKE I ALWAYS DO. KATE WITH TODAY’S RULING, THIS CASE NOW MOVES FORWARD WITH A JURY TRIAL SCHEDULED TO BEGIN ON SEPTEMBER 19.
'I'm going to fight': Marilyn Mosby vows to continue fight after judge denies all 3 defense motions
At pretrial hearing, defense sought dismissal on claim case is vindictive prosecution
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Updated: 6:08 PM EDT Apr 14, 2022
A federal judge denied all three defense motions to dismiss charges in the case against Baltimore City State's Attorney Marilyn Mosby.The judge's decision came late Thursday afternoon after almost two hours of oral arguments in which the defense claimed the case is a vindictive prosecution.| RELATED: Mosby attorney files motion seeking dismissal of charges in federal indictmentMosby said outside the courthouse after the judge's decision: "I think that we have to think about how these investigations began. It started with my travel, then it went from an (Office of the Inspector General) investigation, and it went to (the) state Ethics Commission, state Board of Elections. They have combed every aspect of my life for the past two years. And, this is where we are: hundreds of thousands of dollars in debt in attorney's fees, fighting a battle which they are now coming at me with. They made recommendations for tax evasion on taxes I hadn't even charged yet. This particular prosecutor refused to put exculpatory evidence in front of a grand jury. That's prosecutorial misconduct. And, so, yes, I'm going to fight and I'm going to prevail like I always do."Mosby's attorney, A. Scott Bolden, asked the judge to dismiss the case and disqualify the prosecutors trying it."If it were a storybook, it would be called 'selective and vindictive prosecution.' and the author of that storybook would be the government in this case," Bolden said.Bolden called Mosby's treatment unconstitutional, and he claimed the lead prosecutor in the case, Assistant U.S. Attorney Leo Wise, is "likely doing this out of vindictiveness" because Mosby embarrassed him in front of his boss four years ago.| RELATED: Court docs: Government has recorded conversations in Mosby caseWise led the government arguments in opposition, saying, "The one thing I'll agree with Mr. Bolden on is that he told a story."Wise called the defense motions meandering and "a jumble of baseless and poorly reasoned personal attacks divorced from the law."Wise told the judge the case would have been brought with or without him, saying, "the evidence against the defendant is overwhelming and her conduct was egregious."Mosby has pleaded not guilty to charges of perjury based on allegations that she falsely claimed financial hardship to access her retirement account without penalty. She's also charged with making a false statement on a loan application.| RELATED: Mosby pleads not guilty at initial court appearanceMosby has always maintained her innocence and claimed she has done nothing illegal or wrong.| RELATED: Indicted Baltimore prosecutor Marilyn Mosby: 'I am innocent'With Thursday's ruling, the case now moves forward with the jury trial scheduled to begin on Sept. 19.
BALTIMORE — A federal judge denied all three defense motions to dismiss charges in the case against Baltimore City State's Attorney Marilyn Mosby.
The judge's decision came late Thursday afternoon after almost two hours of oral arguments in which the defense claimed the case is a vindictive prosecution.
| RELATED: Mosby attorney files motion seeking dismissal of charges in federal indictment
Mosby said outside the courthouse after the judge's decision: "I think that we have to think about how these investigations began. It started with my travel, then it went from an (Office of the Inspector General) investigation, and it went to (the) state Ethics Commission, state Board of Elections. They have combed every aspect of my life for the past two years. And, this is where we are: hundreds of thousands of dollars in debt in attorney's fees, fighting a battle which they are now coming at me with. They made recommendations for tax evasion on taxes I hadn't even charged yet. This particular prosecutor refused to put exculpatory evidence in front of a grand jury. That's prosecutorial misconduct. And, so, yes, I'm going to fight and I'm going to prevail like I always do."
Mosby's attorney, A. Scott Bolden, asked the judge to dismiss the case and disqualify the prosecutors trying it.
"If it were a storybook, it would be called 'selective and vindictive prosecution.' and the author of that storybook would be the government in this case," Bolden said.
Bolden called Mosby's treatment unconstitutional, and he claimed the lead prosecutor in the case, Assistant U.S. Attorney Leo Wise, is "likely doing this out of vindictiveness" because Mosby embarrassed him in front of his boss four years ago.
| RELATED: Court docs: Government has recorded conversations in Mosby case
Wise led the government arguments in opposition, saying, "The one thing I'll agree with Mr. Bolden on is that he told a story."
Wise called the defense motions meandering and "a jumble of baseless and poorly reasoned personal attacks divorced from the law."
Wise told the judge the case would have been brought with or without him, saying, "the evidence against the defendant is overwhelming and her conduct was egregious."
Mosby has pleaded not guilty to charges of perjury based on allegations that she falsely claimed financial hardship to access her retirement account without penalty. She's also charged with making a false statement on a loan application.
| RELATED: Mosby pleads not guilty at initial court appearance
Mosby has always maintained her innocence and claimed she has done nothing illegal or wrong.
| RELATED: Indicted Baltimore prosecutor Marilyn Mosby: 'I am innocent'
With Thursday's ruling, the case now moves forward with the jury trial scheduled to begin on Sept. 19.
