BALTIMORE — A federal judge on Wednesday denied a last ditch effort by Baltimore City State's Attorney Marilyn Mosby to dismiss two perjury charges before her upcoming criminal trial.
Court rules to DENY defense atty’s motion to dismiss Counts 1 and 3
— Kendall Green (@KNDLGRNTV) September 14, 2022
At the same time, judge Lydia Griggsby granted a government motion for a continuance, meaning the trial date which had already been pushed back once, will again be delayed forcing jury selection to also be pushed back.
The rulings came down during what was supposed to be the final pre-trial hearing before a jury convened on September 19.
Prosecutors and defense attorneys exchanged a flurry of last-minute motions, throwing the trial start date into question.
RELATED: Prosecutors, defense exchange flurry of last-minute motions prior to Mosby trial
In their latest filing, the government urged Griggsby to strike some of the testimony two of Mosby's expert witnesses were expected to provide. Prosecutors claimed Mosby's attorneys chose to disclose some of their planned testimony well beyond a court imposed deadline. Because of that, lead prosecutor Leo Wise said his team would need more time to prepare a counter argument.
#BREAKING Judge rules to grant motion for continuance: ‘the court doesn’t have a choice.’ Jury selection will be moved back
— Kendall Green (@KNDLGRNTV) September 14, 2022
Wise also wants the judge to reconsider admitting certain evidence, that last week she said would be barred from trial.
That evidence includes a Baltimore City Inspector General's investigation last year, which concluded that Mosby's personal side businesses were essentially non-operational. Prosecutors say public statements made by her attorneys at the time, are central to their case. Griggsby though, did not rule on those motions Wednesday.
Charges against Mosby revolve around hardships she claims to have faced during the COVID-19 pandemic.
Prosecutors allege Mosby withdrew $90,000 from her city Deferred Compensation Plan under false pretenses and used it to buy vacation homes in Florida, which they say contradicts any notion that she may have suffered financial harm. They have also previously highlighted the fact that Mosby received a more than $9,000 raise during the time period in question.
Court will reconvene Thursday at 2pm to determine what happens next.
