BALTIMORE — Wednesday marks the final pre-trial hearing before a federal jury convenes for a criminal case against Baltimore City State's Attorney Marilyn Mosby.
On the eve of the hearing, prosecutors and defense attorneys exchanged a flurry of last-minute motions for a judge to consider.
In their latest filing, prosecutors are asking the judge to strike some of the testimony two of Mosby's expert witnesses are expected to provide.
The government claims Mosby's attorneys disclosed additional opinions from witnesses well beyond a court imposed deadline.
Prosecutors say if the defense's witnesses are permitted to testify as planned, extra time would be needed to prepare a counter-offensive which could force the trial to either be extended or even delayed.
Mosby's attorneys responded by calling the government's newest motion “trial by ambush” tactics.
"Despite this grandstanding, the shoe appears to be on the other foot now, and it is the government that is speaking in terms of a continuance because of its lack of experts. The government’s motions should be denied on their hypocrisy alone." wrote Mosby attorney A. Scott Bolden.
Initially prosecutors had said they were prepared to try the case against Mosby all the way back in April. It was Mosby's team who originally asked for and was granted a later start date to allow time to find these expert witnesses, which the government has also been forced to pay for.
That request from Mosby's team was a complete reversal from when she was first indicted, and had demanded a speedy trial before her primary election was to be held, which she ultimately lost.
Now the government argues that the defense is trying to sneak in extra expert testimony they had previously been unaware of.
"Despite the fact that the defendant has undoubtedly had her experts’ opinions for months and should have disclosed them by the Court’s deadline of July 1, 2022, defendant chose to email the Government additional disclosures at 11:17 pm on Friday," prosecutors wrote in court filings.
Another motion by prosecutors asks the judge to reconsider admitting certain evidence, that last week she said would be barred from trial.
MORE: Prosecutors fight for jury to hear past contradicting statements from Mosby attorneys
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 want to use public statements made by her attorneys at the time, admitting such.
The entire criminal case against Mosby revolves around hardships she claims to have faced during the COVID-19 pandemic.
Prosecutors say 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.
According to court documents, Mosby's experts will testify how COVID-19 had impacted the travel industry, since one of Mosby's personal businesses was a start-up travel agency. The same witness is also expected to explain the effects the pandemic had on the stock market, in hopes of proving that Mosby suffered investment losses.
It's unclear if the judge will rule on these latest motions Wednesday. Mosby's trial is still currently scheduled to begin September 19.
