BALTIMORE — Federal prosecutors have filed a new motion in an attempt to admit certain evidence during Marilyn Mosby's upcoming criminal trial.
Last week, a judge barred the government from mentioning past investigations into Mosby while making their case against her to the jury.
Those investigations include one conducted by the Baltimore City Inspector General last year, which found that Mosby's personal side businesses generated no revenue in 2019, despite writing off $5000 in expenses on tax forms.
Mosby's attorneys at the time admitted her businesses were non-operational.
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.
Since her indictment Mosby's defense team has changed course, to now say the businesses were in operation and negatively impacted by COVID.
However prosecutors continue to question if that were the case, and Mosby had been struggling financially, why she would take money out and spend it on home purchases instead of her businesses.
Mosby's council has argued that the Inspector General report has nothing to do with the current criminal charges. They believe comments made by her lawyers in response were protected by attorney-client privilege.
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Prosecutors have pushed back on that theory, accusing Mosby of lying to state government officials during that investigation, and trying to hide behind attorney-client privilege to avoid having a jury hear the evidence.
"The defendant should not be allowed to argue that her earlier false statements are covered by privilege, because if she is correct – and she was lying then – she used her attorneys to perpetrate a crime and a fraud," prosecutors wrote in their filing.
The government also contends that attorney-client privileges were tossed out when Mosby authorized lawyers to defend her to third-parties including the news media. Prosecutors say they can make these arguments, without directly alluding to the Inspector General's investigation.
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"To the extent the defendant argues that any of the public statements by private counsel and her approval of the statements are privileged, she is wrong," prosecutors explained. "All the material was conveyed by the defendant to her attorneys with the intent that it be conveyed to third parties, and so the privilege does not apply."
It's unknown when the judge will rule on these latest motions. Mosby's trial is currently scheduled to begin September 19.
