A federal judge on Wednesday delayed jury selection in the trial of indicted Baltimore City State's Attorney Marilyn Mosby. The trial was already postponed once in April to Sept. 19 at the request of the defense and opposition from the government. Mosby is charged with perjury and making a false statement on a loan application.
Mosby arrived shortly before 2 p.m. Wednesday at federal court in downtown Baltimore for a pretrial motions hearing to hear a defense motion to dismiss the two perjury charges against Mosby, plus a government motion to delay the trial or reject a defense expert witness. While addressing the expert witness, the judge said, "There's just no realistic way to proceed ... so we will not proceed with jury selection tomorrow (Thursday)."
The government filed a motion to delay the trial over concerns about an expert witness the defense wants to call. The government said the defense disclosure was late and lacking, and that it wants more time to prepare if the judge allows the testimony.
The judge called for everyone to return to court at 2 p.m. Thursday, saying there's too much to hash out and it's very late in the day. The judge ultimately denied the defense's motion to dismiss the perjury counts.
While entering the courthouse, Mosby and her defense lawyers were asked whether the case will go to trial. Lead attorney A. Scott Bolden only gave a general answer, saying, "We'll see," without any other comment.
In court, Bolden told the judge: "My client has a life to lead. She doesn't have an income after January. How is she going to generate an income if she's under an indictment?" Mosby lost her bid for re-election in the July primary. The hearing began with Mosby's formal arraignment on four federal criminal charges, to which Mosby pleaded not guilty.
"... when it was turned into the hit first season of the podcast 'Serial.' The state’s attorney for Baltimore City said in a motion filed Wednesday in circuit court that a nearly yearlong investigation, conducted with the defense, found new evidence, including information concerning the possible involvement of two alternative suspects. Prosecutors are requesting Mr. Syed be given a new trial. They said they weren’t asserting that Mr. Syed is innocent. 'However, for all the reasons set forth below, the State no longer has confidence in the integrity of the conviction,' said the office of Baltimore State’s Attorney Marilyn Mosby, which is overseeing the reinvestigation. The office is recommending Mr. Syed be released on his own recognizance pending the continuing investigation...."
The Wall Street Journal reports.
Top comment over there: "This is the same Marylin Mosby that indicted several Baltimore cops for murder and failed to get a conviction. The same person who was caught cheating on taxes or a mortgage application. Now she wants to release a convicted murderer while their retrial takes place and no definitive suspect has been identified...."
Which is exactly what they should do if they really don't have confidence in the verdict.