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2024-05-24 19:08:47 UTC
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In New York State, they put people on trial for fulfilling the terms of
a business agreement. In Maryland, they turn them loose whether they
honor them or not.
Former Baltimore prosecutor avoids prison time on perjury, mortgage
fraud convictions
GREENBELT, Md. —
A federal judge sentenced former Baltimore prosecutor Marilyn Mosby to
12 months of home detention and three years of supervised release, both
to be served concurrently, plus 100 hours of community service.
Mosby, 44, decided not to speak before the sentence was delivered. She
and her two daughters later spoke outside the courthouse. Mosby thanked
her legal team and supporters, saying, in part, "Thank you. I swear, God
sent angels into my life to see me when I felt like I wasn't being seen,
and I'm just so grateful to each and every one of you. (God) has touched
the heart of this judge and allowed me to go home to my babies."
She took no questions.
U.S. District Court Judge Lydia Kay Griggsby said the defense's
calculation of 12-18 months "is not appropriate in this case."
She factored into her sentencing decision, speaking to Mosby, "The
findings of two juries that you did something wrong, breached a public
trust, that is very difficult to restore."
The judge said evidence has shown a pattern of dishonesty and that there
are victims, though "not in the traditional sense."
"You have an absolute right to maintain your innocence and should not be
punished in any way for doing so," Griggsby told Mosby in court.
The judge said the fact that Mosby is a mother of two daughters weighed
heavily on the court.
Mosby could have faced up to 40 years in federal prison at sentencing
Thursday. Defense attorneys had pushed for Mosby to serve no prison time
while the federal government sought a 20-month prison sentence followed
by five years of probation.
Prosecutors said their sentencing framework sends an argument of
deterrence and respect for the law. The defense argued Mosby's
convictions are for victimless and non-violent crimes.
Court hears from character witnesses
The court heard from more than a dozen defense character witnesses
during a sentencing hearing Thursday at federal court in Greenbelt.
Mosby's siblings asked for mercy and leniency, while her former
colleagues called her brave.
Among the witnesses included well-known Baltimore attorney J. Wyndal
Gordon, who said, in part: "Shakespeare could not have written a more
tragic tale. I haven't seen this type of suffering since I read the
story of Job in the Bible."
Michael Schatzow, a former chief deputy under Mosby during her tenure as
Baltimore City state's attorney, told the court Mosby tried to reform a
"largely dysfunctional criminal justice system."
He asked the judge for leniency for Mosby.
"She suffered more than any person I know," said Zy Richardson, who was
the spokeswoman for the state's attorney's office under Mosby's tenure.
"She is not deserving of prison time. She is fragile, in pain and a
human being."
Civil rights attorney Ben Crump said incarceration would send a harmful
message to the civil rights community.
Crump read a statement to reporters outside court before he delivered
remarks to the judge, saying, in part: "To sentence her to prison being
convicted for minor, non-violent offenses with no victims would be a
grave injustice and it would magnify the trauma of her two beautiful
daughters. The crux of the matter is (this is) ... a minor white-collar
crime in which many others have been convicted of and sentenced to ... a
slap on the wrist."
Defense calls case 'unprecedented'
Mosby's attorney, Jim Wyda, told the court he wanted to keep the focus
on Mosby's character, saying that while some of the speakers talked
about public perception, those are valid concerns in the community.
"Ms. Mosby maintains her innocence," Wyda told the court.
Wyda said Mosby is appealing the conviction. Wyda said this is not
public corruption, it had to do with private finances and that there is
no victim and no financial loss. He called this an unprecedented case.
Griggsby questioned Assistant U.S. Attorney Sean Delaney, asking, "Are
there victims, and who are they?"
"All citizens are victims when public officials lie and find the truth
not to be important," Delaney said. "This is a sad day for the city of
Baltimore and the participants involved. No one is enthusiastic about
the government's request. It's just what we have to do."
Delaney denied claims by Mosby's supporters that she is a victim of
selective prosecution and said she has repeatedly lied about the case
and prosecutors' handling of it.
"These lies demonstrate that Marilyn Mosby is unremorseful, that she has
no regard for the truth," Delaney said.
Mosby maintains her innocence, court says that weighs heavily on decision
As Mosby has maintained her innocence, she appeared on MSNBC to lambast
prosecutors and support a push for a presidential pardon, an idea that
has support from prominent civil rights leaders and groups.
After witness and attorney statements concluded, the judge said Mosby's
lack of contrition weighed heavily on the court's mind when it came to
deciding the sentence and that lack of contrition has nothing to do with
maintaining innocence.
In her response, the judge said, in part, "The part about lack of
contrition weighs heavy on this court."
Griggsby told the court, in part, "This court does not view maintaining
innocence" as lack of contrition. The judge said she's concerned about
Mosby's "conduct that shows disrespect for the law, disregard for the
verdicts of two juries and a disregard for the judicial process."
Wyda said Mosby should have the right to be steadfast in her innocence
without it being used against her.
"We're allowed to protest how the justice system handles us, and the
justice system has to be tough enough to take it," Wyda said.
The prosecution said its doesn't have a problem with Mosby maintaining
her innocence. Delaney said he has a problem with lies Mosby has made
publicly about the case and how it has played out.
"Mosby's statements shows she has not been deterred," Delaney said.
Mosby's supporters converge outside courthouse
Dozens of Mosby's supporters, including her ex-husband, told 11 News
that they gathered outside the courthouse because Mosby means so much to
the community. Many said they relate to Mosby and they held a prayer
service, asking for divine mercy and justice for her.
"We left from New Shiloh Church to come here. We left at 7:30 this
morning. This is not the first bus to come through here, and we are
going to stick through it," said Lady B, a Mosby supporter.
"The people are giving her a lot of affection because, right now, she
needs it," said Maxine Shortridge, a Mosby supporter.
"I'm here because I can identify with Marilyn's plight as a woman, as a
mother, as a businessperson," said Denise Parker, a Mosby supporter.
Mosby supporters and curious others who also had business at the
courthouse crowded around every news conference denouncing her convictions.
The crowd also included Keith Davis, who was prosecuted by Mosby but was
set free after standing trial four times for the 2015 killing of a
Pimlico security guard that he said he didn't commit. Charges were
dismissed in January 2023 under new Baltimore City State's Attorney Ivan
Bates.
Davis took the high road, commenting about the Mosby sentencing.
"I definitely think that she shouldn't had to do any jail time. I
wouldn't send anybody to prison," Davis said.
As a fellow mother, Kelly Davis, agreed with the sentence in that it
included no jail time.
"She shouldn't have went to jail. She's a mother, regardless of how I
feel about her, she should not have been in jail. She's a mother, and a
mother should not have ever been separated from her children. It's time
for us to heal. She's been held accountable, that's enough, but does she
need to be in jail? Absolutely not. We all know what it's like," Kelly
Davis said.
How it all started
The investigation started at Mosby's request in 2020 to the Baltimore's
Inspector General's Office, which ultimately concluded there might be
criminal wrongdoing and turned the findings over to federal officials.
Mosby was indicted in January 2022 on perjury and mortgage fraud
charges, which went to trial separately on allegations she lied about a
COVID-19 financial hardship to access restricted retirement funds in
order to buy two Florida vacation homes and then lying on loan paperwork
to lock in a better rate.
After 20 months of legal wrangling, delays and postponements, as well as
Mosby's first defense team dropping out, a jury found Mosby guilty on
both counts of perjury in November 2023. A jury returned a split verdict
in February, finding Mosby guilty of one count of mortgage fraud.
Nick Mosby's statement
Mosby's ex-husband, Nick Mosby, released a statement, saying:
"I am grateful that this three-year ordeal is closer to being over for
my family, especially my daughters and Marilyn.
"From the moment federal agents publicly started their investigation at
City Hall, I have maintained that Marilyn was unfairly targeted in an
unprecedented manner. After spending millions of dollars investigating
every aspect of our life, this sentence shows that there was not much of
a case there. The arc of the moral universe is long, but it bends toward
justice.
"I am proud of Marilyn for who she is and how she has held her head high
and fought for her good name in the face of seemingly insurmountable
obstacles. She is an amazing mother, and a great public servant who lost
a lot during this process.
"I hope she can begin to pour back into the communities that miss and
desperately need her brilliance, courage, and leadership.
"I would like to thank all those who stood with her throughout this
ordeal and prayed for our family during some really dark days. God is
great and greatly to be praised."
https://www.wbaltv.com/article/marilyn-mosby-sentenced/60875960