Former Baltimore City State's Attorney Marilyn Mosby is looking to overturn her previous convictions for mortgage fraud and perjury. As reported by CBS News Baltimore, in an appeal filed late Monday, Mosby's legal team has pointed to what they describe as "ill-advised" and "ill-conceived" prosecutorial actions, seeking to convince the 4th U.S. Circuit Court of Appeals to nullify the findings that led to her three-year supervised release, which included 12 months of home confinement.
Mosby began serving her home detention sentence in June after her first trial found her guilty of lying about adverse financial consequences related to COVID-19 to take money out from her retirement account. In an attempt to preferably alter the view of her image, Mosby's lawyers also challenged the forfeiture of a Florida condominium, according to CBS News Baltimore. They argue that the property, which is purportedly deeply in debt and Marilyn Mosby's only significant asset, brings her much-needed rental income.
With the U.S. Attorney’s Office declining to comment on the matter as detailed by Gazettextra, Mosby's defense team has also put forth the argument that the term "adverse financial consequence" was too vague to support a perjury conviction and that the courtroom dynamics were skewed against Mosby due to preconceived notions about wealth and the perception of greed.
The crux of the appeal, as detailed by defense attorneys, questions the venue of the trial, suggesting that prosecutors failed to establish that the mortgage fraud crime took place in Maryland, as Mosby may not have been in the state when the gift letter was submitted. The defense also claimed that the mention of Mosby's perjury convictions during her mortgage fraud trial should never have been allowed, proposing that it could have prejudiced the jury.
Mosby's legal battles continue under the representation of attorneys Daniel S. Volchok and others from the D.C. law firm Wilmer Cutler Pickering Hale and Dorr, in conjunction with lawyers from the Federal Public Defender’s Office. Meanwhile, amid her ongoing legal entanglements, Maryland's Supreme Court has ruled that Mosby can keep her law license while the appeals process is unfolding, a small respite as she navigates through the complexities of these judicial proceedings.
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