Marilyn Mosby
{{Short description|American politician and lawyer (born 1980)}}
{{Use mdy dates|date=February 2022}}
{{Infobox officeholder
| name = Marilyn Mosby
| image = MYD 0025 Marilyn Mosby (25057546410).jpg
| office = 25th State's Attorney of Baltimore
| term_start = January 8, 2015
| term_end = January 3, 2023
| predecessor = Gregg Bernstein
| successor = Ivan Bates
| birth_name = Marilyn James
| birth_date = {{birth date and age|1980|1|22}}
| birth_place = Boston, Massachusetts, U.S.
| death_date =
| death_place =
| party = Democratic
| spouse = {{marriage|Nick Mosby|2005|2023|end=separated}}
| children = 2
| education = Tuskegee University (BA)
Boston College (JD)
| signature = Marilyn Mosby signature.svg
}}
Marilyn Mosby (née James; born January 22, 1980){{Cite web |date=January 4, 2023 |title=Marilyn J. Mosby, State's Attorney, Baltimore, Maryland |url=https://msa.maryland.gov/msa/mdmanual/36loc/bcity/stattorneys/former/html/msa17087.html |access-date=September 30, 2023 |website=Maryland Manual Online |publisher=Maryland State Archives |url-status=live |archive-url=https://web.archive.org/web/20230303221158/https://msa.maryland.gov/msa/mdmanual/36loc/bcity/stattorneys/former/html/msa17087.html |archive-date=March 3, 2023}} is a former American politician and lawyer who served as the State's Attorney of Baltimore from 2015 to 2023.{{cite news |url=http://www.wbaltv.com/politics/marilyn-mosby-sworn-in-as-baltimore-city-states-attorney/30611736 |title=Marilyn Mosby sworn in as Baltimore City state's attorney |publisher=WBAL-TV |date=January 9, 2015 |access-date=May 1, 2015}} She was the youngest state prosecutor for any major city in the United States.{{cite news |title=African-American Power Couple at Baltimore's Vanguard |last=Adams |first=Blair |date=September 25, 2013 |work=Baltimore Afro-American |url=http://www.afro.com/african-american-power-couple-at-baltimores-vanguard}} Mosby gained national attention following the killing of Freddie Gray in 2015, after which she led a highly publicized investigation and unsuccessful murder prosecution of the police officers who arrested and transported Gray.{{cite news |title=Meet Marilyn Mosby, the Woman Overseeing the Freddie Gray Investigation |publisher=NBC News |first=Elizabeth |last=Chuck |date=April 30, 2015 |url=https://www.nbcnews.com/storyline/baltimore-unrest/meet-marilyn-mosby-woman-overseeing-freddie-gray-investigation-n351046}}
Mosby was re-elected in 2018 but lost her 2022 reelection campaign to Ivan Bates, following her indictment by federal grand juries for perjury and fraud. The two perjury charges were due to Mosby having financially exploited a COVID-19 pandemic relief program for which she was convicted on November 9, 2023.{{cite news |last1=Morse |first1=Dan |title=Ex-Baltimore prosecutor Marilyn Mosby guilty in federal perjury trial |url=https://www.washingtonpost.com/dc-md-va/2023/11/09/marilyn-mosby-verdict-perjury-guilty/ |access-date=November 9, 2023 |newspaper=The Washington Post |date=November 9, 2023}} The fraud case, for which she was convicted on February 6, 2024, was due to mortgage fraud committed when purchasing two Longboat Key, Florida properties.{{cite news |last1=Segelbaum |first1=Dylan |title=Jury reaches split verdict in ex-Baltimore State's Attorney Marilyn Mosby mortgage fraud trial |url=https://www.thebaltimorebanner.com/community/criminal-justice/mortgage-fraud-trial-verdict-marilyn-mosby-RTVI5R6GMFFWFIHDEZKGO6GBKA/ |access-date=February 6, 2024 |work=Baltimore Banner |date=February 6, 2024 |language=en}}
Early life
Born Marilyn James in Massachusetts, Mosby was raised by her grandparents in the Dorchester section of Boston, Massachusetts.{{cite web |url=https://www.bostonglobe.com/metro/2015/05/01/baltimore-prosecutor-has-deep-ties-boston/ytXP5IjJseH1t0FQw1YfJM/story.html |title=Freddie Gray case prosecutor Marilyn Mosby has deep ties to Boston |work=Boston Globe |access-date=June 14, 2015}}{{sfn|Adams|2013|p=A10}} Her mother and father both served as police officers and her grandfather was one of the first African-American police officers in the state. She attended Dover-Sherborn High School, an hour away from her home, as a result of METCO, the longest-standing school desegregation program in the country. She served in the Student Government Association, and was co-editor of the school newspaper.{{sfn|Adams|2013|p=A10}}
Her interest in practicing law was sparked by the murder of her 17-year-old cousin outside of her home, due to being misidentified as a drug dealer by criminals.
In 2000, when she was a 20-year-old Tuskegee University student, James appeared on the Judge Judy television show as a plaintiff, suing a roommate for damaging her property during summer break. She was successful, and was awarded $1,700 for damages.{{cite web|url=http://insider.foxnews.com/2015/05/28/video-marilyn-mosby-baltimore-prosecutor-freddie-gray-case-judge-judy|title=VIDEO: Marilyn Mosby, Baltimore Prosecutor in Freddie Gray Case, on Judge Judy|work=Fox News Insider|date=May 28, 2015}} She graduated magna cum laude from Tuskegee University with a (B.A.) degree; she earned a Juris Doctor from Boston College Law School in 2005.
Career
Mosby served as a law clerk, an Assistant State's Attorney for Baltimore, and Liberty Mutual fraud investigator from 2005 to 2014. Before that she had held a series of legal internships in Boston while in law school.{{cite news |title=Mosby defeats Bernstein in Baltimore prosecutor's primary |work=Daily Record |location=Baltimore, Maryland |date=June 24, 2014 |url=http://thedailyrecord.com/2014/06/25/mosby-defeats-bernstein-in-baltimore-prosecutors-primary |access-date=May 1, 2015}}
= State's Attorney for City of Baltimore =
[[File:2014 Baltimore City State's Attorney Democratic primary election results by precinct.svg|thumb|175px|2014 Baltimore State's Attorney Democratic primary results by precinct
{{collapsible list
| title = {{legend|#7996E2|Mosby}}
|{{legend|#7996E2|50–60%}}
|{{legend|#6674DE|60–70%}}
|{{legend|#584CDE|70–80%}}
|{{legend|#3933E5|80–90%}}
|{{legend|#0D0596|>90%}}
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| title = {{legend|#F1C92A|Bernstein}}
|{{legend|#F1C92A|50–60%}}
|{{legend|#DEB02A|60–70%}}
|{{legend|#CE9B1E|70–80%}}
|{{legend|#B98A35|80–90%}}
}}
{{legend|#AE8BB1|Tie}}
]]
Mosby announced her plans to run for State's Attorney for the City of Baltimore in June 2013.{{cite web |url=http://www.bizjournals.com/baltimore/news/2014/12/16/baltimore-attorney-gregg-bernstein-zuckerman.html |title=Baltimore City State's Attorney Gregg Bernstein rejoining Zuckerman Spaeder |work=Baltimore Business Journal |date=December 16, 2014 |access-date= May 1, 2015 |first=Ryan |last=Sharrow}}{{cite news |url=https://www.baltimoresun.com/2013/06/24/marilyn-mosby-seeks-to-become-citys-top-prosecutor/ |title=Marilyn Mosby seeks to become city's top prosecutor |work=The Baltimore Sun |first=Luke |last=Broadwater |date=June 24, 2013 |access-date=May 1, 2015}} She ran against incumbent Gregg L. Bernstein in the Democratic primary, defeating him with 55 percent of the vote. She faced no Republican opposition in the general election.{{cite news |title=Neverdon loses again as he strives for place on November ballot |first1=Kevin |last1=Rector|first2=Ian|last2=Duncan|work=The Baltimore Sun|date=September 9, 2014|url=http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-neverdon-loses-appeal-20140909-story.html|access-date=May 1, 2015|archive-date=June 12, 2018|archive-url=https://web.archive.org/web/20180612143007/http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-neverdon-loses-appeal-20140909-story.html|url-status=dead}} Mosby won the general election, receiving 94 percent of the vote, defeating Independent Russell A. Neverdon Sr., who ran a write-in campaign.{{sfn|Alejandro|2014|p=A3}}{{cite news|title=Mosby is Baltimore's next State's Attorney |first=Ian|last=Duncan|work=The Baltimore Sun|date=November 4, 2014 |url=http://www.baltimoresun.com/news/maryland/politics/campaign-2014/bs-md-ci-city-races-20141104-story.html |access-date=May 1, 2015 |archive-date=December 8, 2015 |archive-url=https://web.archive.org/web/20151208151854/http://www.baltimoresun.com/news/maryland/politics/campaign-2014/bs-md-ci-city-races-20141104-story.html|url-status=dead}}
At the time of her election, Mosby was the youngest top prosecutor in a major US city.{{cite news|title=New Baltimore State's Attorney Marilyn Mosby — youngest chief prosecutor in a major U.S. city — is set to take on the Freddie Gray case |first=Nancy |last=Dillon |work=Daily News |location=New York|date=April 30, 2015 |url=http://www.nydailynews.com/news/crime/freddie-gray-case-tough-task-new-state-attorney-article-1.2205884}}{{cite news|title=Who is Marilyn Mosby?: Prosecutor in Freddie Gray case has talked of need to 'repair' trust |first1=Dana |last1=Ford |first2=Ray|last2=Sanchez|publisher=CNN|date=May 1, 2015 |url=https://edition.cnn.com/2015/04/30/us/baltimore-freddie-gray-prosecutor}} She was sworn into office on January 8, 2015.{{cite news|title=Marilyn Mosby sworn in as Baltimore City state's attorney: Mosby, 34, becomes youngest top prosecutor in U.S.|date=January 9, 2015|publisher=WBAL-TV|location=Baltimore, Maryland |url=http://www.wbaltv.com/politics/marilyn-mosby-sworn-in-as-baltimore-city-states-attorney/30611736}} Soon after her first term in office had begun, Mosby announced restructuring of her office that was inspired by ideas from prosecutors' offices in New York, Los Angeles, and Atlanta.{{cite news|title=Mosby announces new leadership, strategies |work=The Baltimore Sun |date=January 14, 2015 |first1=Jessica |last1=Anderson |first2=Justin |last2=Fenton |url=http://www.baltimoresun.com/news/maryland/crime/blog/bs-md-ci-mosby-staff-changes-20150114-story.html}} Deputy State's Attorney Janice Bledsoe was named to oversee the new division of "criminal intelligence". Mosby reestablished community liaison positions, which her predecessor had eliminated, to inform residents of developments in cases relevant to their neighborhood. She created the Policy and Legislative Affairs Unit to advocate for legislation to prosecute cases more efficiently.
Mosby pushed unsuccessfully for bills that would have allowed prosecutors to introduce prior accusations against serial sex offenders during trial, an issue which she raised during her campaign. In May 2015, she secured the conviction of Nelson Clifford, a sex-offender who was acquitted in four previous sexual assault cases involving a "consent" defense. After the verdict she stated, "While we were able to secure a guilty verdict in this case, we must still encourage our legislators in Annapolis to bring our predatory sexual assault laws in line with the federal statute". Clifford was sentenced to more than 30 years in prison.{{cite news |first1=Justin |last1=George |first2=Justin |last2=Fenton |title=Jury convicts sex offender in fifth trial |url=https://www.baltimoresun.com/news/crime/bs-md-ci-nelson-clifford-20150508-story.html |newspaper=The Baltimore Sun |access-date=May 9, 2015 |date=May 8, 2015}}
In January 2019, she announced that her office would no longer prosecute individuals for marijuana possession, regardless of quantity.{{Cite news |url=https://www.nytimes.com/2019/01/29/us/baltimore-marijuana-possession.html|title=Baltimore to Stop Prosecuting Marijuana Possession Cases |last=Dewan|first=Shaila|date=January 29, 2019|work=The New York Times|access-date=January 29, 2019|language=en-US|issn=0362-4331}} She added that she would vacate nearly 5,000 marijuana possession convictions. In 2020, during the COVID-19 pandemic, she announced that her office would not pursue charges related to drug possession, prostitution, minor traffic violations, and low-level offenses in order to halt the spread of the coronavirus in Baltimore prisons.{{Cite web|first=Jon |last=Schuppe|title=Baltimore will no longer prosecute drug possession, prostitution, low-level crimes|url=https://www.nbcnews.com/news/us-news/baltimore-will-no-longer-prosecute-drug-possession-prostitution-low-level-n1262209|access-date=March 28, 2021|website=NBC News|date=March 26, 2021 |language=en}} In March 2021, she made the policy permanent, as she said that the temporary experiment had not led to more serious crimes.
[[File:2022 Baltimore City State's Attorney Democratic primary election results by precinct.svg|thumb|175px|2022 Baltimore State's Attorney Democratic primary results by precinct
{{collapsible list
| title = {{legend|#7996E2|Bates}}
|{{legend|#BDD3FF|30–40%}}
|{{legend|#A5B0FF|40–50%}}
|{{legend|#7996E2|50–60%}}
|{{legend|#6674DE|60–70%}}
|{{legend|#584CDE|70–80%}}
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|{{legend|#FFCCA9|30–40%}}
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|{{legend|#FF9A50|50–60%}}
|{{legend|#EE8E50|60–70%}}
}}
{{collapsible list
| title = {{legend|#73BC84|Mosby}}
|{{legend|#cdecaa|30–40%}}
|{{legend|#87DEAA|40–50%}}
|{{legend|#73BC84|50–60%}}
|{{legend|#3FA457|60–70%}}
}}
{{collapsible list
| title = {{legend|#AE8BB1|Tie}}
|{{legend|#DECDE6|30–40%}}
|{{legend|#D2B1D9|40–50%}}
}}
]]
Mosby announced on April 12, 2022, that she would run for re-election to a third term.{{cite news |last1=Berinato |first1=Chris |title=Baltimore City State's Attorney Marilyn Mosby announces intention to run for reelection |url=https://foxbaltimore.com/news/local/baltimore-city-states-attorney-marilyn-mosby-announces-intention-to-run-for-reelection |access-date=July 20, 2022 |work=WBFF |date=April 12, 2022 |language=en}} She was defeated by defense attorney Ivan Bates in the Democratic primary on July 19, 2022.{{cite news |last1=Mann |first1=Alex |last2=Sanderlin |first2=Lee |title=Ivan Bates wins Democratic primary for Baltimore State's Attorney; Marilyn Mosby comes up short of third term |url=https://www.baltimoresun.com/news/crime/bs-md-ci-cr-ivan-bates-wins-democrat-primary-states-attorney-over-marilyn-mosby-20220722-w4h2wdtlvzc2raht6zhxmhjcay-story.html |access-date=July 22, 2022 |work=The Baltimore Sun |date=July 22, 2022}}
== Prosecutions of violent offenders ==
Mosby campaigned on a promise to target and prosecute violent repeat offenders. Since her administration began in January 2015, she oversaw successful prosecutions of a number of locally highlighted offenders, such as Darryl Anderson,{{cite news |url=https://www.baltimoresun.com/news/crime/bs-md-ci-darryl-anderson-fallin-sentencing-20150324-story.html |title=Killer gets life plus 240 years, flips off top prosecutor |first=Justin |last=Fenton |work=The Baltimore Sun |access-date=December 1, 2015 |date=March 24, 2015}} Capone Chase,{{cite news |first=Saliqa |last=Khan |url=http://www.wbaltv.com/news/Former-public-enemy-No-1-sentenced-to-life-in-fatal-shooting/31614062 |title=Former public enemy No. 1 sentenced to life in fatal shooting |publisher=WBAL-TV |date=March 4, 2015 |access-date=December 1, 2015}} Nelson Clifford, Mustafa Eraibi,{{cite news |first=Jessica |last=Anderson |url=https://www.baltimoresun.com/news/crime/bs-md-ci-eraibi-sentenced-20150613-story.html |title=Man sentenced in Canton attack, robbery |work=The Baltimore Sun |date=June 16, 2015 |access-date=December 1, 2015}} and Cornell Harvey.{{cite web|url=http://baltimore.cbslocal.com/2015/06/15/man-found-guilty-of-murdering-toddler|title=Man Found Guilty Of Murdering Toddler|website=Baltimore.cbslocal.com|date=June 15, 2015|access-date=December 1, 2015}}
She created the Criminal Strategies Unit, modeled after a similar unit in the Manhattan District Attorney's Office, to use community assistance to identify and target violent repeat offenders. The Unit utilizes technology, data-analysis, and intelligence-gathering in combination with close relationships with community organizations to identify trends in crime and works with law enforcement to target those who perpetuate these trends.
In response to a 2015 spike in violent crime in Baltimore,{{cite news |first1=Adam |last1=Marton |first2=Greg |last2=Kohn |url=https://www.baltimoresun.com/news/crime/bal-homicides-and-shootings-hit-record-highs-while-arrests-decline-in-baltimore-city-20150528-htmlstory.html |title=Homicides and shootings spike while arrests decline in Baltimore City |work=The Baltimore Sun |date=May 31, 2015 |access-date=December 1, 2015}} Mosby and newly appointed interim Police Commissioner Kevin Davis announced that prosecutors and police officers would co-locate inside of a 24-hour "war room" in which law enforcement would target violent repeat offenders around the clock.{{cite news |first1=Kevin |last1=Rector |first2=Natalie |last2=Sherman |url=https://www.baltimoresun.com/news/crime/bs-md-violence-strategy-20150712-story.html |title=Baltimore police, partners create around-the-clock 'war room' to address crime surge |work=The Baltimore Sun |date=July 12, 2015 |access-date=December 1, 2015}}
== Police officer prosecutions in Freddie Gray case ==
{{main|Killing of Freddie Gray}}
In 2015, Mosby charged six police officers, who had arrested detainee Freddie Gray prior to his death caused by injuries sustained in police custody, with a variety of crimes including second-degree murder and involuntary manslaughter.{{cite news |last1=Calvert|first1=Scott|last2=Palazzolo |first2=Joe |date=April 30, 2015 |title=After Baltimore Riots, Focus Turns to New Prosecutor: City State's Attorney Marilyn Mosby must decide whether to charge police in man's death |work=The Wall Street Journal |url=https://www.wsj.com/articles/after-baltimore-riots-focus-turns-to-new-prosecutor-1430356697|access-date=May 1, 2015}}{{cite web |last=Walsh |first=Michael |date=May 1, 2015 |title=Freddie Gray's death ruled a homicide; six Baltimore officers charged |work=Yahoo News |url=https://news.yahoo.com/freddie-gray-sustained-fatal-head-injury-in-back-of-police-van--report-124521845.html |access-date=May 1, 2015}} David Jaros, an associate professor at the University of Baltimore School of Law, said that Mosby possibly overcharged the officers, while noting this is more typical in criminal cases involving defendants who are not police.{{cite magazine |last=Graham |first=David |date=May 6, 2015 |title=Can the Baltimore Prosecutor Win Her Case? |magazine=The Atlantic |url=https://www.theatlantic.com/politics/archive/2015/05/can-the-baltimore-prosecutor-win-her-case/392489 |access-date=May 7, 2015 |quote=While that's cause for concern, it's also absolutely typical in criminal cases involving defendants who aren't police, Jaros says. |url-status=live |url-access=subscription |archive-url=https://archive.today/20210401234012/https://web.archive.org/web/20150507064318/http://www.theatlantic.com/politics/archive/2015/05/can-the-baltimore-prosecutor-win-her-case/392489/ |archive-date=April 1, 2021}}
Anonymous police department sources were reported by CNN as saying the Baltimore police's investigation did not support some of the charges brought against the officers. According to CNN,
Mosby has good reason to separate her probe from the police. There is widespread community distrust of the police. And many critics say letting police departments investigate themselves is partly why alleged excessive use of force incidents by officers rarely draw serious punishment.
Mosby defended the charges in a statement released through a spokesperson, and condemned the release of information as unethical.{{cite news |last=Perez |first=Evan |date=May 7, 2015 |title=Sources: Baltimore police investigation doesn't support some of prosecution's charges |publisher=CNN |url=http://www.cnn.com/2015/05/06/politics/freddie-gray-baltimore-knife-marilyn-mosby-prosecution |access-date=May 7, 2015}}
In a May 4, 2015 interview on Fox News, Harvard Law Professor Alan Dershowitz said that he believed Mosby overcharged the officers in an attempt to satisfy protesters and prevent further disturbances.{{cite news |url=http://video.foxnews.com/v/4214828955001/justice-or-crowd-control-dershowitz-on-baltimore-charges/?#sp=show-clips |title=Justice or crowd control? Dershowitz on Baltimore charges |publisher=Fox News Channel |access-date=May 6, 2015|date=May 4, 2015}} Former Baltimore Prosecutor Page Croyder wrote an op-ed published by The Baltimore Sun in which she described Mosby's charges as reflecting "either incompetence or an unethical recklessness". Croyder said that Mosby circumvented normal procedures "to step into the national limelight", and that she "pandered to the public", creating an expectation of a conviction.{{cite news |url=http://www.baltimoresun.com/news/opinion/oped/bs-ed-freddie-gray-mosby-20150505-story.html |title=Police charges in Freddie Gray case are incompetent at best |last=Croyder|first=Page|date=May 5, 2015 |work=The Baltimore Sun|access-date=May 7, 2015}} A few days later, Mosby appeared onstage at concert with the musician Prince, after which she was criticized for using the Freddie Gray incident for personal and political gain.{{cite web |url=http://www.cnn.com/2015/05/11/us/baltimore-freddie-gray-mosby-criticism/index.html |title=Marilyn Mosby under fire after appearance at Prince gig |first=Eliott C. |last=McLaughlin |date=May 11, 2015 |publisher=CNN |access-date=July 2, 2016}} The Baltimore Sun reported that Mosby received $12,000 in free travel to speak at events around the nation after the officers were charged.{{cite news |first=Justin |last=Fenton |url=https://www.baltimoresun.com/news/investigations/bs-md-ci-mosby-expenses-20160603-story.html |title=Mosby's newfound popularity made her a sought-after national speaker in 2015 |newspaper=The Baltimore Sun |access-date=July 2, 2016 |date=July 2, 2016}}
When asked to respond to allegations from police that she did not support them, Mosby said the notion was 'absurd', citing her family's history of working in law enforcement.{{cite web |last=Jenkins |first=Griff |date=June 10, 2015 |title=Marilyn Mosby: 'Absurd' to think I don't have police officers' backs |work=Fox News |url=https://www.foxnews.com/transcript/marilyn-mosby-absurd-to-think-i-dont-have-police-officers-backs |access-date=June 11, 2015}} Mosby was also criticized for requesting increased police presence, in the same neighborhood where Gray was arrested, a few weeks prior to the incident.{{cite web |last=Simpson|first=Ian|date=June 10, 2015|title=Baltimore prosecutors had asked police to target Freddie Gray corner: report |work=Reuters |url=https://www.reuters.com/article/us-usa-police-baltimore-idUSKBN0OQ1WT20150610 |access-date=June 11, 2015}}
On May 21, 2015, a grand jury indicted the officers on most of the original charges filed by Mosby, with the exception of charges of illegal imprisonment and false arrest, and added charges of reckless endangerment for all the officers involved.{{Cite news |title=Six Baltimore Officers Indicted in Death of Freddie Gray |url=https://www.nytimes.com/2015/05/22/us/six-baltimore-officers-indicted-in-death-of-freddie-gray.html |newspaper=The New York Times |date=May 21, 2015 |access-date=May 21, 2015 |issn=0362-4331}}
William Porter was the first officer tried; this resulted in a hung jury, and the judge declared a mistrial in December 2015.{{cite news |url=https://www.washingtonpost.com/local/public-safety/freddie-gray-case-jury-enters-day-3-of-deliberations-in-trial-of-william-porter/2015/12/16/19474e3e-a374-11e5-b53d-972e2751f433_story.html |title=Judge declares mistrial in case of officer charged in Freddie Gray death |newspaper=The Washington Post |date=December 16, 2015 |access-date=July 2, 2016}} The Baltimore Sun reported that Porter was within one juror vote of an acquittal on the most serious charge against him.{{cite news |first1=Kevin |last1=Rector |first2=Justin |last2=Fenton |url=https://www.baltimoresun.com/news/crime/bs-md-ci-porter-jury-split-20160115-story.html |title=Jury in Officer Porter trial was one vote from acquittal on most serious charge |newspaper=The Baltimore Sun |access-date=July 2, 2016 |date=January 15, 2016}}
The second trial of the officers ended on May 11, 2016, with Officer Edward Nero being acquitted of all charges.{{cite news |first1=Justin |last1=Fenton |first2=Kevin |last2=Rector |url=https://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-nero-verdict-20160521-story.html |title=Freddie Gray case: Baltimore Police Officer Edward Nero found not guilty of all charges |newspaper=The Baltimore Sun |access-date=July 2, 2016 |date=May 21, 2016}} His acquittal led to criticism from a variety of sources of Mosby for acting too quickly{{cite web |url=https://www.usnews.com/news/us/articles/2016-05-24/freddie-gray-prosecutor-criticized-after-officer-acquittal |title=Did Marilyn Mosby Move Too Fast? |website=US News |access-date=July 2, 2016}} and too aggressively in charging the officers.{{cite web |url=http://www.nydailynews.com/news/national/bratton-marilyn-mosby-overcharged-cops-freddie-gray-death-article-1.2648234 |title=Bratton says Marilyn Mosby overcharged cops in Freddie Gray death |website=New York Daily News |access-date=July 2, 2016}}{{cite web |url=http://www.nationalreview.com/article/435759/freddie-gray-verdict-just-marilyn-mosby-conduct-shameful |title=Justice in Baltimore |website=National Review |date=May 24, 2016 |access-date=July 2, 2016}}
The third trial ended on June 23, 2016; Officer Goodson was acquitted on all counts.{{cite news |url=http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-freddie-gray-mosby-20160623-story.html |title=Outcome of officers' trials could impact prosecutor Marilyn Mosby's political career, observers say |newspaper=The Baltimore Sun |access-date=July 2, 2016 |date=June 23, 2016}} George Washington University Law School professor John F. Banzhaf III then filed a complaint with the Maryland's Attorney Grievance Commission against Mosby, saying she did not have probable cause to charge the six officers, and also that she repeatedly withheld evidence from the officers' defense attorneys.{{cite news |url=http://www.wbal.com/article/173570/2/law-professor-files-complaint-against-mosby |title=Law Professor Files Complaint Against Mosby |work=WBAL (AM)|access-date=July 2, 2016}}{{cite web |url=https://www.abc2news.com/news/region/baltimore-city/george-washington-law-professor-files-complaint-against-marilyn-mosby |title=George Washington law professor files complaint against Marilyn Mosby |date=June 30, 2016 |publisher=Associated Press |access-date=July 2, 2016 |via=abc2news.com |archive-url=https://web.archive.org/web/20160701140400/http://www.abc2news.com/news/region/baltimore-city/george-washington-law-professor-files-complaint-against-marilyn-mosby |archive-date=July 1, 2016| url-status=dead}} Banzhaf also called for Mosby to be disbarred.{{cite news |url=http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-mosby-attorney-grievance-20160629-story.html |title=Activist law professor calls for Mosby disbarment over prosecution in Freddie Gray case |newspaper=The Baltimore Sun |access-date=July 2, 2016}}
Five of the six police officers charged by Mosby sued her for malicious prosecution, defamation, and invasion of privacy.{{cite news |url=http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-ci-mosby-lawsuit-to-proceed-20170106-story.html |title=Freddie Gray case: Judge allows malicious prosecution lawsuit against Mosby to proceed |first=Justin |last=Fenton |newspaper=The Baltimore Sun |access-date=January 11, 2017 |date=January 6, 2017}} The Fourth Circuit Court of Appeals blocked the lawsuit on the grounds that Mosby had immunity from such charges in May 2018, and the U.S. Supreme Court denied the officers' appeal in November 2018.{{cite news |last1=Rector |first1=Kevin |title=Supreme Court denies Baltimore officers' appeal in case against Marilyn Mosby |url=https://www.baltimoresun.com/news/crime/bs-md-ci-scotus-denial-20181113-story.html |access-date=November 9, 2023 |work=The Baltimore Sun |date=November 13, 2018}}
==Community outreach==
Mosby started initiatives to engage the Baltimore community, including:
- Aim to B'More – Begun in the spring of 2015 to provide an alternative to incarceration and a criminal record for first-time, non-violent felony drug offenders. Eligible defendants are granted probation before judgment, and placed on three years of probation. During probation, defendants complete 150 hours of community service, job skills training, and GED testing and/or substance abuse treatment as needed. The Office of the State's Attorney partnered with local employers to secure full-time jobs for program participants following completion of their job skills training. If successful, after three years participants can apply to expunge their records.{{cite web|last=Alejandro|first=Roberto|url=https://www.afro.com/with-aim-to-bmore-program-mosby-looks-to-address-structural-issues-driving-crime|title=With Aim to B'More Program, Mosby Looks to Address Structural Issues Driving Crime|publisher=Afro|date=June 24, 2015|access-date=December 1, 2015}}
- Junior State's Attorney – Launched in the summer of 2015, the program introduces up to 30 promising middle school students each summer to careers in the criminal justice field.{{cite news|url=https://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-mosby-junior-prosecutor-program-20150326-story.html|title=Mosby launches 'junior' prosecutor program for kids|work=The Baltimore Sun|date=March 26, 2015|access-date=December 1, 2015}}
- Community Day in Court – In an effort to rebuild trust and faith in the criminal justice system, Mosby began holding quarterly Community Days in Court, bringing the public and law enforcement together to discuss issues troubling the city.{{cite news |url=https://www.wbal.com/article/114417/21/mosby-discusses-community-day-in-court-event-distrust-of-law-enforcement |title=Mosby Discusses 'Community Day In Court' Eve |publisher=WBAL (AM) |date=April 6, 2015 |access-date=December 1, 2015}}
== IRS tax lien and Inspector General findings ==
In October 2020, a $45,000 federal tax lien was filed against the property of Marilyn Mosby and her husband Nick for three years of unpaid federal taxes (2014, 2015, and 2016). Nick Mosby said he has been "in ongoing conversations with the IRS" about resolving this issue.{{Cite web |date=October 14, 2020 |title=IRS places tax lien against Baltimore prosecutor, lawmaker |url=https://www.lowellsun.com/irs-places-tax-lien-against-baltimore-prosecutor-lawmaker |access-date=October 14, 2020 |website=Lowell Sun |language=en-US}} That November, he said the issue was "settled".{{cite news |title=Nick Mosby says he paid his federal tax lien |url=https://baltimorebrew.com/2020/11/24/nick-mosby-says-he-paid-his-federal-tax-lien/ |access-date=March 22, 2021 |work=Baltimore Brew |language=en-us}}
In addition to criticism of her case against the officers charged in Gray's death, Mosby faced questions about her frequent speaking engagements and private businesses. Though she maintained she did nothing wrong, Mosby asked city Inspector General Isabel Mercedes Cumming to investigate. Cumming found Mosby was out of town for 144 workdays in 2018 and 2019, did not report 15 out-of-town trips to the Board of Estimates, and had used LLCs (that she had falsely claimed were dormant) for tax write-offs.{{cite news |title=Seeking exoneration, Marilyn Mosby instead gets a highly critical report from Baltimore's IG |url=https://baltimorebrew.com/2021/02/09/seeking-exoneration-marilyn-mosby-instead-gets-a-highly-critical-report-from-baltimores-ig/ |access-date=March 22, 2021 |work=Baltimore Brew |language=en-us}} City Solicitor Jim Shea issued his own assessment of Mosby's travel activity, finding that the city's administrative rules on travel reporting by elected officials were unclear, therefore Mosby was not at fault for not reporting her out-of-town travel.{{cite news |last1=Prudente |first1=Tim |title=Baltimore solicitor finds rules unclear on elected official travel, places no fault on State's Attorney Mosby for trips |url=https://www.baltimoresun.com/politics/bs-md-ci-solicitor-opinion-mosby-travels-20210218-5qfn4g63zffttmfr7fggo43fqu-story.html |access-date=March 22, 2021 |date=February 18, 2021 |work=The Baltimore Sun}}
Two days later, it was determined that the lawyers who responded to the Baltimore Inspector General's report (in defense of Mosby) were paid using Mosby's re-election campaign funds, a violation of state law.{{cite news |first=Mark |last=Reutter |title=Marilyn Mosby's lawyers were paid with campaign funds |url=https://baltimorebrew.com/2021/02/16/marilyn-mosbys-lawyers-were-paid-with-campaign-funds/ |access-date=March 22, 2021 |work=Baltimore Brew |language=en-us}} Shortly afterwards, land records revealed Mosby bought two homes in Florida, including a $476,000 condominium.{{cite news |title=Brew exclusive: Marilyn Mosby purchased a $476,000 Florida condominium last month |url=https://baltimorebrew.com/2021/03/21/brew-exclusive-marilyn-mosby-purchased-a-476000-florida-condominium-last-month/ |access-date=March 22, 2021 |work=Baltimore Brew |language=en-us}}
== Attack on free speech and journalists ==
In May 2021, Mosby's office filed a complaint with the Federal Communications Commission (FCC) against Baltimore television station WBFF, which had been critical of Mosby, alleging the station's coverage of her office was "blatantly slanted, dishonest, misleading, racist, and extremely dangerous". The complaint also stated that "We welcome being held accountable, and we support First Amendment freedom of speech." WBFF responded that its journalism was in the public interest, and "While we understand that it's not always popular with the individuals and institutions upon which we are shining a light, we stand by our reporting."{{cite news |last=Carter |first=William |date=May 7, 2021 |title=State's Attorney's Office files FCC complaint against FOX45 News |work=WBAL (AM) |url=https://www.wbal.com/article/513088/3/states-attorneys-office-files-fcc-complaint-against-fox45-news}}
FCC commissioner Brendan Carr characterized Mosby's complaint as, "a chilling and direct attack on free speech and journalistic freedom".{{cite news |last=Zuwarik |first=David |date=May 10, 2021 |title=FCC commissioner blasts call from Mosby's office for investigation of WBFF |url=https://www.baltimoresun.com/opinion/columnists/zurawik/bs-ed-zontv-0510-fcc-reponse-20210510-dpksnlobxrhqxf3khxx3bcg43m-story.html |work=The Baltimore Sun |access-date=May 12, 2021}}
Federal COVID-19 relief perjury and mortgage fraud
On January 13, 2022, Mosby was indicted by a federal grand jury on perjury charges alleging she falsely claimed COVID-19-related financial hardship in requesting one-time withdrawals of $40,000 and $50,000 of her deferred compensation funds under the CARES Act, which describes specific criteria for qualifying withdrawals, such as a reduction of income due to a COVID-related layoff or due to quarantining, whereas she reportedly had continued to draw her full salary throughout the period, and her salary had actually increased. She additionally was accused of making false statements in mortgage applications for her Florida home and condo by failing to disclose her federal tax liabilities.{{cite news |title=Baltimore Prosecutor Marilyn Mosby Indicted on Federal Perjury Charge |url=https://www.wbaltv.com/article/marilyn-mosby-indicted-baltimore/36901609 |access-date=January 13, 2022 |date=January 13, 2022 |work=WBAL-TV |language=en-us}} There were four counts in the indictment.{{cite web |title=United States of America v. Marilyn J. Mosby – Indictment |url=https://www.justice.gov/usao-md/press-release/file/1462856/download |website=Justice.gov |publisher=United States Department of Justice |access-date=February 5, 2022 |date=January 13, 2022}}
On February 4, 2022, Mosby pleaded not guilty to the charges.{{Cite news |url=https://wtop.com/baltimore/2022/02/baltimores-top-prosecutor-pleads-not-guilty-in-federal-case/ |title=Baltimore's top prosecutor pleads not guilty in federal case |date=February 4, 2022 |access-date=February 5, 2022 |work=WTOP-FM |agency=Associated Press}} Her trial was scheduled to begin in March 2023, but in January, her defense team of six attorneys, who had taken the case pro bono,{{Cite news |last=Hellgren |first=Mike |date=2023-01-27 |title=Judge finds Marilyn Mosby indigent, allows entire defense team to withdraw |work=CBS Baltimore |url=https://www.cbsnews.com/baltimore/news/judge-allows-marilyn-mosbys-attorneys-to-withdraw-from-federal-perjury-fraud-case/ |access-date=2024-02-14 |language=en-US}} were permitted to withdraw after being accused of violating court rules, which resulted in further delays.{{cite news |url=https://www.wbaltv.com/article/marilyn-mosby-new-trial-date-october-judge-approved/43099751 |title=Judge sets new trial dates for Marilyn Mosby; Jury selection to begin on Halloween |work=WBAL-TV |date=27 February 2023 |accessdate=1 March 2022}}{{Cite news |url=https://apnews.com/article/maryland-state-government-covid-marilyn-mosby-fraud-baltimore-d4f5184a37307509db3972b262674405 |title= Baltimore ex-prosecutor's perjury trial faces more delays |date=January 27, 2023 |access-date=February 4, 2023 |work=AP News}} The lawyers' withdrawals stemmed from the possible criminal contempt charges facing lead defense attorney A. Scott Bolden for his conduct, including cursing on the courthouse steps and releasing secret jury information.
Despite having been employed as Baltimore's top prosecutor for the prior eight years, Mosby was declared indigent (too impoverished to pay for her own defense) in January 2023 and a public defender, attorney Maggie Grace, was assigned to represent her.{{cite web | url=https://foxbaltimore.com/amp/news/local/marilyn-mosbys-legal-team-allowed-to-withdraw-declared-indigent-gets-public-defender-a-scott-bolden-gary-edward-proctor-rizwan-a-qureshi-kelley-miller-anthony-r-todd-lucius-outlaw | title=Marilyn Mosby's legal team allowed to withdraw; declared indigent, gets public defender}}{{Cite news |last=Hellgren |first=Mike |date=2023-11-06 |title=Marilyn Mosby's lawyer tells jury 'she's innocent' as prosecutors allege she lied for COVID relief |work=CBS Baltimore |url=https://www.cbsnews.com/baltimore/news/marilyn-mosby-baltimore-states-attorney-perjury-trial/ |access-date=2024-02-13 |language=en-US}}
= Trials, convictions, and sentencing =
Mosby's perjury trial resulted in conviction on two counts on November 9, 2023. She faced five years in federal prison on each count at sentencing. On February 6, 2024, Mosby was also convicted on one count of making a false statement on a mortgage application in a split verdict, which found her not guilty on a second mortgage fraud charge.{{Cite web |date=2024-02-07 |title=Marilyn Mosby, former top prosecutor for Baltimore, convicted of mortgage fraud |url=https://www.nbcnews.com/news/us-news/marilyn-mosby-former-top-prosecutor-baltimore-convicted-mortgage-fraud-rcna137646 |access-date=2024-02-10 |website=NBC News |language=en}} During the cross-examination of Marilyn Mosby's former husband, Nick Mosby, said his then-wife was unfairly targeted by investigators. His statements contradicted evidence already heard by the court. The judge admonished Nick Mosby for his deceptive testimony and told the jury to disregard his comments, then had them stricken from the record.{{Cite news |first=Kate |last=Amara |date=2024-01-30 |title=Nick Mosby contradicts evidence during cross-examination |url=https://www.wbal.com/nick-mosby-contradicts-evidence-during-cross-examination-mostly-responding-i-do-not-recall/ |access-date=2024-02-11 |work=WBAL (AM) |language=en-US}}
In February 2024, Mosby's defense counsel filed a motion to acquit, contending that the mortgage fraud did not happen in Maryland and claimed the government brought the case in the wrong venue.{{Cite news |last=Hellgren |first=Mike |date=2024-02-07 |title=Marilyn Mosby faces prison time in May sentencing as ex-husband Nick Mosby faces reelection challenges |work=CBS Baltimore |url=https://www.cbsnews.com/baltimore/news/marilyn-mosby-faces-prison-time-in-may-sentencing-as-ex-husband-nick-mosby-faces-reelection-challenges/ |access-date=2024-02-10 |language=en-US}}
Mosby's lawyer then alleged that a court security officer had made "inappropriate, derogatory comments" about Mosby during her mortgage fraud trial,{{Cite news |first=Cassidy |last=Jensen |date=2024-02-07 |title=Federal courthouse officer made derogatory comments about Marilyn Mosby during trial, unsealed letter says |url=https://www.baltimoresun.com/2024/02/07/federal-court-officer-made-derogatory-comments-about-marilyn-mosby-in-courthouse-during-trial-unsealed-letter-says/ |access-date=2024-02-11 |newspaper=The Baltimore Sun |language=en-US}} and asked the court to provide information about whether jurors had entered the courthouse that day through the same public security check-in area.
Mosby faced up to 40 years of incarceration for her guilty verdicts if her appeals were not granted.{{Cite news |last=Richardson |first=Valerie |date=February 12, 2024 |title=Breaking the law: Prosecutors get firsthand look from other side of court |url=https://www.washingtontimes.com/news/2024/feb/12/das-breaking-bad-marilyn-mosbys-conviction-shines-/ |access-date=February 15, 2024 |work=The Washington Times}} On February 16, 2024, the judge overseeing the case upheld Marilyn Mosby's mortgage fraud conviction{{snd}} rejecting her defense motion to acquit due to venue. Mosby was ordered to surrender her passport ahead of sentencing.{{Cite web |last1=Thompson |first1=Adam |last2=Hellgren |first2=Mike |last3=Olaniran |first3=Christian |last4=Kawata |first4=Amy |date=2024-02-16 |title=Judge upholds Marilyn Mosby's mortgage fraud conviction, orders her to surrender passport |work=CBS Baltimore |url=https://www.cbsnews.com/baltimore/news/judge-set-to-hear-arguments-on-marilyn-mosbys-motion-to-acquit-her-in-mortgage-fraud-case/ |access-date=2024-02-17 |language=en-US}} According to media reports, prior to the hearing, supporters arrived by bus and packed the courtroom and prayed as Mosby entered the building.
In May 2024, ahead of her sentencing, Mosby appeared for an interview on MSNBC's The ReidOut, where she declared her innocence and called on President Joe Biden to pardon her, asserting that she had been "politically targeted" and that the proceedings had broken her psychologically, professionally, spiritually, and financially.{{cite news |last1=Segelbaum |first1=Dylan |title=Ex-Baltimore State's Attorney Marilyn Mosby says she's done 'absolutely nothing wrong' |url=https://www.thebaltimorebanner.com/community/criminal-justice/marilyn-mosby-interview-joy-reid-msnbc-sentencing-federal-court-IUN2G72NEJBJVP3AYZHJMYASW4/ |access-date=May 2, 2024 |work=The Baltimore Banner |date=May 2, 2024 |language=en}}
On May 23, 2024, Mosby was "spared prison for mortgage fraud and perjury" and instead, sentenced to 12 months of home confinement, 100 hours of community service, and three years of supervised release in connection with her perjury and mortgage fraud convictions.{{Cite web |date=2024-05-23 |title=Baltimore's former top prosecutor spared prison for mortgage fraud and perjury |url=https://apnews.com/article/marilyn-mosby-baltimore-prosecutor-sentencing-8f2419edd3ff404cdf24434777e6eefe |access-date=2024-05-24 |website=AP News |language=en}}
Disbarment
The Maryland Bar Counsel is seeking to suspend Mosby's law license and confiscate her Longboat Key, Florida properties which were the subject of her criminal fraud conviction (but not her federal perjury convictions).{{Cite news |last=Prairie |first=Cynthia |date=2024-02-07 |title=State Roundup: Mosby found guilty on one count of mortgage fraud; Gov. Moore says he'll sign bill end 'diminution credits' for some inmates |url=https://marylandreporter.com/2024/02/07/state-roundup-mosby-found-guilty-on-one-count-of-mortgage-fraud-gov-moore-says-hell-sign-bill-end-diminution-credits-for-some-inmates/ |access-date=2024-02-11 |work=MarylandReporter.com |language=en-US}}
Personal life
In 2005 James married Nick Mosby, the former president of the Baltimore City Council.{{cite web |title=Nick J. Mosby, President, Baltimore City Council |website=Maryland Manual On-Line |publisher=Maryland State Archives |access-date=September 30, 2023 |date=July 12, 2023 |url=https://msa.maryland.gov/msa/mdmanual/36loc/bcity/leg/html/msa15836.html |url-status=live |archive-url=https://web.archive.org/web/20230321044902/https://msa.maryland.gov/msa/mdmanual/36loc/bcity/leg/html/msa15836.html |archive-date=March 21, 2023}} They have two daughters. On July 21, 2023, the Mosbys filed for divorce.{{cite news |last1=Sullivan |first1=Emily |title=Former Baltimore State's Attorney Marilyn Mosby files for divorce from City Council President Nick Mosby |url=https://www.thebaltimorebanner.com/politics-power/local-government/marilyn-nick-mosby-divorce-KJ2YBYDJAZCJ7NFOHQ7LPBANEA/ |access-date=July 21, 2023 |work=Baltimore Banner |date=July 21, 2023}}{{cite news |last1=Jensen |first1=Cassidy |last2=Costello |first2=Darcy |last3=McCauley |first3=Mary Carole |title=Former Baltimore State's Attorney Marilyn Mosby files for 'limited divorce' from Nick Mosby, City Council president |url=https://www.baltimoresun.com/2023/07/21/former-baltimore-states-attorney-marilyn-mosby-files-for-limited-divorce-from-nick-mosby-city-council-president/ |access-date=January 24, 2024 |work=The Baltimore Sun |date=July 21, 2023 |url-status=live |url-access=subscription |archive-url=https://web.archive.org/web/20240120043755/https://www.baltimoresun.com/2023/07/21/former-baltimore-states-attorney-marilyn-mosby-files-for-limited-divorce-from-nick-mosby-city-council-president/ |archive-date=January 20, 2024 |quote=...filed for "a limited divorce" — essentially a legal separation...}}
References
{{Reflist}}
Citations
{{refbegin}}
- {{cite news|url=http://issuu.com/afronewspaper/docs/baltimore_afro-american_newspaper_n_e1466f8884fa82/1|title=Hogan Beats Brown|last=Alejandro|first=Roberto|date=November 8, 2014|work=The Baltimore Afro-American|pages=A1, A3}}
{{refend}}
External links
- [https://stattorney.org/office/meet-marilyn-mosby Marilyn Mosby] on the Baltimore City State's Attorney's Office's official website
- {{C-SPAN|109097}}
{{DEFAULTSORT:Mosby, Marilyn}}
Category:Lawyers from Baltimore
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Category:People from Dorchester, Boston
Category:State's attorneys in Maryland
Category:Killing of Freddie Gray
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Category:Tuskegee University alumni
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Category:Maryland politicians convicted of crimes