Greenbelt, Maryland – Former Baltimore City State’s Attorney Marilyn Mosby’s federal mortgage trial is set to begin on Tuesday with jury selection. Mosby is facing accusations of lying on mortgage applications for two vacation homes in Florida to obtain a lower interest rate. The trial will commence with opening statements on Thursday, January 18. This comes after Mosby was found guilty of perjury in a separate case last November.
Earlier this month, a judge made some important decisions regarding the upcoming mortgage fraud trial. Mosby’s defense argued that the banks did not alter the loan terms after discovering the alleged deception. However, the judge ruled against Mosby’s defense, disallowing past statements claiming unawareness of a tax lien and placing the blame on her ex-husband, Baltimore City Council President Nick Mosby.
Nick Mosby is also expected to be a potential witness in the trial. The defense team asserts that jurors should hear statements indicating that the tax lien issue was Nick’s responsibility. However, the judge questioned the relevance of these statements to the fraud case and refused to include them unless additional context is provided.
The defense faced another setback as part of a conversation where Marilyn Mosby expressed anger upon learning about the tax lien and believed her husband had taken care of it. The judge ruled that more context is needed before this conversation can be presented to the jurors. However, the defense scored a victory when the judge ruled that the prosecution cannot mention Mosby’s recent perjury conviction, as it may prejudice the jury.
In terms of evidence, the government can introduce information about Mosby’s financial situation to establish her intent. They can also mention that she withdrew retirement funds under the CARES Act to purchase the homes. If Mosby takes the stand, the government can question her credibility by bringing up her perjury conviction.
However, the judge prohibited prosecutors from referring to Mosby’s vacation properties as “luxury properties” and revealing that she sold one property at a profit. Nonetheless, they are allowed to show pictures of the homes and describe them. As the trial proceeds, Mosby will not be sentenced for her perjury conviction until the mortgage fraud trial concludes.
Mosby left the courtroom without commenting on the trial. Adam Thompson, a CBS News author, reported on this story.