Jury rules for Mosby in lawsuit over prosecutor’s firing

Jurors deliberated for less than 30 minutes Friday afternoon before deciding that Baltimore City State’s Attorney Marilyn J. Mosby did not unlawfully fire a prosecutor in 2015 based on her political support for Mosby’s opponent.

Plaintiff Keri L. Borzilleri, who had more than nine years of experience with the office, alleged Mosby fired her in 2015 because she supported incumbent Gregg Bernstein when Mosby challenged him in the 2014 Democratic primary. Borzilleri claimed this was a violation of her state constitutional right to free speech.

The verdict sheet, as explained by Assistant Attorney General Wendy Shiff in closing arguments, asks jurors if they found by the preponderance of the evidence that Mosby’s decision was wholly or substantially based on Borzilleri’s political support.

The jury answered in the negative and thus did not have to respond to the additional questions on the form. The parties and their attorneys declined to comment after the verdict.

Borzilleri, who at the time of her firing was less than a year away from being vested in a pension with the city, was seeking back pay, payment of therapy bills and $150,000 in noneconomic damages.

Borzilleri and Mosby both testified to a cordial working relationship when they were fellow assistant state’s attorneys. Borzilleri said Mosby’s attitude changed during the campaign, when Borzilleri said Mosby “glared” at her or ignored her at events where Borzilleri was in attendance with Bernstein.

Mosby denied glaring at Borzilleri and also denied an allegation by another former prosecutor, Syeetah Hampton-El, who testified Wednesday that Mosby made a “throat-slitting motion” toward her at an event Hampton-El attended with Bernstein.

Mosby testified that she did not know who Borzilleri supported in the primary and that her reasons for firing Borzilleri were based on observations of her treatment of victims and witnesses when the two were prosecutors together around 2007 and 2008.

Shiff told jurors that Mosby had the right to fire Borzilleri for any reason or for no reason at all as long as it was not unlawful. Firing Borzilleri because of Mosby’s recollection of conduct dating back years was permissible even if jurors disagreed with that rationale.

“It may not be a good reason, in your opinion, but it’s a lawful reason,” Shiff said.

Stacey K. Grigsby, one of Borzilleri’s attorneys, told the jurors that the reasons Mosby provided were a pretext.

Borzilleri’s lawsuit against Mosby began in federal court in 2015. A U.S. District Court judge dismissed her First Amendment claims and the dismissal was affirmed by the 4th U.S. Circuit Court of Appeals in 2017. Borzilleri then filed suit on her state law claims in Baltimore City Circuit Court in 2018.

Borzilleri was represented by attorneys from Boies Schiller Flexner LLP in Washington. Grigsby declined to comment Friday.

The case is Keri L. Borzilleri v. Marilyn J. Mosby et al., 24C18000010.