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Unsealed filing shows details of discovery disputes in Mosby case

Baltimore City State’s Attorney Marilyn Mosby, accompanied by her husband, City Council President Nick Mosby, to her right, outside the federal courthouse prior to an April 14, 2022, hearing. (The Daily Record/Madeleine O’Neill)

Newly unsealed filings in the case against Baltimore State’s Attorney Marilyn Mosby show a protracted dispute over discovery materials, including recorded phone calls between Mosby and the company that manages her city retirement account.

The filings are now available to the public because The Daily Record and other Baltimore news organizations filed a motion to unseal records in Mosby’s criminal case.

U.S. District Judge Lydia Kay Griggsby on Thursday denied the news organizations’ motion to unseal one document, which Mosby objected to opening, but ordered a series of exhibits unsealed after Mosby agreed they could be made public.

Those exhibits include a series of letters between Mosby’s defense lawyers and federal prosecutors over the disclosure of discovery information. In one letter, the defense team asks the government to turn over recordings of phone calls between Mosby and Nationwide, the company that handles deferred compensation plans for city employees.

The indictment against Mosby alleges that she falsely claimed she had suffered financially during the COVID-19 pandemic in order to withdraw money from her retirement account.

The Baltimore Sun first reported on the existence of the recorded phone calls in March. In Thursday’s unsealed filing, Mosby’s lawyer, A. Scott Bolden, claims there are “several additional phone calls between State’s Attorney Mosby and Nationwide that are exculpatory in nature and that were not included in the Government’s production.”

Click this image to see the filing.

Click this image to see the filing.

Bolden also asked the government to explain why it had not turned over evidence from its interviews with a number of people that federal investigators spoke with, donors to Marilyn Mosby’s campaigns, several of Mosby’s former employers and several former employees of both Marilyn Mosby and her husband, City Council President Nick Mosby.

Federal prosecutors did turn over a recording of an interview with Nick Mosby, according to the unsealed documents.

Nick Mosby’s campaign treasurer, Carlton Saunders, was also interviewed, according to the letter, as were several pastors of Baltimore churches, Marilyn Mosby’s hairdresser and the dance instructor of the Mosbys’ children.

The defense also requested any written or verbal statements made by Marilyn Mosby to investigators. In its response, the government identified the Nationwide recordings and three other pieces of evidence, which are identified only by number — a disclosure that suggests the government may have multiple verbal or written statements from Mosby.

Another filing in Mosby’s case will remain sealed after Griggsby ruled Thursday that information contained in the document could harm Mosby’s right to a fair trial.

“There is a compelling interest served by keeping this information confidential, because the public release of this information could reveal the Defendant’s litigation strategy or otherwise jeopardize her defense,” Griggsby wrote in an order issued Thursday.

Griggsby also found that redacting the document, instead of sealing it entirely, was “not feasible, given its substance and the Defendant’s compelling Sixth Amendment interest.”

The judge’s ruling, which came in response to a motion to unseal from The Daily Record, The Baltimore Sun and The Baltimore Banner, provides little additional information about the still-sealed record.

Mosby faces two counts of perjury related to the retirement account allegations and two counts of making false statements on loan applications. She is accused of failing to disclose a $45,000 IRS lien when she applied for mortgages on two properties in Florida, and of making various false statements in order to secure favorable interest rates.

Mosby has pleaded not guilty and is set to face trial in September.