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Late expert disclosures could force delay in Mosby’s trial, prosecutors say

Baltimore City State’s Attorney Marilyn Mosby leaves the courthouse on Sept. 7 after a pretrial hearing. (The Daily Record /Madeleine O’Neill)

Federal prosecutors have filed a last-minute appeal to exclude a series of expert opinions proposed by the defense for Baltimore City State’s Attorney Marilyn Mosby’s upcoming trial.

If the testimony is not excluded, the government wrote in a filing Tuesday, the trial may need to be delayed so prosecutors can find their own experts to rebut the defense’s.

The new filing blames the problem on “deliberately late filed expert disclosures” from the defense. Mosby’s trial is set to begin Monday in U.S. District Court in Baltimore if it is not delayed.

Much of the trial is likely to hinge on whether Mosby suffered a financial hardship related to the COVID-19 pandemic, which was a requirement in order to withdraw money from her city retirement account. Mosby is accused of lying about suffering a financial hardship when she made two withdrawals totaling $90,000 from her retirement account in 2020.

In Tuesday’s filing, prosecutors claimed that they just learned of the opinions that Mosby’s experts will present in court if called to testify. One of those witnesses, a forensic accountant named Jerome Schmitt, is expected to testify about COVID-19’s impact on the stock market and on Mosby’s investments.

Schmitt would also testify about “the ability of an early-stage travel-related company, like Mahogany Elite Enterprises, LLC, to generate revenue in 2020 after the COVID-19 pandemic began.”

Mahogany Elite Enterprises is one of three personal businesses that Mosby set up in 2019. She claimed repeatedly that those companies were inoperable in a series of statements that prosecutors are also seeking to introduce at her trial.

But now her defense appears likely to claim that Mahogany Elite Enterprises, a travel company, suffered losses because of the COVID-19 pandemic.

Prosecutors plan to highlight the discrepancy at trial and have subpoenaed attorneys who worked with Mosby when she crafted statements denying that Mahogany Elite Enterprises was operational, including in letters sent to the Baltimore City Inspector General during an investigation into Mosby’s travel and personal businesses.

Mosby faces two counts each of perjury and making false statements on mortgage applications. In addition to the COVID-19 retirement withdrawals, Mosby is accused of failing to disclose a $45,000 IRS lien and making other false statements when applied for mortgages on two Florida vacation properties.