Posted on 05/23/24
| News Source: WBAL TV
Mosby, 44, decided not to speak before the sentence was delivered.
U.S. District Court Judge Lydia Kay Griggsby said the defense's calculation of 12-18 months "is not appropriate in this case." She factored into her sentencing decision, speaking to Mosby, "the findings of two juries that you did something wrong ... breached a public trust ... that is very difficult to restore."
The judge said evidence has shown a pattern of dishonesty, and that there are victims, though "not in the traditional sense."
"You have an absolute right to maintain your innocence ... and should not be punished in any way for doing so," Griggsby told Mosby in court.
The judge said the fact that Mosby is a mother of two daughters weighed heavily on the court.
Mosby could have faced up to 40 years in federal prison at sentencing Thursday. Defense attorneys had pushed for Mosby to serve no prison time while the federal government sought a 20-month prison sentence followed by five years of probation.
Prosecutors said their sentencing framework sends an argument of deterrence and respect for the law. The defense argued Mosby's convictions are for victimless and non-violent crimes.
Then, the court heard from more than a dozen defense character witnesses during a sentencing hearing Thursday at federal court in Greenbelt. Mosby's siblings asked for mercy and leniency while her former colleagues called her brave.
Among the witnesses included well-known Baltimore attorney J. Wyndal Gordon, who said, in part: "Shakespeare could not have written a more tragic tale ... I haven't seen this type of suffering since I read the story of Job in the Bible."
Michael Schatzow, a former chief deputy under Mosby during her tenure as Baltimore City state's attorney, told the court Mosby tried to reform a "largely dysfunctional criminal justice system." He asked the judge for leniency for Mosby.
"She suffered more than any person I know," said Zy Richardson, who was the spokeswoman for the state's attorney's office under Mosby's tenure. "She is not deserving of prison time ... She is fragile, in pain and a human being."
Civil rights attorney Ben Crump said incarceration would send a harmful message to the civil rights community.
Crump read a statement to reporters outside court before he delivered remarks to the judge, saying, in part: "To sentence her to prison being convicted for minor, non-violent offenses with no victims would be a grave injustice and it would magnify the trauma of her two beautiful daughters. The crux of the matter is (this is) ... a minor white-collar crime in which many others have been convicted of and sentenced to ... a slap on the wrist."
Mosby's attorney, Jim Wyda, told the court he wanted to keep the focus on Mosby's character, saying that while some of the speakers talked about public perception, those are valid concerns in the community.
"Ms. Mosby maintains her innocence," Wyda told the court. Wyda said Mosby is appealing the conviction. Wyda said this is not public corruption, it had to do with private finances and that there is no victim and no financial loss. He called this an unprecedented case.
Griggsby questioned Assistant U.S. Attorney Sean Delaney, asking: "Are there victims and who are they?"
"All citizens are victims when public officials lie and find the truth not to be important," Delaney said. "This is a sad day for the city of Baltimore and the participants involved. No one is enthusiastic about the government's request. It's just what we have to do."
Delaney denied claims by Mosby's supporters that she is a victim of selective prosecution, and said she has repeatedly lied about the case and prosecutors' handling of it.
"These lies demonstrate that Marilyn Mosby is unremorseful, that she has no regard for the truth," Delaney said.
As Mosby has maintained her innocence, she appeared on MSNBC to lambast prosecutors and support a push for a presidential pardon, an idea that has support from prominent civil rights leaders and groups.
After witness and attorney statements concluded, the judge said Mosby's lack of contrition weighed heavily on the court's mind when it comes to deciding the sentence and that lack of contrition has nothing to do with maintaining innocence.
In her response, the judge said, in part: "The part about lack of contrition weighs heavy on this court."
Griggsby told the court, in part: "This court does not view maintaining innocence" as lack of contrition. The judge said she's concerned about Mosby's "conduct that shows disrespect for the law, disregard for the verdicts of two juries and a disregard for the judicial process."
Wyda said Mosby should have the right to be steadfast in her innocence without it being used against her.
"We're allowed to protest how the justice system handles us, and the justice system has to be tough enough to take it," Wyda said.
The prosecution said its doesn't have a problem with Mosby maintaining her innocence. Delaney said he has a problem with lies Mosby has made publicly about the case and how it has played out.
"Mosby's statements shows she has not been deterred," Delaney said.
Dozens of Mosby's supporters, including her ex-husband, told 11 News that they gathered outside the courthouse because Marilyn Mosby means so much to the community. Many said they relate to Mosby and they held a prayer service, asking for divine mercy and justice for her.
"We left from New Shiloh Church to come here. We left at 7:30 this morning. This is not the first bus to come through here, and we are going to stick through it," said Lady B, a Mosby supporter.
"The people are giving her a lot of affection because, right now, she needs it," said Maxine Shortridge, a Mosby supporter.
"I'm here because I can identify with Marilyn's plight as a woman, as a mother, as a businessperson," said Denise Parker, a Mosby supporter.
Mosby supporters and curious others who also had business at the courthouse crowded around every news conference denouncing her convictions.
The crowd also included Keith Davis, who was prosecuted by Mosby but was set free after standing trial four times for the 2015 killing of a Pimlico security guard that he said he didn't commit. Charges were dismissed in January 2023 under new Baltimore City State's Attorney Ivan Bates.
Davis took the high road, commenting about the Mosby sentencing. His wife, Kelly Davis, was not so forgiving.
"Marilyn Mosby has demonstrated time and time again that she cannot be honest and she consistently misrepresents the facts," Kelly Davis said.
The investigation started at Mosby's request in 2020 to the Baltimore's Inspector General's Office, which ultimately concluded there might be criminal wrongdoing and turned the findings over to federal officials.
Mosby was indicted in January 2022 on perjury and mortgage fraud charges, which went to trial separately on allegations she lied about a COVID-19 financial hardship to access restricted retirement funds in order to buy two Florida vacation homes and then lying on loan paperwork to lock in a better rate.
After 20 months of legal wrangling, delays and postponements, as well as Mosby's first defense team dropping out, a jury found Mosby guilty on both counts of perjury in November 2023. A jury returned a split verdict in February, finding Mosby guilty of one count of mortgage fraud.