Mosby's Defense Files Second Request To Replace Her Home Detention With A Curfew

By FOX45
Posted on 10/31/24 | News Source: FOX45

Baltimore, MD - Oct. 31, 2024  - Marilyn Mosby's defense is again asking Judge Lydia Kay Griggsby to replace her home detention with a curfew, outlining why they believe her job security requires more flexibility.

The former Baltimore City's State Attorney latest plea with the court came in light of her new job offer to serve as Director of Global Strategic Planning at an undisclosed California-based company. While the enterprise is headquartered in California, Mosby will be stationed in Maryland. According to her defense, this new position "will require routine travel to varying locations throughout Maryland."

Her first request was denied earlier in October.Judge Griggsby, who is change of the case, said the defense did not provide enough details about the role and duties of Mosby's new position.

Rachel Snyder, Mosby's probation officer, asked the defendant to provide specific information about her new role and employer, such as a description of what the company does, a list of all the non-profit agencies, and who are the stakeholders that Mosby will interact with.

According to Mosby's attorney, such stakeholders may include facility managers, politicians, State Department representatives, and community leaders. Mosby could leverage some of the connections she made while service as Baltimore City's State's Attorney to expand the network of her new employer, her attorneys wrote in the latest filings.

Mosby's probation requires her to provide a schedule of every time she plans to leave her residency. However, Mosby's defense argued that her schedule "depends on the weekly expectations of her employer and the need to flexibly coordinate her schedule with that of various stakeholders."

"Ms. Mosby clarified that she doesn't have a set routine, as her role may involve meeting with the Department of Health one day, a city council member the next, or visiting potential facilities thereafter," Mosby's attorney wrote.

Jim Wyda, Mosby's attorney and a federal public defender, argued Judge Griggsby should grant the latest request for curfew to allow Mosby to effectively do her job.

Without such an order, her job, and in turn, her livelihood, are in jeopardy, Wyda wrote.

On Oct. 22, Snyder filed a “12A Offender Under Supervision Report." The contents of the report are sealed. Jeremy Eldridge, a Baltimore-area defense attorney not affiliated with this case, said the 12A form "99% of the time" is not a good thing for the defendant, "because it is normally alleging some level of misconduct while on the court supervision."

Mosby's defense revealed that the violation which prompted the 12A Offender Under Supervision Report is related to an adjustment to her travel schedule based on an unexpected change in her daughter’s soccer schedule. The game, which was supposed to happen at 3:45 p.m., got moved up to 2 p.m.

"Ms. Mosby promptly notified Ms. Snyder as soon as she learned of the change. Yet, because Ms. Mosby made this travel request outside of business hours, Ms. Snyder threatened Ms. Mosby that 'this is considered a failure to comply with directives related to your location monitoring,'" Mosby's defense wrote in the latest court filings. "It goes without saying that merely requesting a change in schedule cannot possibly be a violation of one’s supervised release conditions in any reasonable world. Yet, this is the current reality Ms. Mosby faces with Probation."

Mosby was convicted on two federal counts of perjury and one count of federal mortgage fraud following two trials ending in early 2024. The convictions came after a years-long legal saga that started with her federal indictment while she served as the top prosecutor in Baltimore City. She began her 12-month home detention sentence in June.