Posted on 11/13/24
| News Source: FOX45
Baltimore, MD - Nov. 13, 2024 - A federal judge has denied, for a second time, Marilyn Mosby’s request to modify her home detention.
Judge Lydia Kay Griggsby denied Mosby’s request to replace home detention with a curfew due to questions surrounding the former top prosecutor's job. Mosby and her defense team previously told the court and her probation agent that she had been hired to serve as the Director of Global Strategic Planning at an undisclosed California-based company. Although the company is headquartered in California, Mosby will be based in Maryland.
“It’s not clear to the Court that the Defendant’s new position satisfies the conditions of her supervision,” court documents say.
Judge Griggsby said Mosby has yet to provide the U.S. Probation Office with proof of income of her new position as well.
“The United States Probation Office informs the Court that it is currently ‘unable to confirm that the [Defendant's new] position is lawful or legitimate," Judge Griggsby wrote in the latest filing.
Mosby submitted the request at the end of October. Her first request was denied weeks earlier. At the time, Judge Griggsby said the defense didn’t provide enough information about the role and duties of Mosby’s new position.
According to her defense, this new position "will require routine travel to varying locations throughout Maryland." However, Judge Griggsby also said Mosby has not shown that her request to modify the terms of her release is necessary; Mosby's current conditions allow her to leave her residence for employment purposes, Judge Griggsby added.
"The Defendant has not, however, provided the Court with any facts to show that she is unable to effectively perform her work duties without that modification," Judge Griggsby wrote.
In late October, Mosby's probation agent also field a 12A Report with the federal court, indicating Mosby may have violated the terms of her release in some way. In the latest filings, Judge Griggsby notes that Mosby's probation agent told the Court that Mosby "failed to advise" her agent "of a change in her schedule and to request an adjustment in her travel schedule during business hours." Mosby's defense team indicated that there was a change in Mosby's daughter's soccer game, which is why she requested the travel adjustment.
"The Defendant's decline in adjustment to supervision is concerning to this Court," Judge Griggsby wrote.
If Mosby's compliance with supervision improves, and she provides more information about her job and responsibilities, another request for modifications to her sentencing may be appropriate, Judge Griggbsy said.
In early February, Mosby was convicted of one count of making a false mortgage application statement following a years-long legal saga. A federal jury previously convicted Mosby on two counts of perjury stemming from her withdrawals of retirement funds, citing a COVID-related financial hardship; at the time, Mosby was Baltimore City's top prosecutor and made more money in 2020 - the year she claimed financial hardship - than she did in 2019. In May 2024, Mosby was sentenced to 12 months of home confinement, with electronic monitoring.