In article <uijuv1$2fa80$6@dont-email.me>

GREENBELT, Md. —
Marilyn Mosby did not testify in her federal perjury trial as the
defense rested its case Wednesday morning and both sides delivered
closing arguments hours later.

The former Baltimore City state's attorney was indicted in January
2022 on perjury and mortgage fraud charges, which are going to trial
separately. Mosby is accused of lying about a COVID-19 financial
hardship so she could illegally make an early $90,000 withdrawal
from a city retirement account that was used to buy two homes in
Florida.

Opening statements were presented Monday, and the government's first
witnesses testified. On Tuesday, the government said Mosby knew what
she was doing before resting its case. The defense said Mosby did
what she believed was right, and called three witnesses to testify.

"The evidence shows that she twice committed perjury in accessing
funds that were solely the property of the city of Baltimore for the
purpose of her own private gain," Zelinsky told the jury. "When the
world was suffering, Ms. Mosby took advantage ... to purchase $1
million worth of Florida vacation homes."

Zelinsky closed with an appeal for jurors to deliberate with common
sense and return a verdict of guilty on both counts, saying Mosby's
travel business "produced no income, it had no customers, no emails,
no vendors, no notes, no business plan. Use your common sense. Does
that sound like an open and operable business to you? No, it doesn’t
.... because it wasn't."

Zelinsky pointed jurors to the financial documents and details
entered into evidence that included Mosby's public vows not to
operate the business while in office, an ethics form stating she
didn't own any business, but she then wrote off business expenses on
her tax returns.

Mosby's lead attorney, federal public defender James Wyda, bookended
the defense's closing argument with a theme used throughout trial.

"This case is about a three-page form and what was in Marilyn
Mosby's mind when she filled it out. The government spent time on
things that don't matter," Wyda said. "Marilyn Mosby established the
business, put money into it and was working to make it profitable in
2020. She qualified and she reasonably believed she qualified. She
is innocent."

Wyda said Mosby told the truth when she completed certified
paperwork stating that the COVID-19 pandemic harmed her business.

"She lost money and future profits because COVID devastated her
business," Wyda said.

The case may just come down to whether jurors believe, as Wyda put
it, whether "Mahogany Elite Enterprises was real." The defense
answers yes and the government says no, while both claim the
evidence is on their side.

The jury was released around 4:45 p.m. and told to return Thursday
morning to begin deliberations.

Mosby did not respond to questions Tuesday as she emerged from U.S.
District Court in Greenbelt during the lunchtime recess.

Fourth defense witness would have been Mosby herself
Earlier Wednesday morning in court, the defense said it was not
prepared to decide on whether Mosby would testify based on "some
radical" ideas from the prosecution on where cross-examination might
go. Wyda said he was concerned cross-examination would include
questions about Mosby's Florida properties and tax irregularities.

"Ms. Mosby has been investigated for years for tax charges. No
charges have been brought," Wyda said.

The prosecution said it was "disappointed ... by this delay tactic,"
saying the government owes the defense "no heads up" about cross-
examination. "The defense doesn't get those questions in advance."

"The time is now for Ms. Mosby to decide if she wants to take the
stand," prosecutor Aaron Zelinsky said. "This is a waste of this
court's time ... and backed up with no briefing, no motions and no
evidence. Ms. Mosby is not legally entitled to information about the
government's cross-examination."

During court arguments on Tuesday, federal prosecutors warned Mosby
that if she testifies, she's opening herself up to questions on
issues surrounding her contempt finding, charitable donations and
tax deductions, which undermine her credibility.

After a brief recess for defense attorneys to confer, it was
announced that Mosby would not testify.

Mosby said exactly nine words on the record, which came during the
third day of her trial and while the jurors were not in the
courtroom.

https://www.wbaltv.com/article/marilyn-mosby-perjury-trial-day-3-
closing-arguments/45779391