While federal sentencing guidelines may consider an admission of responsibility, legal experts said Marilyn Mosby's move to seek a presidential pardon could backfire.
The investigation was launched by the Baltimore Office of Inspector General at Mosby's request in 2020, and the Inspector General's office ultimately concluded that criminal activity may have occurred and turned its findings over to federal authorities.
Mosby was indicted in January 2022 on charges of perjury and mortgage fraud and was tried separately for allegedly lying about financial hardships caused by COVID-19 in order to tap restricted retirement funds to buy two Florida vacation homes, then making false statements on loan documents to lock them up at better rates.
After 20 months of legal battles, delays, postponements and the withdrawal of Mosby's first defense team, a jury convicted Mosby of two counts of perjury in November 2023. The jury returned a split verdict in February, convicting Mosby of one count of mortgage fraud.
Sentencing is scheduled for Thursday, at which point she could face up to 40 years in federal prison. Defense lawyers are asking for no prison time for Mosby. The federal government is seeking a 20-month sentence.
Attorney Steve Silverman, who is not connected to the Mosby case, explained to 11News what will happen with the sentence.
“I can't imagine going through two federal jury trials and being convicted on both counts and not receiving some kind of prison sentence. That's how the system works, and the federal system encourages admission of responsibility. ,” Silverman told 11 News. “She's not acknowledging her responsibility at all. The judge will be very concerned about that. That's going to be a big factor and, in my opinion, it's going to backfire on her.”
Mosby has maintained his innocence and appeared on MSNBC to slam the prosecutors and call for a presidential pardon, which has the backing of prominent civil rights leaders and groups.
The National Association for the Advancement of Colored People and 14 other civil rights groups have since called on President Joe Biden to pardon the former Baltimore prosecutor.
In the letter, the NAACP CEO wrote: “The only thing Marilyn Mosby is guilty of is her desire to provide a better life for her family.”
Silverman told 11News he's never seen a defendant use that kind of tactic.
“I've never seen that before. It's very brazen,” Silverman told 11 News. “After the trial, the defendant tries to ingratiate himself with the judge who sentenced him, but the judge seems to be doing the opposite.”
Silverman said Mosby is not only seeking a pardon, which is rarely granted, but also a special exemption to seek one in the first place, because people typically only become eligible for pardon after five years of serving their sentence.
“I think the government is asking for 20 months in the filing and I think that's probably the appropriate range given the circumstances,” Silverman told 11News.
