Judge rules on motion by Marilyn Mosby’s defense team to withdraw

GRANTING A MOTION FOR MARILYN MOSBY’S ENTIRE DEFENSE TEAM TO WITHDRAW FROM THE CASE. ALL SIX DEFENSE LAWYERS ARE OFF THE CASE, INCLUDING MARILYN MOSBY’S LEAD ATTORNEY A SCOTT BOLDEN. HE’S THE CATALYST, BEHIND THE MASS QUITTING. MOTIONS TO WITHDRAW CITING CONFLICTS OF INTEREST. CONNECTED TO BOLDEN’S IMPENDING CRIMINAL CONTEMPT PROCEEDINGS. FOR THIS SCENE LAST FALL. WHEN HE DEFIED THE JUDGE. AND HELD PRESS CONF ON THE COURTHOUSE STEPS. BOLDEN SAYS HE CAN’T DEFEND HIMSELF, AND MOSBY TOO. THREE OTHERS CLAIM THEY WORK AT THE SAME FIRM, AND ARE WITNESSES IN BOLDEN’S CASE SO THEY’RE OUT. TWO LAWYERS TOLD THE JUDGE WE DIDN’T SIGN-ON TO TAKE OVER WE HAVE OTHER JOBS. PROSECUTORS SAID THEY’RE FINE IF A SCOTT BOLDEN WITHDRAWS. BUT THE OTHERS NEED TO STAY ON. THEIR EXCUSES AREN’T GOOD ENOUGH TO CUT THEM FREE AND CAUSE MORE DELAYS. THIS WILL OBVIOULSY DESTABILIZE EVERYTHING. AUSA LEO WISE ARGUED, “TO GO FROM WHAT WAS AN ASTONISHINGLY LARGE DEFENSE TEAM DOWN TO ZERO WHAT THE DEFENSE IS CONTEMPLATING IS THAT WE HIT RESET.” MARILY MOSBY CONFIRMED SHE’S AWARE AND OK WITH IT. “UNFORTUNATELY, I WOULD LIKE THIS TO GO AS QUICKLY AS POSSIBLE SO I CAN REBUILD MY LIFE. BUT I’M IN THE SITUATION THAT I’M CURRENTLY IN. I NEED INDEPENDENT, CONFLICT-FREE CONSEL TO REPRESENT ME.” WE’VE DELAYED THIS TRIAL NOW THREE TIMES AND PERHAPS A FOURTH TIME. THE JUDGE LAMENTED. ,BUT ULTIMATELY GAVE PERMISSION FOR MOSBY’S TEAM TO QUIT. AND ORDERED A FEDERAL PUBLIC DEFENDER TO TAKE OVER. MARILYN MOSBY’S CRIMINAL TRIAL IS CURRENTLY SLATED TO BEGIN TWO MONTHS FROM TODAY MARCH 27. THE JURY SELECTION PROCESS IS ALREADY UNDERWAY. THE JUDGE DIDN’T CHANGE ANY OF THAT TODAY, BUT DID SET A HEARING TO TALK ABOUT IT NEXT WEEK. AT FEDERAL COURT DOWNTOWN, I’M KATE AMARA WBAL TV 11 NEWS

Judge allows Marilyn Mosby’s defense team to withdraw from case

All six of Marilyn Mosby’s defense attorneys can withdraw from the case, a federal judge ruled Friday. U.S. District Judge Lydia Kay Griggsby said there is “good cause” to allow all defense attorneys from Reed Smith LLP to withdraw from Mosby’s case and grant their motion to withdraw.They did not agree that there was a conflict.Federal prosecutors said they were fine if lead defense attorney A. Scott Bolden withdraws, but said the others need to stay on because their excuses aren’t good enough to cut them free and their withdrawal would cause more delays.”It is in the public’s interest to have a speedy trial, and this is the third time the conduct of defense counsel has caused that to be cast aside,” Assistant U.S. Attorney Leo Wise told the judge. “This will obviously destabilize everything to go from what was an astonishingly large defense team down to zero. What the defense is contemplating is that we hit reset and bring new lawyers up to speed in all of the pretrial proceedings.”The judge said she understood, saying: “We’ve delayed this trial now three times and, perhaps, a fourth time. A delay is certainly not something this judge would welcome.”The latest trial date set is March 27.Griggsby ordered the federal public defender’s office to appoint an attorney to Mosby’s case and scheduled a hearing on Feb. 3 to discuss how the trial schedule may be impacted and how to proceed.What led to Friday’s rulingLast week, Mosby’s entire defense team filed a motion to withdraw from the case, citing conflicts of interest. The defense team — Bolden, Rizwan A. Qureshi, Kelley Miller, Anthony R. Todd, Gary E. Proctor and Lucius Outlaw III — instead wanted a public defender assigned to Mosby.Prosecutors responded over the weekend by saying there was no conflict of interest. On Wednesday, Bolden explained his conflict, saying that because the judge is considering criminal contempt charges against him for his conduct during the case so far, he can’t defend himself and Mosby, too.Three other attorneys claim they work at the same firm and are witnesses in Bolden’s case, so they’re out.The two remaining lawyers told the judge they didn’t sign on to take over and that they have other jobs. Outlaw and Proctor stated in court documents filed Monday that they are representing Mosby pro bono, they do not have support staff and they have scheduling conflicts.Mosby calls potential delay ‘unfortunate,’ says she needs conflict-free counselFriday morning’s proceedings started with the judge and attorneys describing what is considered a legal “conflict of interest.”The judge spoke directly to Mosby about the motion for her entire defense team to withdraw. Mosby said she feels no Reed Smith LLP attorney can appropriately represent her in the case. Mosby said she initially hired Reed Smith LLP because she wanted Bolden to represent her. She said that considering his conflict, she does not want the rest of the firm.Mosby said she understands the trial schedule would likely be changed and said it would be “unfortunate” because she wants to move on with her life but she wants to make sure she has adequate representation.”I would like this to go as quickly as possible so I can rebuild my life, but I’m in the situation that I’m currently in,” Mosby said.The judge asked Mosby whether she’s aware of possible delays associated with her attorneys withdrawing from the case.”Yes, your honor, I am aware,” Mosby said. “I need independent, conflict-free counsel to represent me.”Mosby also said she understands that she is asking the court to appoint a public defender.The case against Baltimore’s former top prosecutorMosby was indicted in January 2022 on federal charges of perjury when she withdrew money from her deferred compensation accounts, saying she was facing financial hardships because of the COVID-19 pandemic and making a false statement on a loan application. Prosecutors said Mosby lied to avoid paying taxes on the money.Mosby’s trial was already postponed once in April to Sept. 19 at the request of the defense and opposition from the government. In September, the trial was delayed again until March 2023.Mosby faces 20 years in prison if convicted on the four federal charges she faces.

All six of Marilyn Mosby’s defense attorneys can withdraw from the case, a federal judge ruled Friday.

U.S. District Judge Lydia Kay Griggsby said there is “good cause” to allow all defense attorneys from Reed Smith LLP to withdraw from Mosby’s case and grant their motion to withdraw.

They did not agree that there was a conflict.

Federal prosecutors said they were fine if lead defense attorney A. Scott Bolden withdraws, but said the others need to stay on because their excuses aren’t good enough to cut them free and their withdrawal would cause more delays.

“It is in the public’s interest to have a speedy trial, and this is the third time the conduct of defense counsel has caused that to be cast aside,” Assistant U.S. Attorney Leo Wise told the judge. “This will obviously destabilize everything to go from what was an astonishingly large defense team down to zero. What the defense is contemplating is that we hit reset and bring new lawyers up to speed in all of the pretrial proceedings.”

The judge said she understood, saying: “We’ve delayed this trial now three times and, perhaps, a fourth time. A delay is certainly not something this judge would welcome.”

The latest trial date set is March 27.

Griggsby ordered the federal public defender’s office to appoint an attorney to Mosby’s case and scheduled a hearing on Feb. 3 to discuss how the trial schedule may be impacted and how to proceed.

What led to Friday’s ruling

Last week, Mosby’s entire defense team filed a motion to withdraw from the case, citing conflicts of interest. The defense team — Bolden, Rizwan A. Qureshi, Kelley Miller, Anthony R. Todd, Gary E. Proctor and Lucius Outlaw III — instead wanted a public defender assigned to Mosby.

Prosecutors responded over the weekend by saying there was no conflict of interest.

On Wednesday, Bolden explained his conflict, saying that because the judge is considering criminal contempt charges against him for his conduct during the case so far, he can’t defend himself and Mosby, too.

Three other attorneys claim they work at the same firm and are witnesses in Bolden’s case, so they’re out.

The two remaining lawyers told the judge they didn’t sign on to take over and that they have other jobs. Outlaw and Proctor stated in court documents filed Monday that they are representing Mosby pro bono, they do not have support staff and they have scheduling conflicts.

Mosby calls potential delay ‘unfortunate,’ says she needs conflict-free counsel

Friday morning’s proceedings started with the judge and attorneys describing what is considered a legal “conflict of interest.”

The judge spoke directly to Mosby about the motion for her entire defense team to withdraw. Mosby said she feels no Reed Smith LLP attorney can appropriately represent her in the case. Mosby said she initially hired Reed Smith LLP because she wanted Bolden to represent her. She said that considering his conflict, she does not want the rest of the firm.

Mosby said she understands the trial schedule would likely be changed and said it would be “unfortunate” because she wants to move on with her life but she wants to make sure she has adequate representation.

“I would like this to go as quickly as possible so I can rebuild my life, but I’m in the situation that I’m currently in,” Mosby said.

The judge asked Mosby whether she’s aware of possible delays associated with her attorneys withdrawing from the case.

“Yes, your honor, I am aware,” Mosby said. “I need independent, conflict-free counsel to represent me.”

Mosby also said she understands that she is asking the court to appoint a public defender.

The case against Baltimore’s former top prosecutor

Mosby was indicted in January 2022 on federal charges of perjury when she withdrew money from her deferred compensation accounts, saying she was facing financial hardships because of the COVID-19 pandemic and making a false statement on a loan application. Prosecutors said Mosby lied to avoid paying taxes on the money.

Mosby’s trial was already postponed once in April to Sept. 19 at the request of the defense and opposition from the government. In September, the trial was delayed again until March 2023.

Mosby faces 20 years in prison if convicted on the four federal charges she faces.

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