The six attorneys who represented former Baltimore State’s Attorney Marilyn Mosby on federal mortgage fraud and perjury charges asked Thursday to withdraw from her case.
Mosby’s lead attorney, A. Scott Bolden, and three others from his firm – Rizwan Qureshi, Kelley Miller and Anthony Todd, all of Reed Smith LLP – said an order from US District Judge Lydia Kay Griggsby said. Bolden found violating Maryland law the control of the lawyer created a conflict of interest for them.
At Tuesday’s hearing, Griggsby ordered Bolden to explain in a letter by Jan. 31 why he should not be held in contempt of court for using profanity that criticizes the court, why he revealed the confidential information of the jury in a legal application, and why. he filed the same motion without the Maryland attorney’s signature. Based in Washington, DC, Bolden is not licensed to practice in Maryland and is required to file all documents simultaneously, according to the court’s rules of attorney conduct. .
Reached by phone, Bolden declined to comment Thursday evening.
Mosby did not return calls or text messages seeking comment.
Mosby, a Democrat who served two, four-year terms as state attorney general that ended earlier this month, is charged with two counts of perjury and two counts of conspiracy to commit fraud. Misrepresentation in applications for down payment loans for two properties in Florida.
His lawyer said in the filing that he agreed to their withdrawal from his defense. Griggsby must accept the lawyers’ request to withdraw from the case.
Lawyers Lucius Outlaw and Gary Proctor, who joined the defense team in the summer, also asked Griggsby for permission to withdraw from the case. The filing said Outlaw and Proctor, who practice their own law, participated in Mosby’s defense in supporting roles and could not be used as lead attorneys in his case. The perpetrator is also a tenured law professor at Howard University.
“The motion does not change my belief in the innocence of Marilyn Mosby,” Outlaw told the Baltimore Sun.
Proctor declined to comment.
Since the beginning of Mosby’s case, Bolden strongly opposed the innocence of his client – saying that he was the subject of racist and political accusations – and he admitted his zeal at times. He reached his peak in mid-September, when the case was adjourned for the second time, he stood on the steps of the courthouse and called the delay “bullshit”, as he advised also the US Attorney’s Office in Maryland. targeting African American government employees for prosecution. He apologized for using offensive words in court the next day.
Prosecutor Warren Brown, who is not involved in the case but has years of experience in the courtroom, said he thinks Bolden’s personality overshadowed Mosby’s legal troubles. and he may be harmed by the jury that may appear.
“I don’t think he made any plans about how he met the public, through the press, about this issue,” Brown said. “The bomb, the flower pins – he’s become a target and it’s not very useful.”
The reason Bolden will withdraw from the case is that he may no longer think he can represent his client in a criminal case hanging over his own head, said a David Jaros, director of the University of Baltimore School of Law’s Center for Criminal Justice Reform. .
“While this is not a common conflict, there are reasons to be concerned and you certainly do not want lawyers to refuse to challenge the judge’s decisions and argue on behalf of their client because they are not want to further anger the court. judge,” Jaros said. “We don’t want the lawyer to think about what the judge thinks about them in court. We want the attorney to focus on the best defense for their client.”
In their filing, Mosby’s attorneys said they discussed their request to withdraw from the case with Federal Public Defender for the District of Maryland James Wyda, and Wyda said his office is prepared to Mosby’s defense when called upon.
The current defense team asked Griggsby to appoint a federal attorney to represent Mosby.
Wyda did not return a message left with the attorney general’s office Thursday afternoon.
Outlaw, a former federal attorney general in Maryland, said he has “full faith and confidence that the federal attorney general, if appointed, will give him the highest position and if they need help from me, all they have to do is ask.”
Often representing people charged with crimes cannot afford lawyers. Mosby, who spent eight years as a state attorney, left the office with about $250,000 annually. However, he is under a financial crisis, since giving government money to pay expert witnesses in his case.
Federal prosecutors did not respond to support or oppose the defense’s request. The US Attorney’s Office typically does not comment on pending legal cases.
Mosby’s trial is scheduled for the end of March, but his attorneys have asked Griggsby to delay filing the case until then. Mosby got a lawyer.
There is no guarantee that Griggsby will accept Mosby’s lawyers’ request to withdraw from the case, said defense attorney Andrew Radding, a former attorney for Mosby. The government acted at the state and federal level and was not involved in the Mosby case.
Bolden and other attorneys with his firm cited several rules of professional conduct for attorneys in their petition to Griggsby.
Radding said Griggsby will consider how those laws apply to the circumstances in Mosby’s case, and whether Mosby’s lawyers are “able to defend Mosby significantly affected” by Griggsby’s findings about Bolden’s conduct. . The judge, Radding said, will also have to consider the effect of the change of attorney general on the schedule of Mosby’s case.
He said the case will likely be postponed a third time if Mosby gets new lawyers. Charged more than a year ago, Mosby initially wanted a speedy trial before asking for a postponement in April amid his campaign for a third term as state attorney general.
“It’s been two months since the trial went on for months and months and months,” said Radding, noting the continuing arguments between Mosby and the government about expert witnesses. “Bringing in a new recommendation will delay this trial for months or a year and I think (Griggsby) will be burdened.”