Prosecutors are opposing former state attorney Marilyn Mosby’s request to leave her defense team.
In a motion filed Saturday, prosecutors argued Mosby’s attorneys, who both filed motions to withdraw from the case earlier this week, did not show cause. good to remove.
“The practical effect of withdrawing all the attorneys who worked on this case will require another proceeding, a third attorney may be involved,” wrote Assistant Attorney General Leo Wise. .
On Thursday, Mosby’s attorney, A. Scott Bolden, and three others from his firm — Rizwan Qureshi, Kelley Miller and Anthony Todd, all of Reed Smith LLP — said the order from the District Judge the American Lydia Kay Griggsby is as follows. Bolden found violating Maryland law the control of the lawyer created a conflict of interest for them.
Attorneys defended Mosby against federal mortgage fraud and perjury charges stemming from loan applications he made for down payments on a pair of Florida homes. The Democrat, who served two four-year terms as state attorney general, left office earlier this month after losing a bid for re-election. He has pleaded not guilty and will appear in court in March.
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. .
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.
On Saturday, prosecutors said they would not oppose Bolden’s withdrawal “due to his misconduct and lack of oversight” in the case, but opposed the departure of other attorneys. Mosby had five.
Bolden has publicly identified Mosby as the target of racism and politics. In September, he stood on the courthouse steps and called the delay in the case “bulls***,” while suggesting that the U.S. Attorney’s Office in Maryland African American government employees are being targeted for prosecution. He apologized for using offensive words in court the next day.
“The government believes that the matter will be dealt with in a more professional and interpersonal matter by one of the other five lawyers who are representing the accused,” the government’s lawyers wrote. at their request.
No lawyer was involved, however, there is a conflict in the case, argued the lawyers. The court orders are specific to Bolden.
“There is no reason, except for a ‘present danger’ that causes their representatives to be limited by the sentence against Mr. Bolden,” the lawyer wrote.
Prosecutors also argued that Mosby’s attorneys had not shown any good reason to withdraw, rejecting the Outlaw’s argument that , he is too busy to be a leading lawyer.
“Mr. Proctor is a highly experienced trial attorney who has litigated many complex and serious cases in this district,” the attorneys wrote. “The truth is that Mr. Proctor being a ‘leadership consultant’ is not a good reason to leave. He does not have to be a ‘leadership consultant’; he can continue in the role he has with mr. Qureshi or Ms. Miller, both of whom are partners, as Mr. Bolden at Reed Smith, can be a leadership consultant.”
While Mosby agreed with his attorneys to leave, Griggsby is not bound to accept the plea. Observers say the judge will consider how Mosby’s defense will be affected by the withdrawal and the possible change of schedule.
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.
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.
Baltimore Sun reporters Alex Mann and Lee O. Sanderlin contributed to this report.