Marilyn and Nick Mosby
Judge denies Marilyn Mosby’s motion to change home detention into a nightly curfew
BREAKING: At least for now, Baltimore’s former state’s attorney cannot spend 15 hours a day outside her home, returning to her Fells Point apartment only at night
Above: Marilyn Mosby speaks last month during a court-approved trip to a conference in New York City on the mental health of incarcerated women. (Instagram)
Federal District Court Judge Lydia Kay Griggsby has rejected former Baltimore State’s Attorney Marilyn Mosby’s request to alter her home detention sentence to a nightly curfew so she can travel for a new job as a mental health and substance abuse supervisor.
In an order filed late today, Griggsby said that Mosby, convicted on three felony counts, “has not provided the requested information to the U.S. Probation Office” to leave home without prior approval daily between 6 a.m. and 9 p.m., including on weekends.
The order, however, leaves open the possibility that the judge will change her mind if Mosby presents information that gives the court a better understanding of the nature of her job responsibilities.
After spending a week in California in training sessions approved by the court, Mosby was hired as Director of Global Strategic Planning by the unnamed company on October 1.
The Livermore, CA-based company runs mental health, substance abuse and transitional housing services that will require Mosby to “routinely travel” around Maryland to monitor its programs and establish “strong collaborative relationships with state, local and communal stakeholders.”
“Ms. Mosby’s new job will also require some field work during the weekends; therefore, it is important that she be permitted to travel outside of her residence on weekends, too,” said her lawyers, Public Defenders James Wyda and Paresh Patel.
• Marilyn Mosby spreads her wings while under home detention (9/5/24)
In disallowing Mosby to leave her Fells Point home for 15 hours a day without supervision or prior approval, Griggsby noted that Probation Officer Rachel Snyder expressed concerns about “third-party risk” because Mosby’s job includes developing and managing budgets and setting up strategic partnerships with government officers.
Snyder also faulted Mosby for being “vague” about her schedule, communicating only through her lawyers and failing to start her 100 hours of required community service.
“Given these concerns, the Defendant has not shown that the requested modification of the conditions of her supervision is warranted,” Griggsby wrote.
Since being placed on 12 months of home detention with electronic monitoring in June, Mosby has stretched the limits of federal guidelines, which allow 50 hours of “leave” per week.
She attended a celebratory party in Howard County in August, followed by court-approved trips to New York City to speak at an obscure conference about the mental health of incarcerated woman, to Boston to attend a court hearing regarding her late mother’s estate, and then to California for a week of training for a prospective job offer.
Federal rules allow Mosby time away from home for employment, child care, medical and mental health appointments and other circumstances approved by a probation officer.
Requiring Mosby to submit a weekly travel schedule to the probation office as she juggles the demands of her new job with the needs of her two teenage daughters will make “the logistical problems with home detention even more daunting,” Wyda and Patel argued.
Instead, a nightly curfew, which would permit Mosby “to freely travel during the day,” will “avoid these logistical problems and allow her to start earning money again to offset the enormous financial costs that she has incurred since the start of her prosecution in this case,” they said.
Griggsby noted that the U.S. Attorney’s Office, which asked for a 20-month prison sentence following her conviction on perjury and mortgage fraud charges, also opposed the modification of Mosby’s home detention order.
Prosecutors and Snyder recently asked the judge to reject another Mosby request to dine for four nights in California with the officers of her prospective employer.