Federal prosecutors in Baltimore State's Attorney Marilyn Mosby case want witnesses excluded or trial delayed

Baltimore State's Attorney Marilyn Mosby was indicted on counts of perjury and making false mortgage applications

Federal prosecutors are asking a judge to either exclude witness testimony or delay the trial in their case against Baltimore State's Attorney Marilyn Mosby.

The prosecutors want the judge to either exclude witness testimony or delay the trial in order to find expert witnesses that they can get to testify, according to FOX 45.

Mosby has been charged on counts of perjury and making false mortgage applications, as she allegedly falsified mortgage documents to buy two vacation homes.

The Baltimore state's attorney has pleaded not guilty to the four-count indictment. The indictment alleges that Mosby claimed "adverse financial consequences" in relation to the COVID-19 pandemic as a reason to withdraw $90,000 from a city retirement account.

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Baltimore State's Attorney Marilyn Mosby addresses the media outside her office on a day after her indictment on federal perjury charges.

Baltimore State's Attorney Marilyn Mosby addresses the media outside her office on a day after her indictment on federal perjury charges. (Jerry Jackson/The Baltimore Sun via AP, File)

Mosby is alleged to have used the money to place down payments on vacation homes in Florida.

However, despite allegedly claiming the "adverse financial consequences," Mosby's salary increased during the pandemic. In 2019, she made $141,450, and in 2020, that grew to $151,268.

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Maryland State Attorney Marilyn Mosby speaks during a news conference in Baltimore in December 2019. 

Maryland State Attorney Marilyn Mosby speaks during a news conference in Baltimore in December 2019.  (AP/Julio Cortez)

According to the report, Mosby's attorneys plan to call Jerome Schmitt and Eric Forster to testify. Prosecutors say that Forster is going to testify that Mosby kept control over the Kissimmee, Florida,, property and also say that Schmitt will discuss the negative impact of COVID-19 on the travel industry.

Prosecutors say that they first heard about the defense's testimony on Sept. 9, but allege the defense should have informed them about the testimony by July 1.

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Mosby lost her Democratic primary bid for re-election in July to Ivan Bates, who is a former Baltimore prosecutor and defense attorney.

Fox News' Paul Best contributed to this report.