Mosby denies knowledge of fired prosecutor’s support for opponent

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Baltimore City State’s Attorney Marilyn J. Mosby told jurors Thursday that she did not know a prosecutor she fired in her first week on the job had supported her opponent in the election until the woman sued her and claimed her termination had been for political reasons.

Mosby said Keri L. Borzilleri was one of seven employees she determined she wanted to fire when she took office, but she denied that she based her decision on Borzilleri’s support for Gregg Bernstein when Mosby challenged him in 2014.

“It did not matter to me one way or another,” Mosby said, adding that it was not unusual for assistant state’s attorneys to support the incumbent, who was their boss.

Borzilleri claims Mosby fired her in retaliation for her support of Bernstein outside of the office. However, Mosby said her decision was based on her observations of Borzilleri during their time as assistant state’s attorneys around 2007 and 2008, particularly, Mosby said, Borzilleri’s sometimes “terse” way of speaking to victims.

Mosby was called as a plaintiff’s witness Thursday morning and asked about her personnel decisions leading up to her swearing in on Jan. 5, 2015. She described assistant state’s attorneys as “the face of the office” when they prosecute cases.

“You’re absolutely dependent on them because they’re the ones ultimately making the decisions,” she said.

Mosby said that she wanted to “try to change the culture” of how prosecutors engaged with victims and witnesses and that she did not think Borzilleri showed enough empathy.

“My focus, again, was identifying individuals in the office that I had worked with that were not reflective of my administration,” she said.

Mosby said she did not speak with Borzilleri or Borzilleri’s supervisor about her concerns about Borzilleri’s treatment of witnesses, nor did she consult with anyone about her decision.

Borzilleri testified Tuesday that Mosby “glared” at her at an event she attended with Bernstein. Another former prosecutor, Syeetah Hampton-El, testified Wednesday that Mosby made a “throat-slitting motion” toward her at an event Hampton-El attended with Bernstein.

Mosby denied both allegations, saying she was under intense scrutiny as a candidate and would not have glared or made gestures at people at the hundreds of events she attended while campaigning.

Regarding Hampton-El’s testimony, Mosby said she would “never make” such a gesture.

“It’s absurd that anyone would say I would make a throat-slitting gesture,” she said. “People would observe me and I did not do it.”

Mosby said Hampton-El has “always had an issue” with her, dating to the period when Mosby was Hampton-El’s supervisor in District Court.

Hampton-El was one of the attorneys Mosby planned to terminate along with Borzilleri, but Hampton-El resigned. Mosby said her decision to fire Hampton-El was based on her behavior at the polls; Mosby said Hampton-El made disparaging remarks to voters about Mosby in front of her, which, Mosby said, showed bad judgment.

Borzilleri’s lawsuit against Mosby began in federal court in 2015. A U.S. District Court judge dismissed her First Amendment claims and the dismissal was affirmed by the 4th U.S. Circuit Court of Appeals in 2017. Borzilleri then filed suit on her state law claims in Baltimore City Circuit Court in 2018.

The case is Keri L. Borzilleri v. Marilyn J. Mosby et al., 24C18000010.