Post-Conviction Hearing Set for Former BGE Worker Charged with Murder

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On Aug. 26, Baltimore Circuit Court Judge Erik Atas postponed a homicide defendant’s post-conviction hearing for May 2023 because it was the earliest available time on his calendar.

Defense attorney Edith Cimino Fortuna filed a motion before the hearing on behalf of her client, Andre Mosby, requesting that his post-conviction hearing be postponed in order to insure there would be enough time to review the case in full.

Mosby’s post-conviction hearing is scheduled for May 8, 2023, at 11 a.m.; however, Judge Atas’ docket load may push the start time back to 2 p.m.

Judge Atas noted that this case would be the first considered for date advancement if time on his calendar becomes available.

“About 90% of my collateral docket right now are another judge’s,” said Judge Atas, referring to Judge Marcella Holland, who retired in 2013. Her seat remains vacant, resulting in other judges having to divide cases assigned to that docket. Judge Atas said he expected his collateral docket to free up after the New Year.

In October 2017, Mosby, 37, was sentenced to 20 years for firearm use in a felony violent crime and a consecutive 30 years for second-degree murder. He was also found guilty of having a handgun on his person, which was merged with the aforementioned counts.

According to the Baltimore City State Attorney’s Office, investigations showed that Mosby had a dispute with Kenneth Collins over a tampered BGE meter. Mosby was a contractor who was allegedly helping his friends avoid bills by rewiring their electric meters, so they could avoid a bill.

On March 15, 2016, Collins, 45, was shot while closing Rob’s Barber Shop on the 2400 block of E. Monument Street, where he worked. After talking to witnesses and reviewing surveillance footage, police arrested Ingnatius Lawrence Jr. and charged him as a co-defendant to Collin’s murder.

A witness reported seeing Lawrence meet up with Mosby after the shooting.

Lawrence was sentenced on Jan. 30, 2018, to life in prison plus 20 years after being convicted of first-degree murder, conspiracy to commit murder, using a firearm in the commission of a crime of violence, and two additional gun charges.

Mosby’s defense attorney informed Judge Atas that she had already requested to have her client transported from prison to appear in person at his May hearing. Judge Atas also authorized Fortuna’s request to have a witness appear on zoom.

Fortuna said she intended to submit transcripts from Mosby’s first trial as evidence and a 45-minute video statement Mosby gave to police.

Both parties agreed to label submitted evidence that Judge Atas could view in advance.