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Plea Bargain Possible in Barry Case : Narcotics: The D.C. mayor’s attorney says he doesn’t ‘rule out’ a deal. Besides the 11 cocaine counts, there are three felony perjury charges.

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From Associated Press

Mayor Marion Barry’s attorney on Friday said “I don’t rule out” a possible plea bargain over drug and perjury charges, and sources close to the case said discussions have included terms of the mayor’s possible resignation.

Barry, 54, is scheduled to go on trial Monday on 10 misdemeanor cocaine possession charges, one misdemeanor cocaine conspiracy charge and three felony charges of lying to a grand jury about his alleged drug use. He has pleaded not guilty to all charges.

Defense attorney R. Kenneth Mundy and U.S. Atty. Jay Stephens have held several discussions on a possible plea bargain, said sources who spoke on condition of anonymity.

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Mundy, in court for a pretrial hearing, was asked Friday whether he was ruling out a plea bargain. “I don’t rule out anything,” he said. “All our efforts . . . will be devoted” toward a “full-fledged, full-blown trial.”

Stephens said “we are prepared to go to trial” but refused to comment on the plea bargain issue.

Barry made no comment. He met with his cabinet over lunch during the day.

“If he pleads, there would have to be a resignation,” said one source familiar with negotiations between Mundy and Stephens. “There are a variety of combinations out there, but that is a constant.”

Sources familiar with the case said prosecutors have been informed that the mayor will not agree to any arrangement that requires him to plead guilty to a felony.

Pleading guilty to a felony would bar Barry from finishing his term or running for elected office again. Federal sentencing guidelines also require that Barry would spend at least six months in a halfway house if he accepted a felony plea.

Barry has not publicly revealed his political plans but has held a number of campaign-style appearances around the city since returning in March from seven weeks of treatment for substance abuse. He has been mayor of the nation’s capital city since 1979.

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Among matters still to be discussed are whether a videotape made of the mayor’s Jan. 18 arrest would be sealed, and whether a plea agreement would preclude prosecutors from charging Barry with additional crimes in the future, the sources said. According to court filings, the videotape shows Barry smoking crack cocaine provided to him by for a woman friend cooperating with an FBI sting operation.

Stephens has said the probe that produced the 14-count indictment against Barry is continuing.

At the public pretrial hearing, U.S. District Judge Thomas Penfield Jackson set the ground rules for a series of questions potential jurors will be asked when the case opens on Monday.

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