Barry Jury Silent About Verdict on One Charge

The drug and perjury trial of Mayor Marion Barry took a bizarre turn Tuesday when the jury announced that it had reached a verdict on one drug possession charge but then declined to reveal its decision.

U.S. District Judge Thomas Penfield Jackson ordered jurors excused for the night with instructions to resume deliberations this morning on the 13 remaining charges.

There were signs that members of the jury were badly split on resolving the fate of Washington’s three-term mayor, who is being tried on 10 misdemeanor drug possession charges, one misdemeanor drug conspiracy charge and three felony counts of perjury.

The count decided by the jury involved a drug possession charge based largely on the testimony of former Barry associate Doris Crenshaw, who said she used cocaine with the mayor in her room at the Mayflower Hotel on a visit to Washington in November, 1989.

Barry’s lawyer, R. Kenneth Mundy, told reporters that he was encouraged by the development, calling Crenshaw “the government’s strongest witness.” Barry emerged from the courtroom smiling.

Late Tuesday the jury sent Jackson a note informing him that “we have reached a verdict on Count 12.” The note also asked about a piece of evidence relating to another drug count.

Summoning jurors to his courtroom, Jackson asked: “Have you reached a verdict?”

“I would prefer that you poll the jury,” jury foreman Edward Eagles replied.

Jackson said such polling only occurs after a verdict is announced. He told jurors that they are not required to report the single-count verdict at this time but could wait until all their deliberations are concluded.

“Do you wish to report your verdict?” he asked again.

“Not at this time,” a woman juror answered. Another male juror shook his head no.

After responding to their routine evidentiary question on another count, Jackson dismissed jurors for the evening. They are being sequestered in a nearby hotel.