U.S. Decides to Not Retry D.C. Mayor Barry

Federal prosecutors said today that they will not retry Mayor Marion Barry on the dozen drug and perjury charges a jury could not resolve, bringing the long legal battle between the mayor and the government near a close.

The charges, on which jurors had declared themselves deadlocked at the end of Barry’s trial last month, include one involving an FBI videotape of the mayor smoking crack cocaine.

“I’m obviously relieved at this phase of the legal proceedings,” Barry said after the U.S. attorney’s decision was announced.

Barry, who was convicted of a single misdemeanor drug-possession charge and acquitted of another at the trial, still faces sentencing. After declaring that he would not seek reelection as mayor, he is now running for the City Council.

During a five-minute court hearing, assistant U.S. Atty. Judith Retchin said, “The government has made a determination not to seek retrial on the pending counts.” U.S. District Judge Thomas Penfield Jackson then set a sentencing date for Oct. 26.

The government’s decision comes five weeks after Barry’s two-month trial ended with his conviction on one misdemeanor cocaine possession charge, acquittal on another and a mistrial on the 12 remaining counts--three felony perjury charges and nine misdemeanor counts.

U.S. Atty. Jay B. Stephens said, “Mr. Barry’s political status and political future are not factors we considered when making decisions about this prosecution.”

Stephens declined to say what kind of sentence he would recommend but did note that the judge has “the latitude for . . . a full year in prison.” Barry also could face a maximum $100,000 fine.

The jury’s verdict was widely interpreted at the time as a victory for the mayor. But Stephens said today: “When all the dust is settled . . . the ultimate truth will remain--that the chief executive of this city charged with the responsibility of leading the fight against illegal drugs and violence has himself been convicted of contributing to that human devastation.”