Posted on 03/09/2006 4:10:07 PM PST by doug from upland
By David Lawder WASHINGTON (Reuters) - Former Washington Mayor Marion Barry, jailed in 1991 for cocaine use only to reclaim his office and prominence in city politics, avoided another prison term on Thursday when a judge sentenced him to three years probation for failure to pay taxes.
U.S. Magistrate Judge Deborah Robinson ordered Barry, now a city council member, to repay up to $246,000 in back taxes, plus penalties, and to comply with drug treatment and counseling requirements imposed by the U.S. probation office.
Barry, 70, partly blamed his tax and financial woes for a relapse into drugs last fall.
The probation was recommended by federal prosecutors as part of Barry's guilty plea agreement on misdemeanor tax charges in October. He faced a maximum sentence of 18 months in jail.
The 70-year-old veteran of city politics apologized to the court and to his constituents for failing to file returns and pay federal and District of Columbia income taxes for 1999 through 2004.
"I take full responsibility for that action. It was an unfortunate situation in my life that I wish had not occurred," Barry said. "I'm remorseful for it."
Barry, who spent six months in jail in 1991 on drug charges that cut short his third term as mayor, suffered a substance abuse relapse last fall, failing a drugs test mandated by his plea agreement.
His lawyer, Frederick Cooke, said this was due to burden of his tax and financial woes but, "Mr. Barry has successfully resumed a life of sobriety."
The judge ordered Barry to comply with any repayments and penalties demanded by federal and city taxing authorities.
Federal prosecutors said the Internal Revenue Service and D.C. tax authorities indicated his recently filed returns showed he owed $195,000 in unpaid federal income taxes and $51,000 in unpaid District of Columbia income taxes.
Barry said however, that he intended to amend his tax returns, filed about a month ago using standard deductions, with itemized deductions that may lower his tax liability.
Prosecutor James Cooper claimed that Barry had earned $534,000 over the six years in question, mainly from consulting work.
But Cooper said it was only on Wednesday that Barry sought to open repayment negotiations with the IRS and D.C. authorities, demonstrating "a lack of vigor" in efforts to clear his obligations. "We're not confident about what Mr. Barry is going to do going forward," Cooper said.
Barry told the magistrate he has struggled with drug addiction for 16 years but was determined to keep fighting it.
"It's tough, it's baffling, it defies all logic and imagination as to why this happens," he said of his relapse.
Barry was caught on videotape smoking crack cocaine in a 1990 federal sting operation. He underwent substance-abuse treatment and declared himself drug-free before mounting a political comeback that included winning a seat on the city council and re-election as mayor in 1994.
He rejoined the council in late 2004, representing Washington's poorest ward in the city's southeast section.
Okay, who set him up this time?
If this were you or I we would be losing our home. But not Marion. This guy has gotten away clean again.
They had him cold and he walks away.
Maybe rOsie o'Donnell bailed him out like 'it' did bOy gEorge.
"U.S. Magistrate Judge Deborah Robinson ordered Barry, now a city council member, to repay up to $246,000 in back taxes, plus penalties.."
He'll have to sell a lot of crack to pay that off.
Maybe he will run for mayor again for funds to pay it off.
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