Barry Sentenced to Three Years Probation

D.C. Council member and former mayor Marion Barry (D-Ward 8) Thursday morning was sentenced to three years probation for misdemeanor charges of failing to pay federal and local taxes.

Barry, who tested positive for cocaine and marijuana use in a court-ordered drug test last fall, will also have to submit to further drug testing, or treatment, if ordered to do so by the probation office, U.S. Magistrate Judge Deborah A. Robinson said. (Read More).

Washington Post staff writers Debbi Wilgoren and Yolanda Woodlee were online Friday, March 10, at noon ET to field your questions and comments.

The transcript follows.

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Debbi Wilgoren and Yolanda Woodlee: Hi everyone -- we have lots of questions posted already, which is not surprising given that we are talking about someone as compelling, and polarizing, as Marion Barry. And, for the next hour, we welcome more. Many people seem to want to know why Marion Barry did not get a more severe punishment for failing to file tax returns or pay taxes during the six years he was out of office. The answer is complicated, and has to do with the plea agreement he negotiated, the nature of the charges against him, his age, his health and other factors. We'll try to make it more clear as we address questions individually. So, here goes ...

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Manassas, Va.: Why does this man continue to get off where if one of his constituents was in the same boat would get Prison time. A combination of NOT paying taxes and Drug abuse?!

Couldn't afford an accountant?! He's a city council member for gosh sakes! If he can afford a high priced lawyer, why can't he afford an accountant?

Excuses Excuses! If you're truly dedicated to reforming yourself; resign your position, get yourself into rehab, and find a way to start paying back the government what you owe them!

How dare he tell the city how to spend its money when he can't even manage his own affairs!!! What a Hypocrite!

Thanks for letting me vent!

Debbi Wilgoren and Yolanda Woodlee: You're welcome. You make some interesting points. May we just add that we have no idea how much Barry is or is not paying Fred Cooke, who is a longtime legal adviser and friend. Also, as we will explain more in subsequent answers, its not at all clear that others fitting his profile would have gotten time behind bars.

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Washington, D.C.: I really don't have a question. I just wanted to comment that I believe if Marion Barry, had not signed on for the stadium deal he would have been in more trouble than he is. I am glad he only received probation and wish him luck in his recovery.

Debbi Wilgoren and Yolanda Woodlee: This is quite a conspiracy theory, we must say. We have no evidence at all that the prosecutors or the judge cared a whit about the Nationals stadium or Barry's position on it. The only time baseball came up in court was when Barry told the judge that even while he was struggling financially and fighting back from his drug relapse, he continued to stay on top of his council duties, including negotiating the baseball deal.

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Washington, D.C.: Did the prosecutor's office agree to settle the case on highly favorable terms for Barry primarily because they feared that Barry would be acquitted if the case was tried before a jury? If so, do you think their very low opinions of DC juries are justified?

Debbi Wilgoren and Yolanda Woodlee: We don't know that the prosecutors feared a jury would acquit Barry, though given his trial on drug charges more than a decade ago, its certainly possible (Barry was convicted in August 1990 on a single count of possession of cocaine, after a 10-week trial. The jury acquitted him of a second possession charge and deadlocked on 12 remaining charges, including three felony perjury charges). But its our understanding that prosecutors doubted Barry would get serious time even if he were tried and convicted, given that he is 70 years old and in failing health. Barry accepted responsibility as soon as he was confronted by prosecutors last fall, and was willing to plead guilty, and avoid a trial. Prosecutors jumped at the chance.

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Vienna, Va.: I moved to this area in 1999 and have been told that Barry single-handedly created a Black middle class in DC by putting thousands of unqualified Blacks on the City payroll. Other than that, NADA. And yet the man is revered. I have to say that I'm nearing retirement and am looking forward to moving back to an environment whose values more closely reflect my own.

Debbi Wilgoren and Yolanda Woodlee: While it is well documented that Barry greatly expanded the ranks of local government, helping to spur creation of one of the strongest African American middle class communities in this country, its questionable, at best, to declare all those people "unqualified." In fact, this region boasts one the highest percentages of African American professionals, both inside and outside government, including many who are highly educated and at the tops of their fields. Yes, Barry allowed cronyism and nepotism that ultimately was bad for the city and its government. But he also gave some highly qualified people their start in government, and is as talented and charismatic a local political leader as this city has seen. Your characterization of him is one dimensional, and he is anything but.

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Chevy Chase, Md.: I voted for Barry the first two times he ran for Mayor and really regret those votes. Couldn't the judge at least have required some community service? Watching him and his enablers swagger jubilantly out of court made me want to throw up.

Debbi Wilgoren and Yolanda Woodlee: He certainly looked more jubilant coming out of court than he did standing before the judge. But that seeming bravado could have also been a show for the cameras. Prosecutors and defense attorneys we spoke with said emphatically that three years of supervised probation is NOT just a slap on the wrist. They pointed out that Judge Robinson made complying with whatever tax repayment deal he negotiates with the IRS a condition of Barry's probation. She also said he must comply with whatever drug treatment Barry's probation officer may order when they meet with each other next week. If Barry violates any of those conditions, or fails a future drug test, he will go back to court for violating probation, and could well face a stiffer sentence.

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Burke, Va.: Has their been any follow up on the two men who allegedly robbed Barry a few weeks ago? Any chance we can nail him for filing a false police report? This man's conduct and arrogance is appalling. Had he used his charisma to better the city, he could have been a hero to more than his band of enablers. Now he's just a pathetic but still outrageous fool.

Debbi Wilgoren and Yolanda Woodlee: The latest info we have is what our colleague Del Wilber wrote at the end of January -- that police showed Barry photographs of two potential suspects, but he didn't recognize either of them. We'll post a link to that story.

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washingtonpost.com: Barry Unable To Identify 2 as Robbers (Post, Jan. 27)

Barry's Robbery Belies Community on the Rise (Post, Jan. 5)

Robbed at Gunpoint, Barry Harbors 'No Animosities' (Post, Jan. 4)

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Harlem, N.Y.: Some years ago, we were faced with a dilemma known as Adam Clayton Powell. He was our man in government and we stood by him in some uncomfortable circumstances. Then one day, we woke up and realized that Powell's time had passed and he was becoming an embarrassment. We then turned to Charles Rangel and have never looked back, instead looking with real pride at Congressman Rangel. Why can't Washington seem to cast aside Marion Barry?

Debbi Wilgoren and Yolanda Woodlee: You make an apt comparison. Marion Barry IS this city's Adam Clayton Powell. Keep in mind, however, that he has not been elected to citywide office since 1994, when he last ran for mayor. He now represents the poorest, most politically disenfranchised Ward of the city. There, his message of forgiveness, redemption and second chances has resonated with many, though not all, voters. It is unlikely that he could win similar majorities elsewhere in the District.

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Alexandria, Va.: Didn't Marion Barry violate his parole by failing a drug screen last fall? And the result of violating his probation is more probation?

It's probably just me but I think that when a person in a position of public trust breaks the law - the punishment ought to be doubled. I'd throw Barry in jail and take any assets he has (house, car, pension, his collection on fedoras) in order to repay the $200K in back taxes.

Debbi Wilgoren and Yolanda Woodlee: We need to make an important distinction here: Barry was not on parole or probation (from his 1990 drug conviction) when he failed the drug test last fall. He was out on personal recognizance, awaiting sentencing, after pleading guilty to two misdemeanor counts of failing to file tax returns. Now that he has been sentenced, he is on probation.

He also completed drug treatment between the time of the failed drug test, and yesterday's sentencing hearing. (The details of that treatment have not been made public, but have been provided to the court).

For the record, the house that Barry owns with his estranged wife, is her residence, not his. He rents an apartment, and has recently been driving a 1990 Mercedes,when he is not being driven around town by his staff. He told the judge yesterday that he has "almost a negative net worth," but did not even begin to explain why. We couldn't fathom what the fedora collection is worth.

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Anonymous: I'm a young Black professional and I and my Black friends and colleagues find Marion Barry a total embarrassment. Many of us demonstrate that it is indeed possible to escape ghetto life, but following Barry is not the way. If this is an example of the Black middle class deserting their inner-city brethern, so be it. The man is a total fool and his followers deserve whatever they (don't) get.

Debbi Wilgoren and Yolanda Woodlee: This poster could be considered an example of one of those people who have dropped the District's version of Adam Clayton Powell and gone in search of a Charles Rangel type.

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Alexandria, Va.: I know this will be unpopular - but as long as DC continues to vote for Marion Barry, they don't deserve voting rights. Could you just imagine Marion Barry sitting on the House of Reps Appropriation Committee?

Debbi Wilgoren and Yolanda Woodlee: Well, Congress certainly has its own share of lawbreakers -- witness Duke Cunningham, for one. It just doesn't seem fair or logical to link statehood or voting rights to the behavior of a single politician.

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Washington, D.C.: At the very least, with his drug and legal problems, he should resign from the Council. That would be the honorable thing to do--not that it matters, of course. I think he could get away with anything, literally. Arson? Murder? The man's untouchable.

Debbi Wilgoren and Yolanda Woodlee: Some who care a lot about Marion Barry have also suggested he leave office, to focus on recovery and his health. He has been in public life for 40 years, however, and seems not at all interested in leaving that role. Had he pleaded guilty to or been convicted of a felony, he would have had to leave office. But the two failure to file charges are misdemeanors, so he does not. Even if Judge Robinson had ordered him jailed on those misdemeanor charges, he could have remained on the council. That's the law.

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Washington, D.C.: People often forget that Marion Barry was also a victim of terrorist violence by Muslim extremists. In 1977, several terrorists seized hostages in the District Building. Barry was injured in melee by a bullet that nearly lodged in his heart. On 9/11 many, many people experienced terror when hijacked jets were flown into the World Trade Center and Pentagon, but Barry knew what that was like decades earlier.

Debbi Wilgoren and Yolanda Woodlee: Here's a slightly longer view of history for readers to consider.

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Hyattsville, Md.: Do you think it was ok to call Marion a Moron? Per last night on CNN.

Debbi Wilgoren and Yolanda Woodlee: Don't know the details of what Council member Barry was called on CNN, but it certainly doesn't seem respectful and is not something we would have done.

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Washington, D.C.: Can the city file a lien against Barry's paycheck? Why does the city have to continue to pay him when he owes the people of Washington, D.C., so much money?

Debbi Wilgoren and Yolanda Woodlee: We believe they could file a lien -- that will be decided when Barry and his attorney and accountant negotiate repayment with the IRS.

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Silver Spring, Md.: Many people, including your colleague Marc Fisher , have asserted that an "ordinary" person would have received prison time for this offense, and have argued that at the least, Barry should have been required to resign as a condition of probation. But I think the federal Sentencing Guidelines make it highly unlikely that this level of tax crime would garner a prison sentence, and it seems to me the IRS would not want Barry to give up his only source of regular income if they expect to get any of his taxes paid.

Debbi Wilgoren and Yolanda Woodlee: This is exactly what I (Debbi speaking here) was told yesterday by several knowledgeable attorneys -- both prosecutors and defense. I have great respect for Marc, but as a columnist and pundit, his job is to put out his own opinion along with the facts, while our job is to stick to the facts. Our opinions are not part of the answers we are giving here.

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Takoma Park, Md.: You and Marc Fischer have very different takes on the Barry sentencing. Is there any chance tiyr respective races might be a factor?

washingtonpost.com: Discussion Transcript: Marc Fisher (March 9)

Debbi Wilgoren and Yolanda Woodlee: We find it interesting that you think you know what race each of us is. We'll give you a hint. One of us is white like Marc, the other is not. As we said in an earlier post, Marc is free as a columnist to post his opinions.

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Bethesda, Md.: I have some advice for the media. Leave the man alone.

Debbi Wilgoren and Yolanda Woodlee: We could hardly NOT cover the guilty plea and sentencing of a sitting public official.

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Columbia Heights, Washington, D.C.: What about his unpaid DC taxes? Are they being overlooked, or is that another issue altogether? I think the DC government ought to garnish his paychecks until at least the money he owes the city is paid up!

Debbi Wilgoren and Yolanda Woodlee: His unpaid DC taxes are also part of this case, and he will have to negotiate repayment of those as well. Prosecutors said in court yesterday that the preliminary DC and federal returns Barry filed show that he could owe as much as $246,000, $51,000 of which were local taxes. But Barry said the amount he owes may go down somewhat because he did not claim any deductions beyond the standard deductions. He said he only recently retained an accountant to help him sort through his papers and figure out what deductions he can claim.

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Silver Spring, Md.: Marion Barry is the greatest thing that has ever happened to this town. He has provided us with countless hours of laughter, tears and joy. The man is a survivor - I've never encountered a better example of someone consistently bouncing back from adversity. He will always be the mayor of my heart.

Debbi Wilgoren and Yolanda Woodlee: Another viewpoint.

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San Francisco, Calif.: I completely disagree with those who say that Marion Barry is why DC shouldn't have statehood or voting seats in Congress. On the contrary, crazies like him get elected because the seats -don't- matter. (Well, maybe not, we have a nutcase or two here - think of our supervisor who said he opposes the US military, all of it.)

Nonetheless, everyone has the right to elect whatever reasonable or wacky person they want, that's what the right to vote is about.

Debbi Wilgoren and Yolanda Woodlee: And another.

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Washington, D.C.: This man did not pay DC taxes for years and yet had the guts to stand for election to the city council to be paid with our tax money. There should be a law barring tax cheaters such as him from qualifying to hold any public office.

Debbi Wilgoren and Yolanda Woodlee: And another.

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Washington, D.C.: Was that incident, where Barry was robbed at his home recently, a drug deal gone bad?

washingtonpost.com: Robbed at Gunpoint, Barry Harbors 'No Animosities' (Post, Jan. 4)

Debbi Wilgoren and Yolanda Woodlee: Many reporters, here and elsewhere, have asked that question. So far, police have said they have no evidence to suggest that it was.

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SAY WHAT?: "Alexandria, Va.: I know this will be unpopular - but as long as DC continues to vote for Marion Barry, they don't deserve voting rights"

This takes the award for the most idiotic anti-American comment today. Voting rights are just that a "right" not a privilege. I think people who voted for Tom Delay are not the brightest group but do I think they should not have voting rights because of who they choose to represent them, of course not. I am surprised the post even entertains comments like this.

Debbi Wilgoren and Yolanda Woodlee: Interesting comparison.

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Just curious: Why isn't failing to pay $250,000 in taxes a felony rather than a misdemeanor?

Debbi Wilgoren and Yolanda Woodlee: Failing to file federal tax returns is a misdemeanor offense. Filing fraudulent returns or engaging in a pattern of concealing income from the IRS is a felony. Prosecutors rarely pursue criminal charges in cases that center on an individual who fails to file tax returns, unless they have failed to file for three years or more.

Prosecutors pointed out that Barry did not ask his employers to conceal the fact that they had paid him as a consultant. Barry also immediately took responsibility when confronted by prosecutors this fall, they said. He was willing to plead guilty, and indicated that he would vigorously pursue negotiations with the IRS on how to pay what he owed.

Then, after failing the drug test, Barry seemed to drag his feet. But by that point, the plea agreement was signed. Prosecutors said they could not switch positions and seek jail time for Barry unless they could prove he had violated the plea agreement. And while Assistant US Attorney James Cooper said in court that Barry had violated the spirit of the agreement by moving so slowly, he conceded that Barry still was technically in compliance with the agreement.

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Washington, D.C.: What is, or what will be, Marion Barry's legacy?

Debbi Wilgoren and Yolanda Woodlee: He ain't dead yet. We think his legacy, while partially written, is still to be determined, especially given his legendary ability to survive, and reincarnate himself, as the years go by.

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Clinton, Md.: How can Barry be broke if he made $530,000 over a five year period? I make less than half that, support my wife and kids, pay my taxes and we even have some savings. This is a role model?

Debbi Wilgoren and Yolanda Woodlee: We just don't know. This was not explained in court.

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Washington, D.C.: Is it true that Barry has been absent from the council and his committee assignments more than 50% of the time since January? Is this because of his poor health or apathy on his part. I know he has said in the past that a council member's best work is done in the ward. Is that where he has been during some of these absences?

Ward 8 Inquirer

Debbi Wilgoren and Yolanda Woodlee: While our colleague Eric Weiss reported last year that Barry misses a considerable number of votes and Council meetings (a link should be coming soon), he's been pretty active in recent months on the baseball stadium negotiations.

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washingtonpost.com: In Ward 8, Barry Strives to Reshape Legacy (Post, Aug. 22)

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Small Town in Kansas: My Dad went to jail for 6 months in the 1980's for not really tax evasion, but mishandling his employees' withholding, He had no criminal record and the amount involved was under $5,000. My family was ruined. My parents had to leave town. I had to stay, because I had recently married a hometown boy who worked in his father's business and we had nowhere else to go. Needless to say, I think the Barry "sentence" is an outrage. I like to think that what comes around goes around, but where Marion Barry is concerned, this is clearly not true.

Debbi Wilgoren and Yolanda Woodlee: We can't really compare the two cases, given the different jurisdictions, eras and facts. But we tried our best in other postings to explain what we know of why Barry's case ended up as it did. One thing Debbi was told repeatedly yesterday was that, while the judge could have publicly scolded Barry or even given him some jail time, the conditions she imposed on his probation seemed in line with what most lawyers expected.

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Fairfax, Va.: Barry didn't pay his taxes from as far back as 1999. Why did the IRS and the DC government let this go on for so long? Simply because he's Marion Barry?

Debbi Wilgoren and Yolanda Woodlee: There's no suggestions it has anything to do with who he is. Many people charged with failure to file seem to be caught after a period of several years. As Yolanda and our colleague Carol Leonnig reported last fall, the Internal Revenue Service urged Barry to file tax returns for at least three years before launching the criminal investigation. The IRS sent delinquency notices to Barry as early as 2002 and eventually assigned fraud investigators to the case.

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washingtonpost.com: Barry Had Been Warned on Taxes for 3 Years (Post, Oct. 6)

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Annandale, Va.: Isn't there a double standard here, regarding Marion Barry's failure to pay taxes? After all, Eleanor Holmes Norton failed to pay her DC taxes for seven years. Of course, she blamed her husband and wasn't hauled into court. I just find it deliciously ironic that the "Taxation Without Representation" crowd finds it inconvenient not to pay taxes.

Debbi Wilgoren and Yolanda Woodlee: Well, while some activists have suggested that withholding taxes is a legitimate way to protest the District's lack of voting rights, neither Norton nor Barry raised this as their defense.

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Anonymous: There were persistent rumors of Marion's alleged drug and sex addiction on the street for many years before his high profile crack bust. I don't want or expect names but I'm curious whether there are similar rumors surrounding any other prominent local politicians that you've heard lately? Have times changed or is it just the individuals involved?

Debbi Wilgoren and Yolanda Woodlee: We don't publish rumors.

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Bethesda, Md.: The racial question from Takoma Park was out of line and uncalled for. Period. This ISN'T about race. P.S. I am white.

Debbi Wilgoren and Yolanda Woodlee: There are certainly lots of people in the District who think everything -- or at least everything having to do with Marion Barry -- is somewhat about race. But we think this poster makes a good point. For the record, the lead prosecutor and the judge were both black, along with Barry's lawyers.

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Bethesda, Md.: The graffiti artist known as Borf spent 30 days in jail for a far less serious offense. How is this fair? What should society learn from this and is that lesson a good one?

Debbi Wilgoren and Yolanda Woodlee: Borf caused tens of thousands of dollars in damage around this city and elsewhere, showed no remorse and kept spreading graffiti even while he was awaiting sentencing. We are not in a position to say what is or isn't fair, but I don't think those who investigated and prosecuted Borf would agree that his offense is "far less serious."

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Debbi Wilgoren and Yolanda Woodlee: There are lots more questions, but we seem to have touched on all the major themes, and we have to get back to work. Thanks to all who wrote in.

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