At the same time an Alexandria indictment against a figure in Northern Virginia's bingo games was being dismissed yesterday, a Fairfax County grand jury was naming the man in a similar indictment.
In the Alexandria case, Circuit Court Judge Wiley R. Wright Jr. said the indictment against George Leonard Berry, an Alexandria baking company employe, was "fatally flawed" and ordered it dismissed. Wright said the indictment accusing Berry of gambling stated a "conclusion" about Berry's alleged involvement in the games without stating facts.
Wright's statements came as Berry, Alva Ford Thompson and United Charities Inc., a firm Thompson owns, were named in Fairfax County gambling indictments.
However, the judge told Alexandria's special bingo prosecutor, Edward J. White, he could seek a new grand jury indictment against Berry on the same circumstances. White said after yesterday's hearing that he would seek to reindict Berry at the next meeting of the grand jury Oct. 2.
Wright's comments indicated the possibility of further technical problems in the similarly-worded Alexandria indictments against four other people, including Alexandria Commonwealth's Attorney William L. Cowhig.All are charged with running illegal gambling operations in the guise of bingo games.
"My concern is this: 'Illegal gambling' is a label put on certain activities, but (the indictment) doesn't define the offense," Wright said. A few minutes later he added that his action was directed only against the "sufficiency of the allegations" in the indictment, and not against the gambling charge itself.
The judge's decision means Berry will not have to stand trial tomorrow on the gambling charge. Wright also put off until Sept. 28 a similar legal challenge to the gambling indictment of John Michael Keator.
In Fairfax County, Commonwealth's Attorney Robert F. Horan Jr. revealed that Berry, Thompson and United Charities were each indicted on one count of running an illegal gambling operation between April 26, 1977, and this May 11 at the Bonanza Playhouse, 7520 Richmond Hwy. The bingo games there were run by the Thompson firm on behalf of three youth groups and grossed nearly $1 million, Horan has said. The clubs received only about $20,000 of the receipts, he has said.
Fairfax Circuit Court Judge Barnard F. Jennings set Berry's trial for Dec. 5, Thompson's trial for Dec. 7 and the firm's trial for Nov. 28. Thompson has also been indicted on gambling charges in Alexandria.
Meanwhile, a federal grand jury in Alexandria investigating both bingo and massage parlor activities heard testimony yesterday for the first time about Michael Louis Parrish, described earlier by the FBI as the operator of "the largest, most sophisticated, commercialized prostitution business" in the Washington area.
Four former masseuses, one a teenager, were called to testify about Parrish's once-flourishing massage parlor and out-call massage business, which the FBI has said grossed more than $1 million annually.
Sources said the testimony of the women paralleled an extensive FBI affidavit filed in federal court earlier this year in connection with midnight raids on Parrish's Fairfax home and 11 area massage parlors.
The grand jury is not expected to issue indictment for several months, according to sources. The federal grand jury is hearing testimony about possible violations of interstate prostution, narcotics, gambling and tax laws, sources said.