Excerpts from opening statement of defense attorney R. Kenneth Mundy:

The government said this is a case when it started about deceit. I would like to strike a theme, too. This is a case about deals the government made with the devil. For over a year and a half this case has been tried in the newsrooms, but now it is going to be tried in the proper place, in this courtroom.

I call on you do to what you assured us during the long two weeks of your voir dire examination that you would do and that you could do; That you would erase from your minds, that you would scratch from your memories all of the rumors, all of the gossip and all of the headlines as the heraldry, all of the editorial commentaries, the news hype, the press releases, and all of the fanfare that has preceded us. I ask you also, as the judge has instructed you to do, to clean the slate as you will be required to do and as you promised us you would do with the presumption of innocence.

. . . . Seven years ago the government made a determination and a quest that it was going to get Mr. Barry and the government was going to go to any length and any expense, expense that you will hear about, exorbitant expense to make a case against Mr. Barry, and the evidence will show that in that quest they . . . reached into the inner recesses of humanity and brought forth such persons, three notorious drug dealers, Mr. Mohammadi, Mr. Charles Lewis and Mr. James McWilliams.

. . . . The evidence will show that the government reached out to these people . . . . That Mr. Charles Lewis in his effort to please the government and save himself was willing to put any music and any lyrics to whatever tune the government wanted him to say.

. . . . The evidence will show, ladies and gentlemen, that Mr. Mohammadi made a deal with the government in 1982 to turn in other persons with whom he was involved in criminal activity. The evidence will show that in 1988 Mr. Mohammadi again, not having learned his lesson from his criminal activity in 1982, again turned to the government to save himself and turned in new evidence.

. . . . The evidence will show that Mr. Mohammadi has made a deal with the government, and ladies and gentlemen, the reason this evidence will be critical, the reason this evidence will be relevant is because it sheds an inner light. It sheds an inner light on the credibility and the believability of these witnesses. It will hold up, the evidence will, to the sunshine of disinfectant with respect to the government's evidence . . . and then, ladies and gentlemen, the evidence will show that "Rasheeda" Moore . . . went before the grand jury and she, too, told one story in 1988 and then another under the same oath later.

The evidence will show . . . that for the Vista Hotel . . . the government provided the atmosphere, the accommodations. It provided the bait and it provided the booze. It provided the pipe and it provided the drugs. It provided the know-how in Ms. Moore showing Mr. Barry how to light the pipe and how to work the pipe, and it provided the fun. The evidence will show, ladies and gentlemen, entrapment, pure and simple.

. . . . The evidence will show that she plotted, she planned with the government, with the FBI, with the DEA. The evidence will show that she insisted that he come up to the room. The evidence will show that there in the room she had his favorite drink, cognac, and with polite reminiscence about their past that she warned him. You watch with your own sense of perception. You hear the words yourself. You watch the videotape. You see who brings up the subject of drugs. You watch.

. . . . And the evidence will show that Ms. Moore then got the drugs that the government had obtained from another investigation, drugs the government got from its storehouse of drugs and gave to her to give to him, and the evidence will show that Ms. Moore provided the pipe . . . she showed him how do do it . . . She asked him does he want some and the evidence will show he says no, I don't want any.

. . . . The evidence will show {that Charles Lewis} was on the downward side of the mountain, and the evidence will also show that he invited Mr. Barry to the Ramada, and the evidence will show that of the four instances alleged . . . that the government has one pitiful witness on that, Mr. Lewis, except for one instance in which he is joined by his cohort in drug dealing, Mr. James McWilliams.

With respect to the conspiracy, the government is going to show that there were isolated instances much like a wheel. The evidence will show that there was not uniformity, there was not cohesion and the evidence will not show that there was a concert of effort among any of the persons and Mr. Barry with whom he is charged in the indictment.

The evidence will show instead at the best, assuming it shows that, isolated instances unrelated to any conspiratorial conduct. The evidence will show conspiracies, for they will show a conspiracy between Mr. Lewis and Mr. McWilliams, to import drugs . . . . But we respectfully suggest to you that the evidence will not show, and you listen and you will be the judges of the evidence, unitary, unified conspiracy between Mr. Barry and the individuals with whom he is accused.

. . . . The evidence will show that Mr. Lewis was willing to be a man for all seasons for the government, their man Friday, and the evidence will show that Mr. Lewis, facing very serious charges, was finally bent into position to cooperate and come forward with the statements, the music and the lyrics that the government, the investigators wanted to hear . . . .

Finally, ladies and gentlemen, Mr. Roberts ended with a note that I, too, would like to end with, and that is precisely this: Pretty soon, in a few weeks and I know in a shorter time, many of you hope, this case will become history. The work of the lawyers, to fight hard, to be zealous, but be fair, will be over. The work of the court to preside fairly and impartially will be over. Your fulfillment of your duties to be conscientious and to be fair will be over, but this case is important to both the government and to Mr. Barry. It is important to the city. It is important to more than just that. It is important to a way of life, and I ask only that you listen intently to the evidence you will hear, the documents you receive, the instructions you will receive and give counsel for both of the sides . . . the benefit of hearing what we say the evidence indicates.

. . . . I ask you to listen carefully to the evidence which you will receive and from the evidence and the cast of characters the government put together, you will see that there is reason not to believe, there is reason to discredit. You will see from the evidence that following Mr. Barry's arrest on January the 18th, 1990, the government issued almost a blanket amnesty to any person out there involved in drugs, to any person out there dealing drugs. Now is the time to come forward, the government said, and save yourself and help yourself and tell us what you can about Mr. Barry.

That is what the evidence is going to show, and then after that sorry event of January the 19th when the government opened the floodtide or the floodgates, for every crack and crevice for someone to come forward about Mr. Barry, and from it limped the five new charges of specific alleged drug use and the conspiracy charge.

From January the 19th the government continued to endeavor, continued to solicit, enlist, give open amnesty to drug dealers and drug traffickers, come forward and give us what you can about Mr. Barry and from those limps the new charges are the later dated charges.

Ladies and gentlemen of the jury, I respectfully ask you to listen to the evidence, to be dutiful, to be fair, to be conscientious. Thank you very much.