The presiding judge at D.C. Mayor Marion Barry's trial yesterday barred Bishop George Augustus Stallings Jr. from attending the trial, saying his presence might be disruptive -- the second day in a row that the judge has ordered someone excluded for that reason.

At the same time, the American Civil Liberties Union announced that it would file an appeal of the judge's actions, including his move Thursday to bar Nation of Islam leader Louis Farrakhan from the courtroom, arguing that both decisions interfere with Barry's right to a fair and open trial. The local office of the ACLU is acting on Barry's behalf, according to its executive director, Arthur Spitzer.

Barry, in a brief news conference on the courthouse steps yesterday, said he was "amazed" that both men had been barred from the trial, where seating has been dominated by the media.

"I can't comment on this particular matter, except to say that this is a public trial," Barry said. He added he could "not understand why any citizen" who wants to use one of the four courtroom passes provided to the defense cannot do so.

"So I think that we are in a totalitarian situation where Bishop Stallings or Minister Farrakhan" cannot attend, Barry said.

"It's like in Nazi Germany," he added, alluding to a quotation attributed to German pastor Martin Niemoller that dramatized the consequences of failing to respond when members of other, seemingly different, groups are singled out for hostile treatment.

Stallings and Farrakhan are controversial black religious leaders who have espoused black separatist views.

On Thursday, U.S. District Judge Thomas Penfield Jackson said that Farrakhan, who arrived to attend the trial but was stopped in the corridor, would be barred for the duration of the case.

"His presence would be potentially disruptive, very likely intimidating, and he is a persona non grata for the {rest} of this case," Jackson said in open court, but out of the jury's presence.

Yesterday as the afternoon session was about to begin, Stallings was stopped by U.S. marshals as he made his way to the metal detector that stands guard at the courtroom's entrance. He got no farther.

Before the trial got underway, R. Kenneth Mundy, the mayor's chief defense attorney, inquired as to why Stallings had been barred.

"He is once again . . . in my judgment, not an ordinary member of the public and his presence would very likely have the same effect as Mr. Farrakhan's," the judge stated from the bench before the jury was ushered into court.

As Jackson added that there were "others who fit the same category," Mundy joked, "Perhaps you should give me the list so we can save some time."

Replied Jackson: "I think you will know them when you see them."

Judges are ordinarily granted wide latitude to bar someone they conclude might disrupt a proceeding.

But Spitzer questioned the right of a judge to bar members of the public without a hearing and a specific finding -- based on strong factual evidence -- that it is necessary to preserve the right to a fair trial.

Spitzer argued that the Supreme Court has said there is a strong presumption that trials should be accessible to the public -- both to protect the defendant's and public's rights to fair and open trials.

"This is probably the most public trial in recent memory and here we are talking about excluding a particular . . . small number of people," Spitzer said. "It seems clear to us that a judge can't arbitrarily pick and choose which members of the public can and cannot attend a public trial."

Spitzer said he would file an appeal Monday before the U.S. Court of Appeals.

Jackson would not comment further on his actions.

Last year, U.S. District Judge Charles Richey ordered the cocaine conspiracy trial of Rayful Edmond III and 10 others closed to the public in an apparently unprecedented move designed to protect the jury.

Within days, the U.S. Court of Appeals overruled him.

Yesterday, outside the courthouse, Stallings alleged that the judge's action shows the "double standard" of justice at work in the Barry case. "I cannot even grace the courtroom where I can witness for myself the rendering of justice under the American system," he said.