Additionally, an article on Thursday misstated witness Lydia Reid Pearson's relationship with Barry. Pearson testified that she was introduced to Barry by FBI informant Hazel Diane "Rasheeda" Moore, and that she sold crack to Barry. Pearson did not have an intimate relationship with the mayor. (Published 7/21/90)
Prosecutors wound up four weeks of testimony yesterday in the drug conspiracy and perjury trial of D.C. Mayor Marion Barry by presenting car telephone logs showing that from 1986 to this year, Barry made 2,312 calls to 10 people who allegedly bought cocaine for him or used it with him.
U.S. District Judge Thomas Penfield Jackson also turned down a request by Barry's attorney, R. Kenneth Mundy, to dismiss 10 of the 14 counts in Barry's indictment and said he would rule today on the other four: three counts of drug possession, including the count arising from the Jan. 18 FBI sting at the Vista Hotel, and the drug conspiracy count.
The first defense witness, D.C. police Sgt. James Stays, a member of Barry's security detail, is expected to take the witness stand today. Mundy said yesterday he expects the defense part of the case to take a week.
Mundy said he will call an FBI agent, and he may try to elicit testimony about the cost of the Barry investigation. In addition, the defense is expected to try to discredit some drug-using prosecution witnesses by calling witnesses to say that crack can destroy memory.
It appears that the strongest defense arguments for dismissal are on two of the possession charges. The government's attempt to prove the two charges was hobbled yesterday when two witnesses, Doris Crenshaw and Bettye L. Smith -- one witness for each count -- testified that they couldn't be certain that the dates for the offenses mentioned in the indictment were correct.
In 21 days of testimony, the prosecution produced 25 witnesses, of whom 10 said they used cocaine with Barry, in addition to a U.S. Virgin Islands woman who said she used marijuana with him.
The last day of prosecution testimony focused on reinforcing links between 10 alleged co-conspirators -- some of whom do not know each other -- and the person who prosecutors say was the "hub" of the conspiracy: Barry.
Using poster-sized charts and graphic summaries, Assistant U.S. Attorney Judith E. Retchin diagrammed for the jury a month-by-month accounting of calls placed to Barry by his 10 alleged co-conspirators, and the calls Barry made to them.
The 10 are a diverse group: Northeast Washington neighborhood activist Danny Butler, D.C. contractor Tony Jones, accountant Rose Marie "Maria" McCarthy, lawyer Lloyd N. Moore Jr., former model Hazel Diane "Rasheeda" Moore, former restaurateur Hassan H. Mohammadi, advertising executive A. Jeffrey Mitchell, recovering cocaine addict Lydia R. Pearson, investment consultant Bettye Smith and secretary Theresa Southerland.
With the exception of Smith, all of the women have been identified as former girlfriends of the mayor.
Detective Sgt. James M. Pawlik, of the D.C. police's Internal Affairs Division, testified yesterday that he compiled the charts from logs of calls made from Barry's car phones, plus logs of incoming calls made during office hours at Barry's office and after hours through his command center.
Pawlik said investigators did not subpoena records of outgoing telephone calls from Barry's office or home, since those records would have shown only long-distance calls. The count included calls that got a busy signal or were not answered.
The logs showed that the person who called the mayor most often was Rasheeda Moore, who lured him to the Vista Hotel. Over the four-year period, the logs showed that she called the mayor 224 times and that he made 358 calls to her.
But the person who got the most calls fom Barry was Southerland, who testified that she went to the Bahamas to meet Barry in 1987 and 1988 and used cocaine with him there. The logs showed that Barry called her 573 times. There are records of only 36 calls from her to him.
Barry made 508 calls to Smith, who testified that she used drugs with Barry in her home over a seven-year period beginning in 1983.
There were 149 calls recorded from Barry's car phones to McCarthy.
Mohammadi, who testified against Barry under a grant of immunity from prosecution, made 36 calls to Barry, according to the records, while Barry made 243 to him. He told the jury that he regularly supplied Barry with cocaine and sometimes opium.
In the motions for dismissal, Barry co-counsel Robert W. Mance focused most of his energy on attacking the government's conspiracy case, telling Jackson that, at best, the government had shown that Barry was involved in several conspiracies, not in one overall scheme to possess drugs.
But Retchin compared the alleged conspiracy to a "wheel and spoke," with the spokes touching only at the hub: Barry.
Jackson said he was inclined to agree with Mance that there was more than one conspiracy, but said the question of whether there was one conspiracy or several may be "a distinction without a difference" in Barry's case. He deferred ruling on that matter.
Mundy asked Jackson to acquit Barry on the Vista count, saying that "as a matter of law," the judge should rule that Barry was en-trapped into smoking crack. Mundy said that, at the time of the sting, FBI informer Moore had not seen Barry in several months. She could not have known whether the mayor was still using drugs and thus predisposed to smoke crack, Mundy said.
Assistant U.S. Attorney Richard W. Roberts responded that Moore's knowledge about Barry's predisposition was irrelevant. It's not important what Moore knew then, Roberts said, but what the government knew.
Late in the day, a spirited dispute arose over a technical point centering on Mundy's desire to question FBI Special Agent Ronald Stern, who directed the Barry probe.
So far, Jackson has barred Mundy from bringing up the probe's cost and duration. Under federal rules of evidence, Mundy's best chance for doing so would have been on cross-examination, after Stern was called as a government witness.
The rules allow a lawyer to "lead" a witness -- that is, to ask a question in a way that suggests an answer or pose a question requiring only a yes or no answer -- on cross-examination but not on direct examination. Because Stern was not called by the prosecution, that option was not open.
Yesterday, Mundy tried to force the issue by questioning Pawlik about some credit cards and papers that Pawlik saw Stern remove from Barry's pants pocket at the Vista. Pawlik said he never saw Stern hand the items to another FBI agent, but he heard him transferring custody of them to FBI agent Frank Steele.
In perhaps the trial's most heated exchange, Mundy argued with Jackson about whether the cards and papers could be admitted into evidence without Stern there as a prosecution witness to vouch for their authenticity.
In the end, Jackson said the government didn't have to call Stern, and Mundy lost.