Following are excerpts from the closing arguments of defense attorney R. Kenneth Mundy. Mundy delivered only part of his closing argument and is to continue today.
Ladies and gentlemen of the jury, I want to start at the beginning by not insulting your intelligence. I want your respect and I want you to be able to follow the evidence as we summarize it for you, and so I will start right from the beginning by telling you that we do not intend to indicate or claim that Mr. Barry did not use cocaine.
We do not mean for one moment to give you the impression that there was not a use of cocaine, occasional use of cocaine by Mr. Barry during the period in time that we have evidence about, but I also want to tell you that that is not what the case is about.
Mr. Barry is not being tried because of what you might consider to be sexual improprieties or sexual promiscuity. He is not being tried for a general use or for wrongs that he might have committed. He is being tried for specific counts, except for . . . the conspiracy charge he is being charged for specific instances of alleged misconduct, and in order for you to convict him you must be satisfied beyond a reasonable doubt of his misconduct as alleged specifically by the government in the indictment. . . . Nor do we mean to indicate that there was not some type of conduct that was not popular or not appropriate, but, ladies and gentlemen, you sit in a jury box, you don't sit in a ballot box. You are performing a service now as jurors, not as voters, and it is not whether you like Mr. Barry, whether you like Mr. Barry's lifestyle or whether you like things that have been paraded here about Mr. Barry. The question is whether the government has proven guilt beyond a reasonable doubt . . . .
Our society is a society of laws, and even those who seek to enforce the laws are governed by certain responsibilities, and the danger with . . . the sting that was conducted at the Vista Hotel is that it cuts at the very fabric of our entire society. It might be Mr. Barry today and somebody else tomorrow . . . .
One of the things that the government did deal with that I want to start with now is the matter of Lydia Pearson, Mr. Roberson and her alleged visit to the Reeves Center on September the 7th, 1988 . . . . What Miss Pearson said was that she arrived after 10. Say she arrived at 10:10 or 10:15 and then she says she waited 15 minutes, that makes it about 10:30, so if you accept any part of Miss Pearson's testimony it seems that this would put her in contact with Mr. Barry at about 10:30.
Now, the government . . . didn't say one thing about Ola Ruth Jones who didn't even know Mr. Barry, who has no reason to fabricate. Ola Ruth Jones was the assistant manager of the Safeway, you will recall, that was being opened, and she said that Mr. Barry didn't leave there until about 10:30.
Miss Retchin didn't say anything about Lloyd Smith, the gentleman who had organized and brought together this particular affair. He specified what time Mr. Barry arrived, about 9:40 or 9:45 and what time he left, about 10:30.
The government didn't say anything about Chief Alfred of the fire department who got on this stand and testified that Mr. Barry arrived at approximately 10:30.
The government didn't say anything about Mr. Yeldell who got on this stand and said that Mr. Barry arrived at Gremke School where Chief Alfred said he also arrived at approximately 10:30 . . . .
Now, ladies and gentlemen of the jury, why did we concentrate so much on September the 7th, 1988, Lydia Pearson? Let me tell you why. There aren't but two government witnesses with respect to the substantive counts that are before you that got on this stand and gave a precise date where they claim it happened.
Darrel Sabbs, and we will deal with him, said August the 26th, 1989, because he was here attending a 20-year high school reunion, Lydia Pearson said it was September the 7th, 1988, at about 10:15 or 10:30 . . . .
Those are the only two precise dates that we have a chance to contradict, and look what we did with Miss Pearson . . . .
There was one witness that testified for the government, and we will go to that tomorrow, the charts will be up, and I remember it was Rasheeda Moore. She couldn't remember what month in the whole summer it was . . . . Now, you tell me how anyone could disprove that charge if we had the burden to disprove it. I mean, we can come up with evidence for Monday and they will say well, it was on Tuesday . . . .
So ladies and gentlemen, the significance of the Lydia Pearson count, and I believe it is count 7, the significance of that count is that when we were presented with precise date and time we were able to go out and bring in Mr. Barry's official schedule. We were able to bring in witnesses . . . .
Ladies and gentlemen of the jury, tomorrow morning I am going to start with each and every one of the government witnesses. I am going to take you to passages in the transcript, but most, perhaps, important of all is what Charles Lewis said when Charles Lewis was on the witness stand. This is probably more important and more characteristic of the government witnesses than anything else. Charles Lewis said self-preservation is the most important consideration . . . . And we will deal with Mr. Lewis in great detail as we will with Rasheeda Moore tomorrow.
But one of the most important things and one of the most important considerations that you can have is that every one of those witnesses who the government got to come in here testified in large measure about one-on-one situations. It was just them and the mayor. In each and every one of the substantive counts it was one-on-one. It is their word against the mayor . . . .