Following are excerpts from yesterday's closing arguments by defense attorney R. Kenneth Mundy:

Good morning, ladies and gentlemen. Permit me, if you would, please, a few more general observations before we turn to the government's specific witnesses.

Yesterday, Miss Retchin said that our government cannot function well if the mayor of the city is using drugs. That coin has a reverse side, and our government doesn't function at all when it stoops to the entrapment and the lure and the enticement that you have seen here today. If, as the government would have you believe, and if, as the government would indicate to you through its witnesses, that Mr. Barry's drug use was so rampant and widespread and so blatant, then he could have been caught or he could have been discovered in a more standard means.

The government went to great lengths, great lengths to catch Mr. Barry in a misdemeanor, a misdemeanor. The mildest form of crime known in our set of laws. The government, in effect, used a sledgehammer to kill a fly.

I have had overnight to think more about Miss Retchin's parable concerning the general leading his forces in warfare, and a more thoughtful response after time allowed would be this: If the general is doing that, the proper thing is to cancel his commission. The proper thing is to recall him.

Well, ladies and gentlemen, the court is going to tell you when he comes into this court and when he stands before you and when you took your oath, he is being tried as a man, not as a mayor. Don't convict him because he is the mayor and don't acquit him because he is the mayor, but the government has indicated that were he any other common man he wouldn't be here for these offenses.

And with that I will return to the theme I struck yesterday, and, ladies and gentlemen, I will say it again, despite all of the protests and the denials, Mr. Barry was an occasional user of cocaine. It may be something you can understand, and it is difficult, it is difficult for a proud person who draws his strength from the office he fills to stand up . . . and say "I use cocaine."

And concerning another point, the government tells you that Mr. Barry had been proven guilty beyond a reasonable doubt by a parade of witnesses, and I want to show you that it all started with Charles Lewis. One thing he is, Charles Lewis is a survivor, and then when the voice that Charles Lewis gave to the theme the government wanted played wasn't enough, he went out and got some of his friends as additional choir members in the FBI's glee club, and specifically you will note that all of these persons, Charles Lewis began cooperating on August the 11th, 1989.

Now, I guess people get wake-up calls from the strangest places. Charles Lewis got his when he was setting in a prison in the Virgin Islands. Rasheeda Moore got hers when she was setting in a shelter home, a shelter house in California. These are the principal witnesses. These are the two survivors. These, Rasheeda Moore and Charles Lewis, are the persons, the beginning and the end. And both of them got the strangest wake-up calls. Charles Lewis didn't get a wake-up call until he got imprisoned or was facing big time in the Virgin Islands.

Isn't the government still holding the sword over his head? He is still facing whatever time he has in the Virgin Islands and he knows this government has to initiate the request for . . . relief telling the judge to be lenient, to give him a break.

Do you believe for one minute that Mr. Barry could have continued to function and run the city, a complex . . . city such as the District of Columbia and the government of the District of Columbia, do you believe for one minute that he could have continued to do that, to continue to manage it if he was as rampantly using drugs as Rasheeda Moore says?

And, ladies and gentlemen, Rasheeda Moore indicates that there was such widespread use, and it is not documented. Rasheeda Moore, I submit to you, the improbability of her testimony. One of the points that you will remember about Miss Moore is that she said she had an awakening in August of last year in California. At that time she was really down, down low economically, job, drug use and everything else, and she just made the decision to turn her life around.

Well, she made a half turn, if you believe her testimony, because she kept using drugs. She used drugs right up after the sting, was using government money that she was getting in the witness protection program to buy her drugs. Now, she got a real good deal. She not only gets herself and her three children taken care of at government expense, at taxpayers' expense, but her boyfriend goes along with it.

Now, that is a pretty good incentive for someone to fabricate about other things when they are going to get that kind of a benefit.

I think it is very, very important for you to understand, Mr. Barry is not charged with perjury about his own use of cocaine. None of the questions in the grand jury for which he is charged with perjury ask whether he has ever used cocaine. None of them. He is not charged with perjury or lying about his use of cocaine.

The case is important. It is important to the community, it is important to Mr. Barry, it is important to all of us, and as I have said, Mr. Barry has made mistakes, and Mr. Barry has had his life held up, every seam opened up, and this is the evidence that you have seen, a bunch of people just one step {ahead} of the law themselves as witnesses, a group of people that made deals.

Following are excerpts from the rebuttal by Assistant U.S. Attorney Richard W. Roberts:

Now, when Mr. Mundy addressed you beginning yesterday afternoon, he alluded to how things sometimes get twisted, and then he promptly treated you to, perhaps unintentionally, to a twisting show that started then and carried through to today.

Now, with respect to Mr. Lewis, if Mr. Lewis lied, ladies and gentlemen, about Marion Barry and his drug use and drug possession at the Ramada Inn in Washington, D.C., then all of Mr. Lewis's corroboration lied also.

. . . If Charles Lewis lied about the Ramada and drugs in the Ramada with Mr. Barry, and Charles Lewis lied about drugs and Mr. Barry outside the Ramada and elsewhere, then all of that corroboration that Judy Retchin outlined for you in excruciating detail, that overwhelming corroboration about all those other drug events, just doesn't exist.

Let's untwist a few other things, members of the jury. You heard Mr. Mundy say to you Rasheeda Moore said there was no cocaine in the Virgin Islands. You know better than that, and the transcripts will back up your recollection. Because what did Rasheeda Moore say? Rasheeda Moore told you she didn't recall whether there was cocaine there or not. Rasheeda Moore used cocaine so many times with Marion Barry she just didn't remember that time whether there was cocaine.

Now, she could have come in here, the liar that they say she is, and gotten up there and said there was plenty of cocaine, there was crack, we had everything down there, but she didn't. She just didn't remember, so she passed up that opportunity to lie about something.

Ladies and gentlemen, let's take a look at this defense that you have heard. When Mr. Mundy began to address you yesterday, he mentioned that the defense was focusing upon two counts, two dates: the Lydia Reid Pearson and the Darrel Sabbs dates because they were the only precise dates they had.

I guess that is supposed to imply that the grand jury somehow was unfair . . . .

Well, guess what, ladies and gentlemen, these other counts are just as precise . . . .

Now, members of the jury, don't be distracted by the whining about precision on dates, particularly since, members of the jury, a date is not a charge. The charge is possession, and there is no doubt about the defendant's underlying conduct of possession of cocaine or crack in the possession counts for which he is charged.

. . . The defense is, "I didn't do it. All the government's 25 or 30 some-odd witnesses are lying. But if I did do it, then the devil made me do it, and don't convict me because the government was out to get me."

"Out to get me." Well, do you know what the sad fact is, members of the jury? Marion Barry was out to get himself . . . . Can the defense look at you seriously and say that there is no evidence that Marion Barry was predisposed to using a controlled substance?

No predisposition? . . . Look at all of these uses. Now, you remember the testimony of all the witnesses who took the stand and they talked about dozens and dozens and dozens of instances of crack possession, crack smoking, cocaine snorting and other kind of drug possession.

Members of the jury, think how much volume of cocaine Marion Barry has inhaled into his lungs or snorted up his nose or had blown into his mouth through a freeze or whatever it was, he used it. Marion Barry was out to get himself.