Chief judge overturns ruling in Barry probation case
The Associated Press
Apr 26, 2007 10:05 PM (9 hrs ago)
Current rank: # 3,147 of 6,118
WASHINGTON - A federal judge ruled Thursday that federal prosecutors may ask the court to revoke District of Columbia Councilman and former Mayor Marion Barry's probation on misdemeanor tax charges.
The ruling by U.S. District Court Chief Judge Thomas F. Hogan overturns a magistrate judge's decision that kept Barry, 71, from being sent to jail for missing deadlines for filing his 2005 tax returns.
Barry pleaded guilty in 2005 to misdemeanor charges for failing to file tax returns from 1999 to 2004. As part of his plea bargain, Barry agreed to file future federal and local tax returns annually.
Barry filed the returns only after the U.S. attorney's office alerted the judge and prosecutors argued that he had violated a plea agreement that put him on probation for three years.
U.S. Magistrate Judge Deborah A. Robinson ruled March 12 that prosecutors had no authority to ask for anyone's probation to be revoked and that only the U.S. Probation Office could notify her of violations. But Hogan granted prosecutors' appeal, ordering the case returned to court for a ruling on its merits.
"While the United States Attorney may exercise discretion in deciding whether to move for revocation of probation, it is the court that decides whether to grant the motion," he wrote.
Probation officials have not issued a recommendation on Barry's probation. But in his order, Hogan said the court could consider whether the office believes he is in violation.
Barry also faces a trial in D.C. Superior Court in June for several unrelated traffic offenses.
Mayor Barry!
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Demosthenes
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Mayor Barry!
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Nikki
From local news radio:
Agreed 100%. Barry has proven himself fully capable of embarrassing himself and the entire city without any outside assistance.WTOP Radio
WASHINGTON -- A recent ruling by a federal judge means D.C. Councilmember Marion Barry may have to go to jail for violating his parole.
Barry pleaded guilty in 2005 to misdemeanors for failing to file tax returns covering 1999 to 2004. As part of his plea bargain, Barry agreed to file future federal and local tax returns annually.
Prosecutors now charge that Barry missed deadlines for filing federal and D.C. tax returns for 2005.
Speaking on WTOP's "Ask the Mayor" program, D.C. Mayor Adrian Fenty says Barry deserves no special treatment.
"Marion Barry is a colleague in government," Fenty says. "I'm not going to make any personal statements about him, but … we have a system of laws and they should be applied uniformly to everyone."
Barry told WUSA-TV that he has "met every condition of my probation."
"They're trying to harass me and embarrass me, and they ought to stop it," he said.
(Copyright 2007 by WTOP and The Associated Press. All Rights Reserved.)
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Nikki