Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, May 8, 1990 TAG: 9005080433
SECTION: NATIONAL/INTERNATIONAL PAGE: A3 EDITION: METRO
SOURCE: The Washington Post
DATELINE: WASHINGTON LENGTH: Medium
Stephens, who made the disclosure in a response to defense motions in Barry's drug case, also said that a chemical analysis of the mayor's hair obtained after his arrest Jan. 18 showed evidence of repeated cocaine use during the previous six weeks.
The issue of previous cocaine use by the mayor could be critical if Barry asserts at his trial that he was entrapped by law enforcement agents into smoking crack at the Vista Hotel, legal experts have said.
Barry's attorney, R. Kenneth Mundy, could not be reached for comment.
Barry was arrested at the Vista and charged with possession of cocaine after agents made videotapes of the mayor allegedly smoking crack in the room of FBI informant Hazel Diane "Rasheeda" Moore, a former Barry girlfriend. Previously, a former D.C. employee, Charles Lewis, said in court that he and Barry used drugs at the Ramada Inn in December 1988.
Stephens said in one court document that he would introduce testimony "that on scores of occasions (Barry) provided illegal drugs to, or obtained drugs from, or used illegal drugs with more than 10 persons other than Ms. Moore or Mr. Lewis at numerous private residences, hotels and business establishments in the District of Columbia and several other places within the mainland United States, as well as the U.S. Virgin Islands and the Bahamas."
The Washington Post has reported that Stephens is prepared to seek additional charges against Barry, and that the charges would be based on testimony from longtime friends and associates who have told investigators they have used drugs with the mayor or have been provided drugs by the mayor. Under federal law, distribution of drugs - even if the drugs are given away - is a felony.
Sources said Monday that Stephens could seek those additional charges within the week. It could not be determined whether the new charges would be made part of the existing case or would be the basis of a new, separate indictment.
Stephens did not refer to any new charges Monday, but he said the witnesses would testify about instances since 1984 in which Barry possessed cocaine.
Stephens said in the documents that the witnesses would testify about instances since 1987 in which Barry used crack.
Barry is facing trial June 4 on an eight-count indictment that alleges he lied to a federal grand jury in January 1989, and that he possessed crack cocaine in December 1988 and on the night of his arrest in January.
Barry's defense lawyers have filed motions seeking to exclude testimony about any previous supposed drug use by the mayor. Stephens's response Monday urged U.S. Distrct Judge Thomas Penfield Jackson to allow the testimony, arguing that it would be relevant to show Barry was not coerced into smoking crack at the Vista.
Also Monday, Stephens urged Jackson not to separate the Vista possession count from the remaining seven perjury and possession counts. Barry's attorneys had asked Jackson to sever the charges.
by CNB