WASHINGTON -- Mayor Marion S. Barry Jr.'s attorney yesterday dropped his request for a retrial on Mr. Barry's lone guilty count of cocaine possession, and his request for a delay in sentencing was denied. This means Mr. Barry will be sentenced Friday, 11 days before voters decide whether to elect him to an at-large City Council seat.
Mr. Barry was convicted Aug. 11 after a racially divisive 10-week trial in U.S. District Court on 14 drug-related charges. The jury found Mr.Barry not guilty of another possession count and was unable to reach a verdict on eight other counts of possession, one count of conspiracy to possess cocaine and three felony counts of lying about his involvement with drugs.
Judge Thomas Penfield Jackson declared a mistrial on the unresolved charges, and prosecutors announced last month they would not retry the mayor. But Mr. Barry's attorney, R. Kenneth Mundy, filed a motion for a new trial on the guilty count, saying that two jurors had been tainted when they saw a federal drug sting operation at the hotel where they were sequestered during the trial. Mr. Barry had been arrested in a similar operation, and its validity became an issue in his case.