Marion Barry - 1990 Arrest

1990 Arrest

By late 1989, federal officials had been investigating Barry for six years on suspicion of illegal drug possession and use; that fall, they were able to make cases against several of Barry's associates for past cocaine use, including Charles Lewis – a native of the U.S. Virgin Islands who was implicated in a drug investigation involving Barry and a room at Washington’s Ramada Inn in December 1988 – and a former girlfriend, ex-model Rasheeda Moore.

On January 18, 1990, Barry was arrested with Moore in a sting operation at the Vista Hotel by the FBI and D.C. Police for crack cocaine use and possession. The incident was widely broadcast on television, showing an enraged Barry excoriating Moore, who had become an FBI informant. The outburst, in which Barry muttered, in part, "Bitch set me up," became a popular quote associated with Barry.

Barry was charged with three felony counts of perjury, 10 counts of misdemeanor drug possession, and one misdemeanor count of conspiracy to possess cocaine. The criminal trial ended in August 1990 with a conviction for only one possession incident, which had occurred in November 1989, and an acquittal on another. The jury hung on the remaining charges. Six or seven jurors (of whom two were white and the rest black) believed that the evidence against Barry was overwhelming and that he had displayed "arrogance" during the trial. Against these, five black jurors were convinced that the prosecution had falsified evidence and testimony as part of a racist conspiracy against Barry, and even disputed factual findings that had not been contested in court. After scolding the jurors for not following his instructions, the judge declared a mistrial on the remaining charges.

As a result of his arrest and the ensuing trial, Barry decided In June 1990 not to seek re-election as mayor. Barry was sentenced to a six-month federal prison term in October 1990. After his arrest and through his trial, Barry continued as mayor. He even ran as an independent for an at-large seat on the council against 74-year old incumbent Hilda Mason. Mason, a former ally who had helped Barry recuperate after the 1977 shooting, took the challenge personally, saying, "I do feel very disappointed in my grandson Marion Barry." Mason was endorsed by a majority of the council members and by Jesse Jackson, who was running for shadow senator.

Barry was sentenced to six months in federal prison shortly before the November election, which he lost – in the first (and to date only) electoral loss of his career – despite doing well among the voters of Ward 8. His wife and son moved out of the house later that month. In October 1991, Barry surrendered himself at a correctional facility in Petersburg, Virginia. While serving his time, Barry was accused of letting a woman perform oral sex on him in a prison waiting room, a charge Barry denied. Barry was transferred to another federal prison in Loretto, Pennsylvania. Barry was released in April 1992.