Boy, at this rate he'll get re-elected as D.C.'s mayor again.
Enjoy the music.
Prosecutors: 'Jail ex-D.C. Mayor Barry over taxes'
By BRIAN WESTLEY
Associated Press Writer
WASHINGTON (AP) - Prosecutors asked a federal judge Monday to send former Washington mayor Marion Barry to jail for failing to file his tax returns for the eighth time in nine years.
In a motion filed in U.S. District Court, Assistant U.S. Attorney Tom Zeno said Barry, who's also a current District of Columbia Council member did not file his taxes in 2007, violating his probation for previous tax offenses.
Barry, 72, was given three years of probation in 2006 after pleading guilty to misdemeanor charges for failing to file his tax returns from 1999 to 2004. As part of a plea bargain, he agreed to file future federal and local tax returns annually.
Two years ago, however, prosecutors sought to have that probation revoked after Barry failed to file his 2005 taxes. But U.S. Magistrate Judge Deborah Robinson refused, ruling that prosecutors did not prove Barry willfully failed to file his returns, even if he was aware that he missed the deadline.
In Monday's motion, prosecutors noted that Barry has now failed to file his taxes on time for the eighth time in nine years and called his conduct "indefensible."
"It is not acceptable for any citizen to shirk a basic civil duty, let alone a former mayor and a current city councilman who has been responsible in the past and continues to be responsible for spending public funds collected from District of Columbia taxpayers," the motion states.
If the judge decides not to send Barry to jail, prosecutors asked for a hearing so that Barry can explain his conduct and prosecutors can seek to extend his probation by two years.
Barry's attorney, Frederick Cooke, did not immediately return a telephone message seeking comment. Barry's spokesman, Andre Johnson, declined to comment.
Barry served four terms as mayor. In 1990, during his third term, he was videotaped in a hotel room smoking crack cocaine in an FBI sting. He served a six-month prison sentence and in 1994 was re-elected to the mayor's office for another four-year term.
