D.C. Mayor Charged on 1 Drug Count : Lawyer Says Barry Will Plead Not Guilty to Misdemeanor

WASHINGTON —  Mayor Marion Barry, who has repeatedly denied using narcotics, was charged today on one count of possessing highly addictive “crack” cocaine in a episode filmed by undercover police.

The flamboyant Barry, one of the best-known and most controversial black politicians in America, was charged in a federal court after his arrest Thursday night in a police “sting” that used a female acquaintance as bait and a hidden camera to record evidence.

Barry, 53, led into court past a crowd of reporters and chanting supporters, entered no plea during the brief proceeding in which he was charged only with a misdemeanor and not a felony, which carries much heavier penalties.

The judge said the misdemeanor crack cocaine charge, based apparently on the amount of the drug involved, would carry a maximum possible penalty of one year in prison and a $1,000 fine.

Barry was released without having to post bail pending a hearing scheduled for Feb. 5 to set a possible trial date. As a condition for his bail, officials said he will have to take weekly drug tests beginning Monday.

During the brief appearance before U.S. Magistrate Deborah Robinson, Barry waived his right to a preliminary hearing, but his attorney said he will insist on a jury trial and will eventually plead not guilty.

Among the evidence presented at the hearing was an FBI statement that Barry had tested positive for cocaine use in both blood and urine tests taken after the arrest.

Barry has governed Washington for more than a decade as the powerful leader of its majority black community--a man seemingly impervious to controversy that might have felled other men--and had planned to announce this Sunday that he would run for a fourth term. His staff said that announcement has been placed on indefinite hold.

He was arrested Thursday night in a hotel about six blocks from the White House in a room rented by FBI agents and, according to an FBI affidavit filed in court, bought crack cocaine there from a female acquaintance while a hidden camera clicked away.

The mayor appeared calm although grim as he made his way out of the U.S. District Courthouse through a pressing crowd of reporters. He did pause long enough to deliver one of his patented cool dismissals of the latest controversy clouding his future.

He said he could not comment in substance on the case because it is still before the court, but added:

“I am going to leave here and go about the business of government.”