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At 10 a.m. today, Marion Christopher Barry stood before Superior Court Judge Harold L. Cushenberry with good news to report: He’s clean.
In fact, according to his court-appointed drug tester, his urine has come up drug-free 11 times in recent weeks. Barry’s run of pure whiz marked his first consistent stretch of compliance with a court order stemming from his arrest for assaulting a police officer in February 2005.
Barry’s attorney A. Scott Bolden argued that his client’s stint of clean living should mean the end of Barry’s court requirements. Prosecutors had agreed that if Barry stayed in compliance for three months they would dismiss the case. “He was clean for a total of three months,” Bolden stated.
Well, except for April.
As had been previously reported by City Desk and other news outlets, Barry was arrested on April 16 for operating a vehicle owned by his father, Ward 8 Councilmember Marion S. Barry Jr., without a valid driver’s license. The police report also indicated that the car had the wrong tags. In a previous hearing before Cushenberry on May 3, the U.S. Attorney’s Office revealed that Barry had also failed a drug test. (One law-enforcement official stated outside the courtroom today that he failed “at least two” drug tests.)
Prosecutor Alessio D. Evangelista argued before Cushenberry that Bolden got his math wrong—that Bolden had in effect rounded up. He added that at the previous three-month mark in early May, Barry “was not in compliance.”
Cushenberry ruled that Barry must continue with the court-ordered piss tests; he set a new hearing date for Aug. 2.
Outside the courthouse, Bolden, who is seeking the at-large D.C. Council seat currently occupied by Phil Mendelson, continued to press his fuzzy-math argument: “[Barry’s] been drug free since April 11. It may have taken him four months to be in compliance for three months.”
As to Barry’s failing more than one drug test, Bolden says, “Whatever the record is, I’m not going to comment on that.” He says that his client will be clean on Aug. 2.
Barry himself issued a no comment: “I can’t talk about nothing. The case is still going on.”