Government Wants Barry in Jail; Barry Disagrees
Mike DeBonis reports during a recess:
Marion Barry, wearing a pink paisley tie, arrived 20 minutes early to a hearing to determine whether his probation should be revoked for his failure to file a 2007 tax return on time.
U.S. Magistrate Judge Deborah Robinson convened the hearing 20 minutes late, setting up a virtually unprecedented situation: Marion Barry waiting on someone rather than the other way around.
After a discussion of preliminary matters, Robinson heard arguments from Assistant U.S. Attorney Thomas Zeno and from Barry's Attorney, Frederick Cooke.
Veno argued that Marion Barry needs to be put in jail. "Marion Barry is a man of substance and talent," he said. "And he should not use those gifts to avoid paying taxes."
"We believe that the fact of the incarceration is the important fact, not the length."
After that Cooke made his arguments. To have Robinson revoke Barry's probation, prosecutors have to prove that he willfully disregarded its terms. Cooke argues that since the government has been "overly aggressive" in its pursuit of this matter, Barry couldn't have possibly willfully disregarded the terms of his parole.
"There was no way this defendant was not going to pay his taxes and get away with it. There was no upside to that."
Barry was distracted by health problems, Cooke argues. Failing to file the 2007 return was an oversight.
Cooke has asked that if any sanction needs to be given that Barry's probation be extended for a year.
Barry's probation officer, DeBonis says, seems wary of jailing him for this violation.
Court's back in session; we'll update at the next recess.
File photograph by Darrow Montgomery
CORRECTION: Due to a transcription error by Andrew Beaujon, Thomas Zeno's name was misspelled.
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11:35 am
Mayor Barry is cool; Harold Brazil, not cool.
5:37 pm
Last year I paid my taxes on time (I made far less than Mr. Barry) and got many letters from the IRS about I how calculated my AMT liability. I sent in the entire return, literally proved the numbers were right, and in return got letters from the IRS stating they got my response but were too busy to look into the matter, several letters saying I could pay what I owed and the penalties despite the IRS not including any dollar amount showing that I owed anything, etc.. I wrote that I wanted them to tell me what I did wrong if anything, to include the exact numbers I filled out erroneously and a detailed explanation. A month later I got a letter that my return had been accurate and I owed nothing.
Barry literally doesn't submit tax forms. If he was sick and this sickness wasn't amnesia, his cronies, his representatives and his attorneys' could have filed his 2008 taxes early, have submitted quarterly estimated taxes, etc..
America is the land of the rich and connected. Marion Barry doesn't file anything for years, has never been in jail, and of the multiple years he hasn't filed says a recent sickness somehow excuses him not paying taxes for the last three years. Half of Obama's cabinet nominees, included Geithner who is in charge of the dept. responsible for paying taxes, is in arrears to the point the average person would have gone to jail. Daschle, the former senate minority leader owes more taxes than what three average households make in a year and the only reason anyone found out is because of his cabinet nomination.
To conclude, these people are different from most taxpayer cases because the well known people have ample money to pay what they owe. They aren't having their houses foreclosed, are millionaires and know that through connections they can simply not pay taxes and they won't be prosecuted. If Marion Barry can not even file taxes for over 5 different years, be on probation for this and doesn't get the max sentence, why should anyone have to pay taxes. The gov't can sentence him, seize his assets, get their money and show that even though he has been charged with the same exact thing multiple times, that he is not to be treated as a first time offender and considering the dozens of chances this felon has been given, he be treated like the average person who thinks so little of our system that probation is just a joke to him.