Marion Barry appeared in front of cameras this morning for the first time since his Saturday-night arrest, but that's about all he did. Longtime lawyer Fred Cooke did virtually all the talking, while Barry stood behind him in a gray suit, fedora, and paisley tie, remaining mute save for an occasional whisper in Cooke's ear.

In contrast to yesterday's presser, where spokesperson Natalie Williams spent most of the time attacking the credibility of the alleged stalkee and glorifying Barry's munificence, Cooke stuck mostly to the confines of the legal case against his client.

Read More "Marion Barry Arrest: Keeping Mum at Press Conference" »

Mike DeBonis continues his coverage of Ward 8 Councilmember Marion Barry's probation hearing:

Barry's probation officer, Kurt Panzer, has just recommended to the court that Barry's probation be extended for two years. The prosecution is asking that Barry be jailed for 30 days, either on weekends or at a halfway house. Court's in recess at the moment while the principles try to determine whether there's a halfway house with the facilities to deal with the former mayor's myriad health problems, which include hypertension and diabetes.

It is unusual for a probation officer's recommendation to be at odds with that of prosecutors.

Barry's attorney, Frederick Cooke, maintains that if any sanction must be meted out, that a one-year parole extension is appropriate.

U.S. Magistrate Judge Deborah Robinson has hinted she may not rule today. Barry may be asked to speak after the recess.

File photograph by Darrow Montgomery

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.