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- <text id=90TT3007>
- <link 90TT0312>
- <title>
- Nov. 12, 1990: Racial Injustice?
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Nov. 12, 1990 Ready For War
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 42
- Racial Injustice?
- </hdr>
- <body>
- <p>A judge's remarks raise questions about Barry's sentence
- </p>
- <p> U.S. District Judge Thomas Penfield Jackson was not
- impressed with Washington Mayor Marion Barry's last-minute
- contrition. On Oct. 26, Jackson sentenced him to six months in
- prison and a $5,000 fine for a cocaine-possession misdemeanor.
- Having failed to provide a "good example" in the city's highest
- post, said the judge, Barry "must now become an example of
- another kind." Last week Jackson hinted that he may have had
- more controversial motives for handing down what the mayor
- claims is stiff punishment.
- </p>
- <p> Speaking at Harvard Law School, Jackson lashed out against
- four unnamed jurors, accusing them of following their own
- "agendas" and refusing "under any circumstances" to convict
- Barry of more serious crimes. In August the entire panel
- acquitted the mayor of one charge and deadlocked on 12 others.
- But Jackson said he had "never seen a stronger government case."
- </p>
- <p> Jackson's remarks gave a new thrust to the mayor's claim
- that his prosecution was racially motivated. "I understand that
- there are different sets of standards for different people, and
- that's the American injustice system," Barry declared after his
- sentencing. What lends credence to Barry's charge is the
- leniency shown to other politically prominent defendants who
- happen to be white. Oliver North escaped a prison sentence for
- his three felony convictions in 1989, since overturned. Reagan
- insider Michael Deaver also avoided jail two years ago. Deaver,
- who could have been given up to 15 years for felony perjury
- following his influence-peddling trial, received a $100,000 fine
- and 1,500 hours of community service from his sentencing judge:
- Thomas Penfield Jackson.
- </p>
- <p> Jackson maintains that unlike Barry, Deaver was not a public
- official when he committed his crimes and that this accounts for
- the difference. But many experts find the disparity troubling.
- Says American University law professor Herman Schwartz: "Jackson
- gives Deaver, who was tampering with the Constitution, community
- service while he gives Barry hard time for being a coke head."
- To many observers, the real problem is not that Barry's sentence
- was too harsh--he could have been imprisoned for up to a year--but that North, Deaver and others got off too lightly.
- </p>
- <p> It is not improper for judges to base sentencing on all the
- trial evidence, even if a defendant is not convicted on all
- charges. What is unusual here is Jackson's impolitic admission
- that he did so in the Barry case and his public criticism of the
- jury. Though the judge's remarks are not expected to provide
- ammunition for upsetting the conviction on appeal, they could
- pump up the mayor's political fortunes this week by unleashing
- a sympathy vote in his bid for a D.C. council seat.
- </p>
-
- </body>
- </article>
- </text>
-
-