Scott McCabe, The Examiner
2007-06-14 07:00:00.0
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WASHINGTON -

A District of Columbia Superior Court judge acquitted Council Member Marion Barry of driving under the influence Wednesday, finding that the former mayor’s difficulty walking and speaking seemed to be because of his age and ailments.

Barry, 71, took the stand to defend himself Wednesday, one day after three U.S. Secret Service police officers testified that Barry appeared intoxicated when he was stopped near the White House shortly after 3 a.m. Sept. 10. Police said they pulled Barry over after he allegedly stopped at a green light, drove in reverse then continued on through a red light. They said he stumbled, smelled of alcohol and slurred his speech.

But at the station, Barry registered a blood-alcohol content of .02 percent, well below the legal limit of .08 percent.

Barry, who served six months in prison after he was videotaped smoking crack in a 1990 FBI sting, said he was not impaired.

Barry said he was driving with an Oklahoma state senator who said she wanted to see the White House at night. When asked after the trial, he said he would not identify the woman.

Barry testified that he takes five medicines for high blood pressure and diabetes and has trouble walking because of his age and the medicines, which cause swelling in his legs.

Officer Marie Wadford admitted that she didn’t ask Barry whether he took any medicine.

Judge Richard Ringell said the trial allowed him to see Barry in person and that he saw a man who walks with difficult and sometimes mumbles his words.

Outside the courthouse, Barry, once known as the mayor for life, wore a dark hat and smiled broadly.

“I’m glad justice prevailed and I’m just tired of all this,” he said. “The government should have dropped these charges long ago.”

Barry’s court appearances aren’t quite over. He is scheduled for an Aug. 22 hearing on separate charges of misuse of temporary tags and driving an unregistered motor vehicle.

smccabe@dcexaminer.com