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Barry's Attorney Calls Stalking Charge 'Baseless'
posted 07/06/09 11:37 pm
NewsChannel 8 - Barry's Attorney Calls Stalking Charge 'Baseless'
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WASHINGTON - An attorney for former Mayor Marion Barry says the misdemeanor stalking charges filed against his client is "baseless" and said he does not expect the U.S. Attorney's Office to follow through by prosecuting the case.

Fred Cooke said "Councilman Barry specifically and vehemently denies stalking anyone" at a press conference Monday morning.

"We believe the charge is baseless, we believe that the charge stems from a personal relationship that has gone wrong in a lot of ways," Cooke said. "If forced to proceed forward in court, we will demonstrate in court that [the charges] are false. It is our hope, however, that a careful review of the facts and circumstances by the Office of the United States Attorney will lead that office to conclude that no charges will be formally filed or lodged against Mr. Barry."

Barry stood behind Cooke but did not speak on advice of counsel, Cooke said. Barry is due in court Thursday, at which time he will learn if the U.S. Attorney's Office will pursue the charges.

The news conference added another element to the he said/she said/police said nature of the case, with different versions of the events emerging from each party.

U.S. Park Police say that around sunset at Anacostia Park on Saturday, a woman in a car flagged an officer down and told the officer she was being followed by a man in another vehicle. In that car, police found Ward 8 councilman Marion Barry. Police pulled Barry over and charged him with misdemeanor stalking.

According to Cooke, Barry and the woman, identified as 40-year-old Donna Watts-Brighthaupt, were heading to Rehoboth Beach, Del., on Saturday when they stopped in Annapolis for lunch. Something happened so as Watts-Brighthaupt did not want to continue the trip, Cooke said. Barry then returned to Watts-Brighthaupt's home Saturday evening and was driving himself home when he was stopped by police, Cooke said.

On the advice of his attorney, Councilman Barry did not speak at a Monday press conference addressing his arrest.
Cooke denied Barry was following her.

"Mr. Barry was traveling on public streets on his way home and that's how he found himself in the park," Cooke said." He was not following anyone."

According to his attorney, Barry was leaving Watts-Brighthaupt's home shortly before being arrested.

Reached by phone Sunday night, Watts-Brighthaupt said she never asked for Barry to be arrested but did say that Barry had followed her and her ex-husband, Delonta Brighthaupt.

Watts-Brighthaupt told The Washington Post that Barry was pulled over for a traffic violation and that she didn't seek to have him arrested. Still, she said Barry was "trying to catch me" and that she has "tons and tons of evidence to prove" that the council member was stalking her. She said she didn't feel her life was threatened.

Investigators visited her Southeast Washington home Monday and she is said to be cooperating with the investigation.

Watts-Brighthaupt said she worked as a paid consultant on Barry's 2008 campaign and that they began dating during the Democratic National Convention over the summer. They broke up just before Barry's kidney transplant in February but continued seeing each other regularly, she said.

Barry and Watts-Brighthaupt hold hands while leaving court in April after Barry appeared on tax charges.
Cooke told the press that the woman had been in a relationship with Barry for more than a year, but that it recently ended.

ABC 7 News captured pictures of Barry and Watts-Brighthaupt holding hands as Barry left court back in April after an appearance on tax charges.

Neighbors confirmed they saw Barry outside Watts-Brighthaupt's home Saturday evening. But nothing appeared wrong.

"We took our kids over and introduced them and we talked to him for a minute and he left," said Dedee Brown. "And then we looked at the news and he was on the news."

The neighbors said Barry was a frequent visitor and that the councilman, Watts-Brighthaupt and her ex-husband were all on good terms.

But in another twist, Barry's lawyer revealed Monday that Barry had security at the Wilson building prevented the ex-husband, Mr. Brighthaupt, from entering the building one day last week because Barry said he felt threatened by him.

"That individual had been confrontational with Mr. Barry in the past, and Mr. Barry thought the decorum of the event required that that sort of behavior not reoccur," said Cooke. 

Published reports of an e-mail from Watts-Brighthaupt written to Barry's scheduler after last Tuesday's incident read, "Marion has literally lost his mind. My ex-husband/health caregiver has never threatened Marion. I have several voicemails and letters from Marion stating quite the opposite where he has threatened Delonta."

As for Barry's constituents, many are reserving judgment. Former D.C. resident Jay Flanagan argued, "He's innocent until proven guilty."

Barry served four terms as mayor. In his third, he was videotaped in 1990 in a hotel room smoking crack cocaine in an FBI (web) sting. He served six months in prison and in 1994 regained the mayor's office. Barry is currently on probation in a federal tax evasion case.

The 73-year-old Barry is still married to Cora Masters Barry because a divorce has not been finalized between the two.

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