WASHINGTON - D.C. Councilman Marion Barry was so happy he was singing Friday after learning a Federal judge refused to confine him to home detention over unpaid taxes.

"It's been a hard day's night, and I've been working like a dog," Barry sang outside his Southeast D.C. home.

The Ward 8 Councilman was clearly happy a judge extended his probation by two years instead of court-ordered home confinement because of his tax problems

"Obviously, I'm delighted that we have a fair-minded judge that took her time," Barry said. "This is the second time she's rebuked the U.S. Attorney, strongly rebuked him.

For three years, Barry has been embroiled in a court fight with federal prosecutors. In 2006, the former mayor was sentenced to three years of probation for failing to file his tax returns. He admitted not paying most of the tax on $500,000 in income between 1999 and 2004.

"He seems to be sort of, above the law in some respects," said D.C. resident Lauren Wilson. "{He} is often not held accountable. I do find that frustrating as a D.C. resident, and a taxpayer."

Prosecutors had wanted to send Barry to jail, because he didn't file his 2007 returns on time. They backed off after learning area jails couldn't care for the 72-year old, who's recovering from a kidney transplant.

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"He deserves a second chance, but at the same time, he should be locked up," said Kia Harris, a neighbor of Barry's

"I mean, if you put him in jail, that's going to be the end of him," Elizabeth Post said. "And they'll never get the taxes."

Friday, U.S. Magistrate Judge Deborah A. Robinson rejected home confinement because of Barry's health problems.

Channing Phillips, a spokesman for the U.S. Attorney's Office wrote in a statement, "While we strongly disagree with some of the court's characterizations and findings of fact, we'll decline further comment at this time as we continue to analyze the court's opinion."

Barry says he and the courts have better things to do.

"They ought to be doing something else," Barry said. "That's why I'm asking the attorney general to investigate what they're doing with they're time down here."

Under the judge's ruling, Barry's probation now ends March 8, 2011, granted he keeps paying his back taxes and files his tax returns on time.

Barry owes about $275,000 dollars in back taxes, interest and penalties. The IRS has been garnishing more than $1,300 every two weeks from Barry's salary since 2006.

Barry says despite health issues, he's been going to work just about every day.

 

 

 

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