LEGAL CHRONOLOGY

Barry's Story   On Appeals   Legal Document

22 May 1994.
Barry, who has just arrived in France as a tourist for his first visit
ever, is arrested at the hotel Aurore on the rue de Clichy by four plain
clothes policemen. Rasta (a.k.a. Wayne) is arrested the same day at the
airport. Tiffany and Gunther are arrested the same day on the highway, in
taxicabs taking them away from the airport. A fifth suspect, Georges,
present at the hotel, who speaks to Barry there, is not arrested. When
asked at the trial why George was not followed, one of the arresting
policemen replied that they could not do everything.

22 May 1994.
A policewoman brings Barry a paper, telling him in broken English that he
must sign it to acknowledge his presence at the police station. Barry says
he cannot sign it because he cannot read it, and that he has no idea why he
is there. There is no interpreter present. He does not sign. Barry asks
to have a lawyer, and to call the American Embassy. He is told: "This is
not America." (Another of the defendants in the case, Tiffany Matheny, a
white American woman, is, however, allowed to telephone her parents. This
fact is confirmed at the trial, when her father thanks the police for
permitting Tiffany to call them from the police station.)

There is a consular agreement between France and the United States which
states that the French authorities must notify the American Embassy of the
arrest of an American citizen if that citizen requests it.

23 May 1994.
A man claiming to be a doctor comes to see Barry. He cannot speak English,
Barry cannot speak French, so he leaves. There is no interpreter present.

25 May 1994.
Barry is given a paper to sign if he wants a lawyer. He signs the paper,
but no lawyer appears. Later Barry is fingerprinted and photographed. He
is taken to meet the prosecutor who prolongs his garde a vue. He is taken
for an interview with three policemen, one of them M. Turco. An
interpreter is present. There is questioning for a while, then, according
to Barry, Turco discovers that Barry has several credit cards in his
wallet. He finds this suspicious, "since it's well known that Blacks have
no money." The policeman Turco then leaves the room. When he returns,
there is no more questioning, just Turco dictating to a typist. When he is
through he presents the paper to Barry to sign. Barry does not want to
sign it, stating that he does not understand French and does not know why
he was arrested. The interpreter tells him it is all right to sign it,
that it is nothing since it will be given to his lawyer to read before
being given to the judge. Barry, weary after eight hours of interrogation
during which he has not even been allowed to go to the toilet, signs. At
no time does the interpreter read this paper to Barry, or even explain it
to him. At this time Barry still has no lawyer.

26 May 1994.
Barry is taken before the juge d'instruction, Judge Coirre. Tiffany,
Gunther, and Rasta are there also. Gunther and Tiffany already have
lawyers. Barry asks Judge Coirre about a lawyer. Judge Coirre responds:
"This isn't America."
Barry is taken to the MAVO, the Maison d'Arret du Val d'Oise, a prison.
From another prisoner he gets the name of a lawyer, Me. Stansal, whom he
contacts.

27 May 1994.
Michel Furet at the American Embassy reads of Barry's arrest in the
newspaper Liberation. He contacts the appropriate French authorities who
confirm Barry's arrest.

9 June 1994.
The Court in Pontoise calls the Embassy to give further information.

16 June 1994.
Barry is visited by two people from the Embassy, Leroy Smith, who
introduces himself as the consular agent, Michel Furet who introduces
himself as being from the American Aid Society. Leroy Smith asks Barry why
he did not call the Embassy after his arrest. Barry says that the police
would not let him. (In a later conversation by telephone to a friend of
Barry's, Mr. Smith states that it is Embassy policy, when the arrested
American citizen has not notified the Embassy himself, to ask why.) Michel
Furet asks if Barry has a lawyer. Barry tells him about Me. Stansal.
Michel Furet asks if Barry has the money to pay for a lawyer. Barry tells
him the police took the $1000 he had on him when he was arrested, and he
will ask the lawyer to take that as his payment.

Mid July 1994.
Me. Stansal tells Barry that neither the police nor the juge d'instruction
have his $1000.

August 1994.
Barry receives a letter from Michel Furet stating that the prison does not
have Barry's $1000, and no one seems to know anything about it. Barry
realizes he will not be able to pay Me. Stansal, and he asks Judge Coirre
for a court appointed lawyer.

17 September 1994.
Barry receives another visit from Leroy Smith and Michel Furet.

November 1994.
A lawyer, Me. Bailey, is appointed for Barry. Me. Bailey tells Barry he
cannot meet with him in person, so he should write him a letter telling him
all about his affairs so he can defend him. Barry writes to Michel Furet
to tell him that his new lawyer cannot come to see him, and he doesn't
think that is right. Furet replies that he has talked to Bailey, who will
come to see him in December. A week later Barry gets a letter from Bailey
telling him that he will be meeting Judge Coirre on 9 December, and that he
will come to see him before that date. However, the same week Barry gets a
letter from Cecil Washington, a friend in California, who tells him he has
arranged for Zino Adjas to be Barry's lawyer, and that Barry should so
inform Judge Coirre.

13 December 1994.
First hearing with Judge Coirre. Barry tells about it as follows:
"I was taken to meet Judge Coirre. He asked me what's my role in this
affair and if the person I was arrested with was Rasta. I told him the
person I saw at the "garde a vue" is Rasta but we weren't arrested
together. He got angry and started screaming at me and banging the desk.
He again asked if the person I was arrested with was Rasta, I repeated the
same thing. Yes, he is Rasta but we weren't arrested together. He asked
about Gunther, I told him I didn't know Gunther. Then he asked about
Tiffany. I told him yes I knew Tiffany - I explained how I got to know her
and how I introduced her to Rasta for a fake marriage. He said no, I
introduced her to Rasta for trafficking in drugs. I explained that my
reason for introducing Tiffany was for the Green Card marriage but they
later became partners and I had no control over that.
"Zino wasn't there but his secretary was there. Before the judge
questioned me I told her I didn't know how the system works here and I
don't know anything about the whole case therefore I would like to talk to
her before I talk to the judge. She told me it's OK to talk to the judge,
that's why I answered the questions. There was the same interpreter as at
the police station. That was all for 13 December, it lasted 10 minutes.

6 January 1995.
 Second hearing before Judge Coirre. Barry describes:
"I met Gunther and Tiffany at the judge's office. They call it
"confrontation". The judge asked Gunther if he knew me. Gunther said no.
And that the other Barry he knows wasn't me. That ends it with Gunther.
"Tifany said I introduced her to Rasta to carry drugs and it wasn't
anything about marriage, and how she did give me $2000. I told the judge
she did give me the money but it was to pay off a landlord. They abandoned
the apartment that I'd helped them to get and the landlord was holding me
responsible for it. I had no such money to pay the landlord so I stayed on
Tiffany's neck to make sure she paid the money. And to tell the truth I
didn't ask or care where she got the money from. I was relieved she paid
the landlord. Tiffany did agree that she had abandoned the apartment, but
denied the money she gave me was for the landlord. I told the judge I
still had Tiffany's stuff from the apartment and he could let someone go
take a look at it. (Note: Barry's brother who lives in New York confirms
this story, and states that he is currently storing Tiffany's things.)
That's when Tiffany did agree that she owed the landlord $2000. But it
turned out they didn't care to mention that in the court. Tiffany said
each time Rasta or some of Rasta's friends wanted her to travel for them
they contacted her through me. I told the judge that's because she had no
telephone. And even her parents used to call me to find out where she was.
For me it was a favor that I was doing and I didn't look beyond that. I
gave her the messages regardless of who called.
"Then the judge said Tiffany said I knew she was transporting marijuana,
and I'm the intermediate therefore her boss. I told the judge it was late
93 that Tiffany and Rasta admitted to me that they were in the drug
business but I never took it seriously because I don't care what they are
doing since they are both responsible persons. I tried to keep my
distance, that's all. He asked how about me being her boss. I told him
that's ridiculous. I've never heard of any boss of any kind that is
supposed to be paid $2000 out of $10,000. Tiffany admitted being given
$10,000, and she said she gave me $2000. That wasn't even for me. So how
could she be the one who's given me the small change and claim I'm her
boss. I started asking Tiffany some questions that would shed light on her
accusation but the judge stopped me. He said he is the one to ask the
questions not me. That was the end with Tiffany.
"The judge then showed me the photos of Charlie ( defendant in another drug
case whom the police tried, unsuccessfully, to link with Barry) and a
Colombian guy called Roberto - both had been in this jail over a year
before my arrival. He asked if they were my boss. I told the judge I
don't have any boss nor was I involved in any drug business and I don't
know these people. He said by identifying these people as my bosses I
could get half their sentence but since I refused to identify them as
bosses of mine he would assume that I'm the boss. And that Tiffany had
cooperated according to the law but I refused to cooperate. He said I was
lying and that he didn't like me. But the thing is I didn't know those
people and I really can't say I know someone that I don't know. That was
all for 6 January. (Duration 25 minutes.) Zino's brother (Khalifa, also a
lawyer) was there.

9 March 1995.
Third hearing before Judge Coirre.
"Confrontation with Rasta. He asked me if I knew Rasta. I explained how I
got to know Rasta and how I introduced Tiffany to him. The judge asked if
I knew Rasta was in drugs. I told him yes, but I only found out about that
not too long ago.
"The judge asked Rasta about me. And Rasta told him how he got to know me
and how I introduced Tiffany to him. The judge asked him if we were in the
drug business together. Rasta said no. But he called me whenever he
needed Tiffany. The judge asked him if he had ever paid me for a service.
He said no. The judge asked Rasta if he was trying to protect me by saying
I'm not in business with him. Rasta said no. And Rasta added the fact
that it was George who got him the visa to France, and it was George who
paid for the drugs, the tickets and the hotel, and how come George is not
arrested. The judge told Rasta to shut up. That was it for the day.
Zino's brother was there. Also the same interpreter. (Duration 15 minutes)

13 March 1995.

 Barry receives a paper saying that the file is closed. He
has 20 days to add or retract anything. Zino, who has his papers, could
present something but does not.

3 April 1995. 
Barry receives a paper saying that the file is definitely
closed; nothing more can be added or retracted.

29 June 1995.
 Barry receives notice that he will go before the Chambre
d'Accusation on 1 August, and that it will be decided at that time whether
he will go to Cour d'Assises or Cour Correctionnelle.

1 August 1995.
 The meeting of the Chambre d'Accusation is scheduled for
9:00 AM. Zino arrives at 11:00 AM, everything is already over. Gunther is
there because his lawyer tells him she can't make it. Rasta's lawyer is
not there, nor is he. Tiffany's lawyer is there.

31 August 1995.
 Barry receives a paper from the Chambre d'Accusation
regarding the charges. Gunther and Tiffany also receive this paper, but
theirs does not say the same things as his.

January 1996.
 Barry and the other defendants are taken before the
President of the Court who asks if they have any witnesses to appear on
their behalf. Tiffany puts down her parents. The time is too short for
Barry to think of anyone.

24 January 1996.
 The trial takes place before the Special Assize Court of
Pontoise on 24, 25, and 26 January. Barry, who stands 6 feet 5 inches tall
now weighs only 140 lbs. According to his family and friends, he has never
touched drugs.
During the trial, the two white defendants are in front, where they have
easy access to the microphones and their lawyers. The two black defendants
are in back, without microphones and away from their lawyers. The first
day of the trial is spend with the reading of the charges, the
psychiatrist's report on the personalities of each defendant, and the
statement by Tiffany's father in her behalf.

25 January 1996.
 The policeman Turco tells his version of the facts. He
also makes commentary: "As Africans, they (Barry and Rasta) have a
different attitude toward prison. They are not afraid of it, it leaves
them indifferent. They even sometimes have a better life there than when
they are free." He states that "Gunther and Tiffany cooperated well, they
gave important information." But drugs were found on them, not on the
other two (in general judges are more lenient with the passers than with
the organizers - the policeman is trying to make Barry out as an
organizer). The policeman admits that he never saw Barry before his arrest
(he had seen all the others before, in Paris, at an earlier time). He can
not prove any contact between Barry and Rasta other than by telephone.

Barry states that he did not know Rasta other than by telephone. He states
that he met Tiffany in 1991 in New York when she was working in a
restaurant he used to go to, but that his contacts with her had nothing to
do with drugs. He says she gave him money to pay the back rent on an
apartment she left in New York. He admits having introduced Tiffany to
Rasta for the purpose of a marriage of convenience. Rasta told Barry to
come to the hotel.

Tiffany says she met Barry in New York in 1991, probably through a friend.
She begins by accusing Barry, then changes her mind. She talks a lot, but
without really saying much of anything. She wanders.

During a recess, there is an incident. Barry describes it afterward.
Barry, who is beginning to understand French, hears Turco, the policeman,
talking to Gunther and suggesting to him to change his testimony, to say
what he said at the police statioin. Gunther worries about changing the
statement he has already made, that he will get in trouble, but the
policeman tells him not to worry, that if he changes his statement, he'll
get a lighter sentence than Barry and Rasta, who will get 15-20 years.

26 January 1996.
 The head judge remarks on the incident of the day before,
but does not explain it in detail, merely states that "the defendants have
been talking to each other," and this must stop. Gunther then speaks, and
in fact changes his story, saying that what he said at the police station
(which he does not state in detail) is the truth, and that what he said
yesterday is a lie. He says that he does not want to say more, that he was
pressured by others, that he is afraid of someone who was not arrested.

Rasta's telephone conversations from a pay phone near the hotel were
tapped, and the taps are played. There is only one call between Rasta and
Barry, the conversation deals with the personal problems of a third person.
Most of the calls are between Rasta and his wife in Istanbul who is his
partner in drugs.

The prosecution and the defense lawyers make their closing statements. The
judges deliberate. Barry is sentenced to 18 years in prison for illegal
possession, transportation and sale of heroin as part of an organized gang.

Barry makes the only appeal possible in Assize Court, an appeal on narrow
procedural issues, where the facts of the case are not discussed. He has a
new lawyer for this appeal, called cassation, but this lawyer never comes
to see him, never even sends him a copy of his brief, although, oddly, he
sends a copy to Barry's brother in New York who does not read a word of
French. Very few cassation appeals succeed, and this one fails. Barry's
sentence becomes final in May 1997.