European Stars and Stripes (Newspaper) - October 21, 1990, Darmstadt, Hesse                                Sunday october 21, 1990 the stars and stripes Barry drops request for new trial sentencing set Friday on cocaine conviction la a Jau Vii or it my a in. A. By the new York times Washington a mayor Marion s. Barryjr. Has withdrawn a request for a new trial on his conviction on charges of cocaine Possession Clearing the Way for sentencing in a week. In a hearing Friday in . District court the mayor expressed wholehearted disagreement with a pre sentencing report that concluded that he has not been sufficiently remorseful about his guilt. Judge Thomas Penfield Jackson will use the report in determining the penalty to be Given to Barry. The charge carries a maximum penalty of a year in prison and a Fine of $100,000, but first time offenders like the mayor Are usually Given lesser sentences. It was not Clear Why Barry withdrew his request for a new trial. Some Legal experts suggested that he acted out of concern that Federal prosecutors were angered by his Contention that his jury Nad been a a contaminated by outside influences and that they might reverse their decision not to retry him on charges that the jury had been unable to resolve. More will be at stake in fridays sentencing than barrys Legal future. His political future As a candidate for a City Council seat could be seriously affected. The election is set for nov. 6. Political analysts say the mayor is not assured of Victory in View of his conviction and the fact that he will be sentenced less than two weeks before election Day. Barry announced at the Start of his two month trial that he would not seek re election to a fourth four year term As mayor because he and the City needed to  but after the trial in which the jury acquitted him of one cocaine Possession charge a Misdemeanour and was unable to resolve 12 other charges including three felony counts he said that he intended to seek a Council seat. That decision pleased his supporters but it brought criticism from others who accused him of political overreaching and arrogance. In an apparent Effort to curb the political erosion Barry has been making More Public appearances a a and has been speaking out strongly on two critical issues facing the City a a budget deficit and one of the worst crime and drug epidemics in the country. He has warned that reducing the deficit will require sacrifice by everyone and he has said that if in coming weeks the police Are unable to slow drug related crimes he will propose a curfew in some sections and ask that the National guard patrol streets. Barry in announcing that the mayor had decided not to seek a retrial barrys chief lawyer r. Kenneth Mui uly told Jackson that he and the mayor had decided not to pursue their Contention that Barry deserved a new trial because the jury although sequestered Hail been Quot contaminated by an undercover drug operation outside the Motel where they were staying. One of the charges against Barry resulted from an undercover drug operation. In papers filed thursday with Jackson Federal prosecutors said Barry had presented no substantive evidence to prove his Contention that he deserved a new trial for that reason. Mundy said he and Barry had made their decision before the prosecutors filed their arguments. But he offered no other details. Of barrys pc sentencing report Mundy indicated that the Federal parole officials who prepared it for the court had concluded that Barry had not expressed sufficient contrition about being found guilty of possessing cocaine. Quot Mundy told Jackson that the mayor Quot wholeheartedly Quot disagreed with the reports conclusions. Mundy said the mayor had not known when questioned about his feelings whether Federal prosecutors might seek to try him again on the unresolved charges. A it would have been very perilous for him to Quot make any pre sentencing statement Quot Mundy  derailment train cars Are jumbled along a Highway after a derailment and toxic chemical spill in Mccormick county . Two of the 17 cars contained toxic fuel Addi Tives. No injuries were reported As a result of the derailment but local health officials treated about 60 people in the area for chemical exposure. Federal judge upholds charges against Exxon Anchorage Alaska up a Federal judge Friday upheld the governments indictment of Exxon and rejected a plea to throw out criminal charges stemming from last years massive Exxon Valdez Oil spill. A i deny All motions to dismiss a . District court judge h. Russel Holland said following a two hour hearing in which Exxon corp. And Exxon shipping co. Sought to have the charges against them dismissed. Justice department lawyers prosecuting the two Exxon companies welcomed the ruling. A the indictment is proper and fairly puts the defendants on notice of what they have to defend against a Holland said in a Brief statement rejecting Exxon a arguments for dismissal. Exxon lawyers at the hearing voiced disappointment Over the ruling but said there would be no Appeal. Trial has been set for april 10, More than two years after the Tanker Exxon Valdez rammed Bligh reef in Prince William sound and spewed 11 million Gallons of Oil fouling fishing grounds and wildlife habitat. Exxon faces fines of $700 million if con Sands of time evicted of violating the Federal clean water act the  act the migratory Bird treaty act the ports and Waterways safely act and the dangerous cargo act. A Federal grand jury indicted Exxon corp. And Exxon shipping co. Last february. Exxon corp. Lawyer Patrick Lynch in arguing for the dismissal told the judge that the Parent corporation was not liable for acts of Exxon shipping co., saying a a the Buck stops with the subsidiary  charges against the corporation represented a a Case of mistaken identity a Lynch said because Exxon corp. Established a separate company to run its shipping business and so was not responsible under corporate Law. He said the government made each allegation into two crimes by charging both Exxon companies. But assistant attorney general George Van Cleve replied that when Exxon corp. Transformed its shipping division into a separate corporation to save tax Money nothing changed except the company Letterhead. He said the government would dining the trial expose the intimate relationship showing Exxon corp. Dominated the dependent shipping company. In the stars and stripes 40 years ago today. Oct. 21, 1950 a Gen. Douglas Macarthur sent More than 4,000 . Paratroopers in to Block the main enemy escape routes from Pyongyang and said that the korean War was a very definitely coming to an end  30 years ago today. Oct. 21, 1960 a soviet Premier Nikita Khrushchev said the soviet Union had atomic powered submarines armed with rockets. 20 years ago today. Oct. 21, 1970 a trans world airlines cancelled All of its nearly 450 Domestic flights and announced a Sharp curtailment of overseas operations As 5,400 flight attendants went on strike. 10 years ago today. Oct. 21, 1980 a Greece a military forces will return to natos integrated military command an Alliance spokesman announced. He said the move was approved at a meeting of nato members representatives with Secretary general Joseph . Runs in the presence of Gen. Bernard Rogers the supreme Allied commander in Europe