Barry is at Howard University Hospital recovering from Friday's kidney transplant. After federal prosecutors asked a judge to put Barry in jail for failure to file his 2007 taxes on time, the former mayor said his medical condition distracted him from his taxpayer duties.
In a motion filed in federal court, prosecutors said the former mayor didn't file his taxes in 2007, violating his probation for previous tax offenses. It was the eighth time in nine years he failed to file on time.
Barry was given three years of probation in 2006 after pleading guilty to misdemeanor charges for failing to file his tax returns from 1999 to 2004. Two years ago, prosecutors sought to have that probation revoked after Barry failed to file his 2005 taxes on time. A judge refused, saying prosecutors didn't prove Barry willfully or intentionally failed to file on time.
Last week, Barry finally filed his 2007 tax return, and representatives said he planned to file his 2008 return this week.
Doctors expect to be able to release Barry on Thursday, but that's not certain. When released, Barry will continue to recuperate at home with help from his friends.