SAN FRANCISCO – United States Attorney Scott N. Schools announced that on October 31, 2007, Dr. Bruce Barker pleaded guilty to lying under oath during a federal criminal trial involving gun charges. This guilty plea is the result of an investigation by the Federal Bureau of Investigation.
Dr. Barker, 51, of San Francisco, is a physician employed by the Kaiser Permanente Medical Center in San Francisco. In pleading guilty, Dr. Barker admitted that he knowingly and intentionally provided false testimony under oath during the November 2002 trial of Marvin Washington, a felon who was on trial for possessing a firearm at the Holly Courts Housing Development on May 1, 2002. At that trial, a Holly Courts security guard testified that at approximately 5:00 p.m. on May 1, 2002, she encountered Washington outside the security office and he had a gun in one hand. Dr. Barker testified that he was present at the scene, and that Washington did not have a gun. Shortly after Dr. Barker provided this testimony, Washington changed his plea to guilty and admitted that he possessed a firearm. United States District Judge Susan Illston sentenced Washington to 100 months imprisonment.
In entering his guilty plea, Dr. Barker admitted that he lied under oath at the trial when he said he was present at the Holly Courts security office on May 1. Dr. Barker admitted that he was not there to see Washington’s encounter with the security guard and that he lied when he testified that Washington did not possess a gun that day. Dr. Barker further admitted that he knew when he gave this testimony that it was false.
“Intentionally providing false testimony at a trial strikes at the heart and integrity of our jury system,” said U.S. Attorney Scott N. Schools. “In evaluating the facts and making the critical determination of guilt or innocence, the jury depends on each witness to honor his or her oath to provide truthful testimony. The obligation of all witnesses to tell the truth is equally important to the Court, all parties, and the public.”
Dr. Barker was indicted by a federal Grand Jury on October 12, 2006. He was charged with three counts of perjury, in violation of 18 U.S.C. §1623(a), and with one count of making a false statement to law enforcement, in violation of 18 U.S.C. § 1001. Under the plea agreement, Dr. Barker pled guilty to one of the perjury charges.
The sentencing of Dr. Barker is scheduled for February 8, 2008 at 11:00 a.m. before United States District Judge Susan Illston in San Francisco. The maximum statutory penalty for perjury is five years in custody and a $250,000 fine. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553. Dr. Barker is out of custody pending sentencing.
Susan Badger and Peter Axelrod are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Miche Sharpe and Ponly Tu.