Barry was charged with three felony counts of perjury, 10 counts of drug possession, and one misdemeanor count of conspiracy to possess cocaine, even though the cocaine belonged to the government informant. The criminal trial ended in August 1990 with a conviction for only one possession incident, which had occurred in November 1989, and an acquittal on another. The jury deadlocked on the remaining charges. Six or seven jurors (of whom two were white and the rest black) believed that the evidence against Barry was overwhelming and that he had displayed "arrogance" during the trial. Against these, five black jurors were convinced that the prosecution had falsified evidence and testimony as part of a racist conspiracy against Barry, and even disputed factual findings that had not been contested in court. After scolding the jurors for not following his instructions, presiding judge Thomas Penfield Jackson declared a mistrial on the remaining charges.