Sep 29, 2010

Buju to be re-indicted before grand jury

http://www.jamaicaobserver.com/news/Buju-to-be-re-indicted-before-grand-jury

Buju to be re-indicted before grand jury
Artiste, lawyer not allowed to attend hearing
 
BY PAUL HENRY Observer reporter henryp@jamaicaobserver.com

TAMPA, Florida — Prosecutor Jim Preston is expected to appear before a grand jury on Thursday in an effort to re-indict Reggae star Buju Banton on cocaine and firearm charges.

Preston had told the court on Monday — minutes after Banton's cocaine trial ended in a mistrial due to the inability of jurors to reach a verdict following three days of deliberations — that he would be seeking the re-indictment today.

Grand jury proceedings are secret and not open to the public.

Neither Buju Banton, whose real name is Mark Anthony Myrie, nor his lawyer David Oscar Markus are allowed to be there.

Banton is to face retrial in early December. A date for the second trial is expected to be set during a bail hearing on October 6.

Banton was arrested on December 13 last year and charged with a count of conspiracy to possess and distribute five kilogrammes of cocaine and possession of a firearm during the furtherance of a crime.
Banton's arrest followed that of his two co-defendants Ian Thomas and James Mack, were nabbed attempting to buy cocaine from an undercover drug enforcement agent in a police controlled warehouse in Saratoga, Tampa.

Mack was in possession of the gun for which Banton is charged. He has since signed an affidavit that he did not know the Jamaican Reggae star before he was arrested and that Banton knew nothing about the gun or US$130,000 which was found in a secret compartment of a Honda motorcar he was driving.

The prosecution had contended during the trial that started on September 20 that Banton was in a conspiracy with the men to possess and distribute the cocaine.

Buju's album hits charts within hours of release

http://www.jamaicaobserver.com/entertainment/Buju-s-album-hits-charts-within-hours-of-release_8005907

Buju's album hits charts within hours of release
Wednesday, September 29, 2010

Within hours of its release in North America, Buju Banton's album, Before the Dawn, is already creating waves.
The album, which comes on the heels of Monday's news of a hung jury in Buju's drug trial, has debuted at number two on the iTunes Reggae charts for the US market.

On this chart, Bob Marley's album, Legend, holds the top spot. Other acts holding down places are Hassidic Jew, Matisyahu, Michael Franti and Spearhead and US-based Reggae band, Rebelution.

Described by Gargamel Music as a prophetic project, the album is said to encapsulate the experiences of the artiste who has been imprisoned in Florida since last December on a charge of conspiracy to possess and distribute five kilogrammes of cocaine.

Gargamel Music quotes Buju as saying, "All the songs on this album were written before I and I found I self in this current situation, yet they all speak profoundly to what I and I am going through right now...You might can lock the flesh but you can never lock the spirit of Rasta."

In an interview with the Jamaica Observer on Monday, Buju's manager Tracii McGregor was asked whether she felt that the publicity the deejay has received throughout the trial would have a positive effect on the release of the album. McGregor noted that like all Buju's releases, Before the Dawn was highly anticipated by the Gargamel's fans.

Already, the track Innocent, is being seen as the unofficial anthem of Before the Dawn, which is Buju's ninth studio album. The release date for the UK and France is set for next Monday, October 4, the album will be available in the rest of Europe this Friday.



Defence lawyer makes bail case for Buju

http://www.jamaicaobserver.com/news/Defence-lawyer-makes-bail-case-for-Buju-

Defence lawyer makes bail case for Buju 
BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com
Wednesday, September 29, 2010

TAMPA, USA — Buju Banton’s lawyer David Markus filed a motion in the Sam M Gibbons Federal Court yesterday asking that his client be granted bail.

Markus said in court documents that his client was not a flight risk, that he was not a threat to the community, and pointed out that the government’s case against the artiste was weak and will not get any better.
He also argued that the only reason Banton was not previously granted bail was that his entertainment visa was revoked by immigration authorities on his arrest in December last year. He said that if Banton, real name Mark Myrie, is granted bail, he would also seek bond in the immigration court to prevent the artiste’s deportation to Jamaica.

“Accordingly, Mr Myrie respectfully requests that a bond be issued forthwith,” said the court document.
Should Banton be offered bail, he faces detention by immigration officials who would seek to have him deported to Jamaica as his entertainment visa was revoked when he was arrested at his Florida home on December 10, 2009 and charged with conspiracy to possess and distribute five kilograms of cocaine and possession of a firearm during the furtherance of a crime.

His bail hearing has tentatively been set for October 6 in the Tampa Federal Court.
The prosecution has 20 days in which to respond to the defence’s motion.

On Monday, the artiste breathed a sigh of relief after a 12-member jury emerged from two and a half days of deliberation deadlocked on whether or not the Jamaican Reggae star was guilty or innocent of the cocaine-trafficking charges which carry a sentence of 20 years to life and a fine of US$4 million.

Banton is scheduled to return to court for a new trial in December on a date to be decided. If a panel of jurors cannot arrive at a verdict in the upcoming retrial, then his case will be thrown out.

His attorney has expressed confidence that he will be able to get a not guilty verdict for the four-time Grammy nominee.

Column: Set Buju Free

http://www.jamaicaobserver.com/columns/Set-Buju-free_8006254

Set Buju free
Wednesday, September 29, 2010

Dear Editor,
Now that the smoke has cleared and there is a hung jury, Mark Myrie, otherwise known as Buju Banton, by the grace of God must be declared a free man.

On September 27, 2010 a 12-member jury came back after three days of deliberation undecided, kudos to the defence team.

The United States of America has tried to maintain a transparent justice system where a man is innocent until proven guilty, and even though there are flaws, their system works. In America they understand the premise that justice and power must be brought together, so whatever is just may become powerful, and whatever is powerful may become just.

There is a lot to be learned from this case where a man who came from the inner city used Reggae music to touch the world. We are thankful for the mistrial. In Buju's time of dire need the world will be there to encourage him and touch his life also.
Buju Banton is a Reggae icon and the world has taken notice. Whoever is behind this train-wrecked entrapment scheme is losing this battle. He is becoming a symbol of perseverance.

Buju should be exonerated with apology. The plans for his demise will not end now. The powers that be must want something so valuable from this young star that they have not received yet. This is a blatant attack on Reggae music, our culture and our rights as Jamaicans.

The prosecution has failed, beyond a shadow of doubt, to prove its case. So many paid informants to entrap this one man. As we say in Jamaica "A wha suh?".

In all the evidence presented by the prosecutor Buju (a) never paid a dime for anything, (b) never agreed to buy anything, (c) was unaware cocaine would be at the warehouse, (d) after seeing the cocaine ended all contact with the informant, and this list could go on and on.

Although no proof of him being a drug dealer was presented, they still want to take away his life. It won't happen, there is a God. Whatever we do in life we answer to God, not man.

This man must be free to continue inspiring and enlightening his people. Silence is what they wish to gain, but Buju is a lion in this here jungle we all call earth.

He is an artiste who has, for over 20 years, been a positive influence and role model to many young people all over the world. Mr Myrie made many hits in his career and was nominated four times for Grammys.

At the impressionable age of 17 he made a song that, it was evident, he or his management team did not think would have such a negative effect in the international arena. This song, Boom Bye Bye, was just an expression of his cultural context which is still endorsed by Jamaicans and their leaders.

The homosexuality issue is just a front for their ulterior motive. Buju is now 37 years old with children who depend on him and he is much more conscious and wise.

The music he has produced since this unfortunate song is simply spiritual and enlightening, demonstrating that he has matured into an intellectually stimulating musician who will eventually take his place with artistes like Big Youth, Bob Marley and Dennis Brown.

Tanasha Buchanan
tanashabuchanan@yahoo.com

Buju bail hearing set for October 6

http://go-jamaica.com/news/read_article.php?id=22923

Buju bail hearing set for October 6


The Hearing on the Motion for Bond for Jamaican reggae star Buju Banton is set for October 6, 2010 at 1:30p.m in Florida before Magistrate Judge Anthony Porcelli.

The prosecution in the case involving Jamaican reggae superstar Buju Banton has also been granted until September 30, 2010 to file a response to Myrie's Motion for bail.

Buju’s lawyer filed the application yesterday after the judge, James Moody, declared a mistrial, when the 12-member jury was unable to reach a unanimous decision in the drug case.

The judge said a new trial is to be held in December on a date to be announced.

Buju’s attorney, David Markus, has asked the court to release his client on bail, pending the next trial.

Markus is maintaining that his client will be found innocent.

Billboard: Buju Banton Drug Case -Judge Declares Mistrial

http://www.billboard.com/news/buju-banton-drug-case-judge-declares-mistrial-1004117147.story#/news/buju-banton-drug-case-judge-declares-mistrial-1004117147.story

Buju Banton Drug Case: Judge Declares Mistrial

by Jennifer Kay, Associated Press  |   September 28, 2010 8:11 EDT 



A Florida judge declared a mistrial for Jamaican reggae star Buju Banton, who was accused of conspiring to buy cocaine from an undercover police officer last year.

U.S. District Judge James Moody made the decision after the 12-person jury sent him a second note saying they couldn't reach a verdict.

In an earlier note, jurors said they were having trouble reaching an agreement on Monday (Sept. 27) shortly after returning from a weekend recess. Moody then sent them back to keep trying. Deliberations had begun Thursday after a four-day trial.

The jurors declined to tell reporters about their deliberations.

Banton's attorney has asked Moody to release Banton on bond. He has been held without bond since his Dec. 10 arrest.

The attorneys and Moody discussed scheduling a new trial in December.

Banton, a four-time Grammy nominee, had been charged with conspiracy to possess and distribute cocaine and aiding two others in possessing a firearm during the course of cocaine distribution. He faced up to life in prison.

Banton's attorney, David Markus, had argued that the singer was entrapped by a U.S. government informant.

"We were hoping to get a good verdict today. That said, 12 jurors did not believe Buju did it," said Banton's attorney, David Markus. "The government tried to prove its case beyond a reasonable doubt, and they did not do it."

Before being led away in leg shackles, Banton reached out his arms to about two dozen family, friends and fans seated in the federal courtroom in Tampa.

"Thank you all. Love you, too," he said.

Assistant U.S. Attorney James Preston declined to comment after court adjourned.

The 37-year-old singer, whose real name is Mark Myrie, testified that he talked a lot about cocaine with the informant, Alexander Johnson, but he was only trying to impress the man, who claimed to have music industry connections, and not secure a drug deal.

Johnson testified that Banton admitted involvement in drug trafficking, and he wanted to give Johnson money so he could buy and sell cocaine.

Excerpts from their recorded conversations from July 2009 through December were played for the jury.

Banton said he never wanted nor expected Johnson to set up a cocaine deal, despite what he said in the recordings. The singer had told Johnson that he financed drug deals, wanted to sell drugs in Europe, buy drugs from the Caribbean and South America and use Johnson's boat to transport drugs.

Johnson testified that he surprised Banton with cocaine at an undercover police warehouse in Sarasota on Dec. 8. Surveillance video shows Banton peering over co-defendant Ian Thomas' shoulder at the cocaine, and the singer tasting the drugs with a finger.

On Dec. 10, Thomas and another co-defendant, James Mack, were arrested at the warehouse after trying to buy the drugs. Banton was not present and was arrested at his Miami-area home.

Thomas and Mack pleaded guilty, and each faces up to life in prison. Neither testified in the trial that began Monday in Tampa federal court.

Banton's new album, "Before the Dawn," will be released Tuesday. The album's 10 songs, including one titled "Innocent," were recorded in Kingston, Jamaica, last year before Banton's arrest.

"It speaks volumes about what's going on now in Buju's life," said his manager, Tracii McGregor. "Buju has said his body is locked away, but Buju is with us, he lives through his music."

BUJU BANTON- FREE THE MAN MIX 2010 DJ J-FARI

Sep 28, 2010

Today's cartoon




http://www.jamaicaobserver.com/tools/cartoons/ed-cartoon-sep-28-2010

Lawyer applies for bail - Assures court artiste not a flight risk

http://www.jamaicaobserver.com/news/BUJU-LATEST--Lawyer-applies-for-bail

BUJU LATEST: Lawyer applies for bail
Assures court artiste not a flight risk


TAMPA, Florida — Buju Banton's lawyer David Markus has a filed motion in the Sam M Gibbons federal court this morning asking that his client be granted bail.

Markus said in court documents that his client was not a flight risk, that he he was not a threat to the community and pointed out that the government's case against the artiste was weak and will not get any better.

He also pointed out that the only reason Banton was not previously granted bail by a magistrate was that his entertainment visa was revoked by immigration authorities at his arrest in December last year.

He said that if Banton, real name Mark Myrie, is granted bail, he would also seek bond in the immigration court to prevent the artiste's deportation to Jamaica.

"Accordingly, Mr Myrie respectfully requests that a bond be issued forthwith," said the court document.

Should Banton be offered bail, he faces detention by immigration officials who would seek to have him deported to Jamaica as his entertainment visa was revoked when he was arrested at his Florida home on December 10, 2009 and charged with conspiracy to possess and distribute five kilograms of cocaine and possession of a firearm during the furtherance of a crime.

Video: News report - Buju Banton's Lawyer applies for bail

Before the Dawn - Buju's new album released today

http://www.jamaicaobserver.com/entertainment/Before-the-Dawn-Bujus-new-album-released-today_7949438

Before the Dawn - Buju's new album released today

Despite his current incarceration, Buju Banton was heavily involved in putting together this latest album, Before The Dawn. From choosing the final track listing and labouring over the phone with the producers and engineers to get the mixes just right, as well as to conceptualising the project's distinguished packaging, was the level of his involvement.
Hard copies of the album contain a special note written from inside the Pinellas County Jail in Clearwater, Florida, where he has been housed for the past nine months.
Buju’s new album released today
1/1
Before The Dawn will drop in North America and Japan today. The release date for the UK and France has been set for October 4, however, it will be available in the rest of Europe a few days earlier from October 1. Fans around the world may pre-order the album now on both iTunes and Amazon.com.
The ninth studio album by the international musician, Before The Dawn boasts 10 tracks that comprise some of the most powerful songs written by Banton since his professional entry into the music business over twenty years ago.
Recorded at Banton's own Gargamel Music studio in Kingston, Jamaica, Before The Dawn is said to contain the traditional roots Reggae sound on the track Do Good, a little classic rock on the tune No Smoking At All, and deep reggae on Battered & Bruised. Buju's handlers have named the track Innocent as the album's unofficial anthem, which they claim strikes a highly personal chord that is hoped will resonate deeply with the artiste's long-time fans.


Hung jury in Buju trial

http://www.jamaicaobserver.com/news/Hung-jury-in-Buju-case

Hung jury in Buju trial
Monday, September 27, 2010


TAMPA, Florida — The jurors in the Buju Banton trial have just told US Judge Jim Moody that they have failed to come to a unanimous decision despite almost three days of deliberations.

A new trial date is to be set and will be announced today.

Banton's lawyer David Markus has applied for bail for his client and the judge is expected to address the application later today.

Jurors evenly split on Buju's fate - Judge rejects lawyer's motion for mistrial

http://www.jamaicaobserver.com/Jurors-evenly-split-on-Buju-s-fate

Jurors evenly split on Buju's fate
Judge rejects lawyer's motion for mistrial
 

TAMPA, Florida — A jury foreman minutes ago told United States judge Jim Moody that they have not been able to reach a verdict in the drug case involving Jamaican Reggae star Buju Banton.

The foreman said the 12-member jury was split evenly.

"I don't know if we will get to a final decision. We don't feel that we will progress, so could you provide further instructions? Since Thursday we have been reviewing evidence, nobody has changed their minds from their original positions," the jury foreman told the court.

Moody then instructed the jurors to take their time in coming to a final decision.

"Be as leisurely as the occasion may require," Moody said.

The judge gave further instructions that none of the jurors should surrender their conscience decision.

Banton's attorney David Markus then filed a motion for a mistrial but Moody rejected the motion.

Banton appeared in court in a white shirt and a cream coloured pants today. His feet were shackled.

The long wait for a verdict has not been going down well with the artiste's supporters who all appeared nervous. 

Drums beat for Buju Banton - Vigil held at artiste's studio over weekend

http://www.jamaicaobserver.com/news/Drums-beat-for-Buju-Banton

Drums beat for Buju Banton
Vigil held at artiste's studio over weekend 


Jamaica Observer
Monday, September 27, 2010

ELDER Rastafarians gathered at Buju Banton's Carlisle Avenue Gargamel Studios and chanted nyahbingi all night Saturday and Sunday. The drums — the kette, funde, and bass — pounded all night as the Rastafarians chanted for Buju's freedom.

Banton is awaiting a verdict in his drug-related case in Florida.

"Black liberation day. Oh what a great day this will be when I and I are free," the Rastafarians chanted in unison.

Several artistes, supporters and well-wishers also gathered at the studio to show their solidarity with the artiste and participate in the two-night vigil.

"When Rastaman beat drums, babylon quake and the beat of the drum shook Rome," an elder Rastafarian said.

One Rastafarian travelled several miles from the hills of deep rural St Andrew to show his support for the artiste.

"A months me no come inna the city. I man live inna the hills far from babylon and them corruption but I man haffi come a Buju come send up two chant fi the King cause babylon must free up the man," the elder Rastafarian said.

The Gargamel Studios is situated in the middle-class neighbourhood of Whitehall Gardens and although many of its residents are working-class, there were few complaints about the constant pounding of the drums.

"Yes, it is a bit incessant, but we too want Buju to be freed and if the Rastas chanting is any help, let them chant for the man. He is very likeable person and a good neighbour," one woman who gave her name as 'Sandie' said.

The panel of jurors will resume deliberations this morning at the US Gibbons court in Tampa, Florida.
 

Buju to get December trial date - Bail application to be heard tomorrow

http://www.jamaicaobserver.com/news/New-trial-in-December-for-Buju

Buju to get December trial date
Bail application to be heard tomorrow

BY PAUL HENRY Observer reporter
Monday, September 27, 2010

TAMPA, Florida — Reggae star Buju Banton will have to wait until December to know his fate.

United States Judge Tim Moody announced that a new trial will begin in December.

Banton's attorney David Markus made an application for bail for his client and was told that the court would hear the application tomorrow.

Banton seemed relieved when the announcement of a new trial date was made.

Sep 27, 2010

Worldwide appeal for Buju

http://www.jamaicaobserver.com/news/Worldwide-appeal-for-Buju_7999514

Worldwide appeal for Buju
Supporters intensify prayers, fasting for Reggae artiste's freedom
BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com 

TAMPA, USA — Scores of Buju Banton supporters are hopeful that the Reggae artiste will be freed this morning after spending an anxiety-filled weekend in earnest prayer and fasting, and calling on worldwide audiences to join them in their appeal to God.
Jurors are expected to continue deliberating Banton's fate in the Sam M Gibbons Court this morning.
"We are praying for freedom. That is what we are praying for because freedom is a must," a supporter who goes by the name Ruben, told the Observer yesterday.
"The heathens said there is no God, but we are going to show them that there is a God," added Ruben, who spoke on behalf of the group.
Supporters of Banton, whose real name is Mark Anthony Myrie, have spent prayerful days since his arrest last December on cocaine-related charges and since the opening of his trial last Monday.
On the weekend, however, the calls on heaven appeared more intense as jurors on Friday concluded a second day of deliberation without arriving at a verdict. Across the Internet, requests were made for supporters to pray for Banton's acquittal, while others said they would be praying and fasting for a favourable outcome.
At a hotel in Tampa, where scores of Banton's supporters and relatives checked in after flying in from New York, Los Angeles and Jamaica, fasting and prayer and the reading of Bible verses was the order of the day.
The supporters co-ordinated their prayer time to coincide with that of Banton's. Banton is being held without bail.
And there is every reason to pray. If convicted of the crime the US Government is contending that the Jamaican artiste has committed, Banton, 37, could be sentenced to anywhere from 20 years to life in prison, and a fine of up to US$4 million.
Banton was arrested at his Tamarac, Florida home on December 10 and charged with conspiracy to possess and distribute five kilogrammes of cocaine and possession of a weapon during the furtherance of a crime.
His arrest followed that of two of his former co-accused, Ian Thomas and James Mack, who were nabbed during a sting operation at a warehouse in Florida after buying the five kilogrammes of cocaine from drug enforcement agents. Mack was carrying the gun for which Banton has been charged.
Thomas and Mack, who were jointly charged with Banton, pleaded guilty and will be sentenced in November.
Jurors will, at 8:45 this morning continue, to deliberate on whether or not Banton was a party to the deal at the warehouse.
The prosecution, led by Jim Preston, has said that Banton was the mastermind behind the deal; that he was the man who brought it all together with his earlier talks with Government informant Alexander Johnson as far back as July 2009.
Both men had met on a flight from Madrid to Florida, during which time drugs were discussed and they met the following day and remained in telephone contact.
Preston had told the jurors during the trial that Banton in December introduced Thomas to Johnson for the men to conclude the deal. Thomas eventually contacted Mack, who came from Georgia with US$130,000 to purchase the illicit drug when the two were arrested.
Only two days earlier, on December 8, Banton was videotaped tasting a sample of cocaine after Thomas handed him a knife which he used to cut into a five kilogramme parcel of drug.
But Banton's lawyer, David Oscar Markus, countered during the trial that his client was entrapped by the Government. He said that Johnson had, between July and December, vigourously pressured Banton about making cocaine deals.
Banton had said in his own defence that he was merely talking "crap" and trying impress Johnson when he was recorded between July and December talking about investing in the trafficking of cocaine.
The artiste told jurors that he did not know that he would be seeing drugs when he accompanied Johnson to a warehouse on December 8 where he was videotaped tasting the cocaine.
Banton said that Johnson had led him to believe he was going to inspect a sailboat Johnson owned.
Indeed, Johnson had testified under cross-examination that on December 8 he never told Banton that he was going to see cocaine. He said it was a flash showing.
Banton testified that he had stopped taking Johnson's calls since that day when he realised that Johnson was a real drug dealer.
While giving evidence last week, Banton told the jurors that he was "nervous and scared".
On Thursday, just as the case was being turned over to the jurors for deliberation, Banton turned to his supporters seated behind him and indicated that they should pray.

Understanding The Buju Banton Case

http://www.dancehall.mobi/2010/09/26/understanding-the-buju-banton-case-dancehall-mobi-qa/

Understanding The Buju Banton Case
Dancehall.Mobi Q&A

After a full-day of deliberation on Friday (September 24), the 13 member panel of jurors in the U.S. federal drug conspiracy trial of dancehall/reggae artiste Buju Banton were yet to reach a verdict. Deliberations were adjourned for the weekend, and are set to resume tomorrow morning at 8:45 (EST). Local, regional and international interest in this case has been intense, and there has also been some amount of confusion surrounding several points of interest in the case and U.S. law in general. As such, Dancehall.Mobi put a few questions to Sarah Hsia, a U.S. attorney who consults with the Jamaican law firm GORDON | McGRATH. Our questions are in bold below, followed by her detailed responses.

1) Why are the jurors taking so long to come to a decision. What facts of the case might be tying them up?

SH: In criminal cases in the US, all 12 jurors (the 13th juror is an alternate and does not participate in deliberations unless, as has happened with this case, one of the jurors is excused) must unanimously agree on whether a defendant is guilty or not guilty. In order for them to find Mr. Myrie guilty, all 12 jurors must believe that he is guilty “beyond a reasonable doubt” (usually interpreted as more than 95% sure). It is really difficult to get 12 strangers to agree on anything! And in this case, because the prosecution did not have any direct evidence linking Mr. Myrie to the money or the drugs, the case really depends on whether the jury believes the prosecution’s witnesses, or the defense’s witnesses. In other words, it’s a “he said-she said” situation.

The prosecution’s case relies heavily on the testimony of its informant, Mr. Johnson, as well as on Mr. Thomas and Mr. Mack, Mr. Myrie’s co-defendants. The jury might not believe these witnesses, because each of them potentially has an ulterior motive for making their statements: the informant, because he is being paid by the government, and the co-defendants, because they have made plea deals with the government. In other words, the prosecution’s witnesses are not innocent bystanders. On the other hand, the prosecution has Mr. Myrie on tape engaging in acts that could indicate that he was involved in the drug deal. Will the jury believe Mr. Myrie’s testimony over Mr. Johnson, Mr. Thomas and Mr. Mack? This is probably why the deliberations are still ongoing.

2) Do the jurors have to reach a verdict within a set time or could this go on indefinitely?

SH: There is no set time for the jurors to reach a verdict; however, at some point, if they really cannot reach a unanimous decision, they will declare themselves deadlocked, and the judge must declare a mistrial. The government could then decide to retry its case against Buju. This would mean he would have to stay in jail pending the retrial.

3) How many of the jurors need to ‘agree’ in order to arrive at a verdict?


SH: In the United States, all 12 jurors must unanimously agree on a verdict.

4) If he’s found not guilty, what happens next (given that he’s not an American .. Will they deport him?)?


SH: I understand that just after he was arrested, the US revoked his visa. This means that even if he is acquitted of the charges pending against him, he will be deported to Jamaica.

5) If he’s found guilty, what happens next? Can he appeal? Does it make sense for him to appeal? How far ‘up’ can he take the appeal?


SH: If Mr. Myrie is found guilty, he can appeal. Given his immigration status, he would have to stay in jail pending the appeal. According to a report in the Jamaica Observer newspaper, the U.S. Government reportedly offered him a plea deal sentence of two years. If this is true, since the appeal process could easily take another year or more, he might decide to take the plea deal and just serve the two years rather than spend another year in jail and still risk ending up with a sentence of 20 years to life. However, a felony conviction would severely curtail his ability to tour as an artiste in the future, as many countries will deny visas to convicted felons (as we saw with Paris Hilton in Japan recently).

6) If found not guilty, will he still be able to visit and work (perform, tours etc.) in the United States?

SH: He would not be able to return to the United States without a visa. Either way, his touring career will likely take a huge blow.

7) If found not guilty, can he be retried at a later date (for e.g. If the prosecution finds new evidence)?


SH: No. In the U.S., there is something called “double jeopardy”, which means that if a defendant is found not guilty of a crime, he may not be retried for the same or similar crime.

8.) Please explain this whole concept of conspiracy as it relates to U.S. Law and this particular case.

SH: In the U.S., a conspiracy to commit a crime is committed when a defendant agrees with one or more people to commit a crime, and one of them actually commits the crime (it doesn’t matter which one). In other words, if you and I agree to rob a bank, and you actually go rob the bank without me, I would still be guilty of conspiracy. I understand that the jury asked the Judge on Friday afternoon whether a crime was actually committed in the warehouse when Mr. Myrie’s co-defendants were arrested, and the Judge responded yes. That means that the jury is most likely still trying to decide whether Mr. Myrie agreed with his co-defendants to commit the crime for which they were arrested. We know that the prosecution has Mr. Myrie on tape engaging in acts that could indicate that he knew about the drug deal. But did he agree to commit a crime with Mr. Mack and Mr. Thomas? That is the big question.

9) This trial proceeded rapidly (went to the jurors for deliberation within 4 days). Is this the normal pace for a trial like this in the U.S. Courts?

SH: The speed of a trial depends largely on how complicated the case is, how much evidence there is, and what the lawyers’ strategies are. The pace of this trial was actually pretty quick, I thought, which either means that the prosecution is very confident in their case, or that their case is weak for lack of evidence. One possibility is that even though their case was weak, the prosecution is gambling that Mr. Myrie would rather take a conviction and a relatively brief prison sentence, rather than risk more than 20 years in jail.

10) Do you think it’s a good sign (for either the defence or the prosecution) that the jury deliberations are taking so long?

SH: It is impossible to say either way! Jury deliberations depend so much on factors such as the personalities of the jurors, and their personal experiences and prejudices; it is entirely possible that two different juries seeing the same evidence could return different verdicts! Someone who lost their job, for example, could feel really bitter towards a government informant who was making an enormous amount of money for being involved in crime. Or a juror who has a dominant personality can sometimes railroad weaker jurors into agreeing with them.
However, in my experience, jurors are typically eager to finish jury service and get back to their lives and their jobs. If the jury was close to a unanimous verdict, I think that it is likely that they would have finished deliberations on Friday, so they wouldn’t need to return on Monday. The fact that they are continuing deliberations on Monday means that it is not a clear cut case. But, it is also possible that a juror who was ‘on the fence’ on Friday, could have thought about it all weekend, and reached a decision. So it could all be resolved on Monday morning.



Buju Banton's drug trial the talk of Jamaica


Buju Banton's drug trial the talk of Jamaica

KINGSTON, Jamaica – The U.S. drug trial of reggae star Buju Banton is the talk of Jamaica, where islanders are debating his guilt or innocence on street corners, in offices, in letters to the editor and on social networking websites.
Banton, a four-time Grammy nominee who rose from the slums of Kingston to success in the 1990s, was arrested on federal drug charges in December and a Florida jury is deliberating whether he conspired to buy cocaine from an undercover police officer. The 12-person panel reconvenes Monday in Tampa federal court.
In the Jamaican capital, some people are dissecting every detail of Banton's case, a few even comparing him to the late reggae legend Bob Marley.
"I've been following it close because Buju is big in Jamaica, like a Bob Marley. Way I see it, they need to free the man cause they don't have any concrete evidence against him," Charles Barrett, a resident of the capital, said Sunday.
For others the case is more of a curiosity, a media-fed sensation that distracts from weightier news.
His most ardent fans are talking of conspiracy theories — that he was framed by the U.S. government or gay activists who have protested violent, homophobic lyrics from early in Banton's career as a brash dancehall singer.
"We all know it was a government set up. Just because of your beliefs they want to imprison you," wrote a person identified as R. Johnson on a Web page titled "Free Buju Banton."
The husky-voiced Rastafarian singer has long been a star in his homeland with the brash reggae-rap hybrid of dancehall music and, more recently, a traditional reggae sound.
"He's a major, major figure here, so his trial has dominated the media and people's conversations," Jamaican musicologist and disc jockey Bunny Goodison said. "He's been extremely important through the years because he's represented Rastafari and black consciousness in a very focused way."
On Friday, a false story that Banton had been found innocent was broadcast on an island radio station. Tumultuous applause broke out at an elite prep school when the rumor was announced as fact on the public address system. People across Kingston spread the false bulletin on Facebook and Twitter.
"The best illustration of Buju's importance is the broad sympathy for him and the desire for his release," said Carolyn Cooper, a professor of literary and cultural studies at the Mona campus of the University of the West Indies.
Others are far less sympathetic to the 37-year-old entertainer, whose real name is Mark Myrie.
"No matter how the trial turns out, Mr. Myrie has already let down himself and his fans," the Jamaica Observer said in an editorial Sunday.
Banton is charged with conspiracy to possess and distribute cocaine and aiding two others in possessing a firearm during the course of cocaine distribution. He faces up to life in prison.
In closing statements Thursday, Banton's attorney argued that an undercover U.S. government informant managed to connect only the two other men, but not Banton, to the conspiracy. Banton's team of lawyers has tried to prove the singer was a victim of entrapment.
The singer testified that he talked a lot about cocaine with a U.S. government informant, but said he was just trying to impress the man, who claimed to have music industry connections.
Assistant U.S. Attorney James Preston argued that Banton's conversations with the informant put the conspiracy into motion. Prosecutors said Banton was an established drug trafficker by the time he met the informant and the singer was looking for "more, new and different money through a new conspiracy he was shopping for" in addition to drug deals he had already financed.
Banton's arrest derailed plans to tour Japan after a tumultuous U.S. tour for his Grammy-nominated 2009 album, "Rasta Got Soul." Shows in several U.S. cities were canceled because of protests over his early homophobic lyrics and unapologetic anti-gay stance through the years.

Sep 21, 2010

DEA agent testifies in Buju's favour: Says he has no evidence reggae singer is a drug dealer

http://www.jamaicaobserver.com/news/DEA-agent-testifies-in-Buju-s-favour

DEA agent testifies in Buju's favour: Says he has no evidence reggae singer is a drug dealer 

TAMPA, Florida — Drug Enforcement Agent Daniel McCeaffrey, today testified that he had no evidence that Reggae singer Buju Banton, was involved in illicit drug dealing.

McCeaffrey, who gave evidence on the first day of the trial at the Gibbons US Federal Court in downtown Tampa, said there was no evidence that Buju Banton — whose real name is Mark Myrie — received any money from any drug deal.

He also said even though he was investigating Banton for a year, he could find no evidence that the artiste had collected any money from drug dealing.

He made the revelation during cross-examination from Banton's attorney David Markus.

Markus, in his opening salvo, told the 14-member panel of jurors that he would prove that Myrie was not a drug trafficker and had never invested in illicit drug dealing. He said that artiste would waive his right not to testify.

"He's got nothing to hide because the truth is on his side in this case," Markus said.

He said his client's big mistake was that he loved to talk. Markus said Myrie met DEA informant Alexander Johnson, a Colombian national, on a flight from Madrid Spain to Florida last year and during conversation Johnson introduced the subject of drug dealing to him.

He said Myrie had in fact tasted cocaine but that did not qualify him as a drug dealer.

Markus also argued that Myrie did not know about the US$130,000 that his co-defendant James Mack had been held with. The money he said was given to Mack by two men identified as 'Ike' and 'Tike' from Atlanta, Georgia.

The attorney said Mack and Ian Thomas were the ones who were dealing drugs and said his client made a decision not to partake in any deal and went to his Tamarac home in Florida, where he was arrested in December last year.

Mack and Thomas have taken plea deals and have agreed to testify against the artiste. All three are charged with conspiracy to possess with intent to distribute five or more kilogrammes of cocaine. The charge carries a sentence of 20 years to life and a fine of up to US$4 million.

Prosecutor Jim Preston argued that he would prove that Myrie is a known drug dealer who invested in multi-million dollar drug enterprises and he was arrested because he was starting a new venture.

Forensic chemist Alexandra Gongra also gave evidence that the substance that Thomas and Mack were arrested with was cocaine.

Telephone records analyst Donnie Godshoal also gave evidence today.

Dozens of Banton's supporters turned up outside the court to show their solidarity with the four time Grammy nominee.

His former manager Donovan Germaine, VP Records President Chris Chin and Deejay Delly Ranks were also present for the trial.

Sep 20, 2010

Jury selected for Buju Banton trial

http://www.jamaicaobserver.com/Jurors-selected-for-Buju-Banton-trial

Jury selected for Buju Banton trial
Reggae artiste appears to be in good spirits


Observer reporter PAUL HENRY reports from Tampa, Florida
Monday, September 20, 2010

TAMPA, United States — A 14 member panel of jurors was selected for the trial of Reggae singer Buju Banton in the Gibbons US Court in downtown Tampa this morning. The jury includes seven woman and only two African Americans.

Several jurors were excused because they expressed the view that marijuana should be made legal for medicinal purposes. However, Banton's lawyer David Oscar Markus, said he was satisfied with the make up of the jury.

Banton walked into court a few minutes before the proceedings started in a sports coat and black pants. His locks were caught up in a ponytail and his beard appeared well-groomed.

Six of his relatives and members of his band were also in court. Before the proceedings got underway, they held hands and sent up a prayer. There are also persons who have travelled from Jamaica and Los Angeles to support the artiste.

Banton is charged with conspiracy to possess with intent to distribute five or more kilograms of cocaine. His two co-defendants Ian Thomas and James Mack, have signed plea agreements and agreed to testify against him in exchange for lesser sentences.

The prosecution intends to call nine witnesses in a bid to secure a conviction against the artiste, who is registered as Mark Anthony Myrie.

Banton was arrested at his Tamarac home in South Florida in December, the same day Mack and Thomas were held attempting to buy cocaine from federal agents in a police controlled warehouse in Saratoga.

If found guilty Banton could be slapped with a sentence of 20 years to life and a fine of up to US$4 million.

The court is now in recess and evidence is expected to be presented when the trial resumes at 1:30 this afternoon.