Bob Marley's Son puts House up to Free Buju Baton

http://www.examiner.com/local-music-in-fort-lauderdale/bob-marley-s-son-puts-house-up-to-free-buju-baton

Stephen Marley recently posted his Miami -Dade property as bail for friend and reggae singer Buju Banton.  To secure his release bail was set at $250,000 in equity, as well as strict security measures.  Buju Banton has been in jail since December 10, 2009 for alleged drug charges.  Many feel the reggae singer  was set up and the ordeal was entrapment.

"Mr Mark Myrie (Buju Banton) hereby notifies the Court that Stephen Marley, well-known entertainer and son of Bob Marley, and his wife Kertia DeCosta Marley, are willing to substitute as the signatory for the bond in lieu of Mr Chavalier. His property is located in Miami-Dade county and has an approximate equity of $350,000. As evidence, Mr Myrie will provide the Court with a recent appraisal of the residence, a title search, a copy of deed and mortgages, outstanding mortgage balances, and affidavits from Mr Marley and his wife," court documents filed by Banton's lawyer David Markus stated.

“Marc Seitles, one of Banton’s lawyers, said the artiste was looking forward to going home. “I met with Buju after the hearing and he was very positive and looking forward to sleeping in his own bed in Tamarac, Florida,” Seitles told the Observer. “We are extremely pleased that bond was granted…,” Markus said. “It was the right decision because Buju isn’t a risk of flight or a danger to the community.” (Jamaica Observer)

Friendship runs deep and Buju has strong friends.  The singer has been a strong voice in reggae music and although facing life in prison has remained positive throughout the ordeal.  Recently a jury deadlocked in the matter and there was a mistrial.  Stephen Marley also testified on behalf of Buju in that trial as a character witness who has known Buju for almost 20 years.  Another trial was scheduled for December 6, 2010 for conspiracy to possess and distribute cocaine.  Buju is also facing deportation as his Visa was revoked at the time of his arrest.  For now, if the bail is secured he will be able to return to his Tamarac, Florida home under strict house arrest.

Disagreement keeps Buju in US jail

http://www.jamaicaobserver.com/news/Disagreement-keeps-Buju-in-US-jail_8089302

REGGAE artiste Buju Banton's release from a US jail has hit another snag due to a disagreement with the prosecution over the security company he wants to hire for his 24-hour security detail.

The disagreement is such that the parties will be heading back to the Sam M Gibbons Federal Court for the matter to be reviewed by Magistrate Judge Anthony E Porcelli tomorrow.

"The defence can't get the prosecutor to agree to the security company," a source close to the matter told the Observer.

As part of his bail conditions, it was stipulated that Banton be placed under house arrest, have a 24-hour security detail, at his expense, and wear an electronic monitoring device. The security detail is to ensure that Banton does not violate the terms of his house arrest.

Judge Porcelli had also ruled that the government agree with whatever security arrangement Banton is putting in place.

Banton, whose real is Mark Anthony Myrie, was offered bail in the sum of $250,000 bail after his cocaine and gun trial ended in September with a hung jury.

A retrial is slated for some time in December.

The Observer reported last week that the four-time Grammy nominee artiste was having problems taking up his bail because of the strict conditions set by Judge Porcelli.

Banton was arrested at his Tamara, Florida, home last December and charged with conspiracy to possess and distribute five killogrammes of cocaine, and possession of a weapon during the furtherance of a crime.

Under the terms of the house arrest, Banton can only leave his house for meetings with his attorney, for doctor's appointments, to purchase medication and for court-appointed hearings. He will also be subjected to drug testing.

He will have to surrender all his travel documents.

After clearing this hurdle of satisfying the bail conditions, Banton's legal team will have to seek bond in the immigration court. Banton's entertainment visa was revoked following his arrest.

The conditions were set as there were concerns that the artiste may be a flight risk.

Bail conditions proposed for reggae star Buju Banton

http://www.tampabay.com/news/courts/criminal/bail-conditions-proposed-for-reggae-star-buju-banton/1128120

By Richard Danielson, Times Staff Writer
In Print: Friday, October 15, 2010

---

TAMPA — If internationally known reggae star Buju Banton wants to get out of jail before his retrial on cocaine conspiracy charges, it won't be cheap.

To make bail, Banton would have to post $250,000 — secured by the equity in a friend's house — wear an electronic monitor and undergo drug testing.

Banton also would have to pay for around-the-clock security, probably off-duty sheriff's deputies, to watch his every move. And there wouldn't be many moves to watch.

Banton, 37, whose real name is Mark Anthony Myrie, would essentially be on house arrest at his home in the Broward County town of Tamarac. "The court's main concern is a risk of flight," U.S. Magistrate Judge Anthony Porcelli said at a hearing Thursday.

Banton could only leave the house, accompanied by his security detail, to meet his lawyer on his case, go to court, see a doctor or pick up medicine prescribed by a doctor. Moreover, a pretrial services officer would have to approve every trip ahead of time or Banton would go back to jail.

If Banton's attorney arranges for the security detail, prosecutors still could request another hearing before he gets out. Assistant U.S. Attorney James Preston Jr. told Porcelli that Banton should be detained.

Banton, a citizen of Jamaica, is one of reggae's top performers, and the case is being closely watched in the Caribbean. Within an hour of Thursday's hearing, Twitter was abuzz with celebratory postings.

But Banton's release, if it happens, would be anything but immediate. Even if he meets every condition described by Porcelli, he would still have to have a hearing before an immigration judge before he could be released, said his attorney, Marc David Seitles of Miami.

[Last modified: Oct 14, 2010 10:55 PM]

Buju gets bail

http://www.jamaicaobserver.com/news/Buju-gets-bail

JAILED Reggae artiste Buju Banton was this afternoon offered $250,000 bail in the Sam M Gibbons Federal Court in the United States.

But Banton, real name Mark Myrie, is still not in the clear as his lawyer David Oscar Markus will now have to seek bond in the immigration court to prevent his deportation to Jamaica. Banton’s entertainment visa was revoked when he was arrested last December.

As part of Banton's bail condition, he will have to wear a monitoring device and will be subject to house arrest and 24 hour security, to be paid for by the defence.

He can only leave his house for meetings with his attorney and for doctors’ appointments and to purchase medication. He will also be subjected to drug testing.

Buju bail hearing Thursday - Jamaican Reggae star's fate still uncertain

http://www.jamaicaobserver.com/news/Buju-bail-hearing-Thursday

 

UNITED States magistrate Anthony Porcelli will on Thursday hear follow up arguments before he makes a decision on bail for Reggae star Buju Banton at the US Gibbons Court in Tampa, Florida.

An Observer source said it is likely that no decision will be made in relation to Banton receiving or being denied bail, when the matter is mentioned on Thursday afternoon.

Banton's attorney David Markus was not available for comment today.

Markus had last week applied for bail for his client after a 12 member panel of jurors failed to arrive at a united verdict which resulted in the singer's trial for drug-related offenses ending in a mistrial.

He is set to be re-tried in December and Markus is seeking to have his client released until the trial starts. But Banton's immigration status has caused some worry as he is likely to be picked up by immigration authorities even if he is granted bail.

Markus had indicated that Banton is not a flight risk and said he will be seeking an additional bond in the Immigration Court if bail is granted. But United States prosecutor James Preston is not letting up and has asked the court to throw out Markus' application without a hearing.

Banton , whose real name is Mark Myrie, has been in jail since December. He was arrested at his Tamarac home in South Florida by federal agents hours after his two co-defendants —James Mack and Ian Thomas — were arrested attempting to purchase cocaine from undercover cops in a police controlled warehouse in Sarasota, Florida.

Mack and Thomas have signed plea deal arrangements and will be sentenced next month.

But Banton maintains that he is innocent.

The singer's supporters and fans have started a drive to get 15,000 signatures on a petition to US Attorney General Eric Holder, urging him to step in and thwart the prosecution's bid to keep him languishing in jail.

Below is a copy of the petition:

Attorney General Eric H. Holder

U.S. Department of Justice

950 Pennsylvania Avenue,

NW Washington, DC 20530-0001

Dear Attorney General Holder:

I am writing to ask for your intervention with respect to a grave injustice against Grammy-nominated reggae music icon Buju Banton (legal name Mark Anthony Myrie).

The incarceration of this legendary musician without bail is unconscionable. He has been incarcerated in the Pinellas County Jail in Clearwater, Florida since January 2010 while he awaited his trial for drug conspiracy charges in the Middle District of Florida for which he has pleaded not guilty.

The charges are a result of information provided by a professional informant who relentlessly pursued Mr Myrie for six months to participate in a drug deal.

The trial held in September resulted in a hung jury.

In our great system of justice the accused is innocent until proven guilty. Therefore, persons accused of crime are entitled to bail. Mr. Myrie meets all of the requirements for bail, yet it has not been granted.

The professional informant in Mr. Myrie's case is a convicted drug trafficker from Colombia. This convicted felon has been granted legal immigration status and to date has earned over three million American dollars (tax free) for serving as an informant to various US government agencies. Taxpayer dollars certainly could be spent more effectively than on trying to entrap individuals who have no previous criminal record and have never been involved with drugs in any manner.

Is the Federal government presently in the business of creating criminals?

Mr Myrie, aka Buju Banton, produces uplifting, positive music comparable to the music of Bob Marley. His work inspires people worldwide. He has been nominated for a Grammy Award, the highest achievement in his field, four times since 1999. He is one of the leading voices of his generation, shedding light on such issues as the unrelenting violence and abject poverty pervasive in the Third World.

He has also represented his country in performances at the Summer Olympics in Greece in 2004 and at the Cricket World Cup Opening in 2007. Buju commemorated Jamaica's support for President Obama collaborating with Dave Stewart on "American Prayer," a tribute to the President. Additionally, Buju is a family man, an employer and a generous philanthropist.

Given Buju Banton's exemplary reputation, his humanitarian efforts and his cultural contributions to society, he should not be languishing in jail at US taxpayers’ expense.

I urge you to do whatever possible to end this injustice.

Sincerely,

An innocent man

http://www.jamaica-gleaner.com/gleaner/20101010/focus/focus3.html

An innocent man

Published: Sunday | October 10, 2010 0 Comments and 0 Reactions

Gordon Robinson

Buju Banton

Gordon Robinson, Contributor 
 
United States (US) federal prosecutors have done their best to hang Buju Banton out to dry, only to succeed in hanging the jury instead.
 
Interested onlookers should get a grasp of one abiding legal principle in order to understand fully what's happened at this farce of a trial. The fundamental forensic tenet applicable here is a trite rule laid down from Blackstone's time: "Mout' mek fi chat!"

Secondary on the list of legal fundamentals at play is the criminal law requirement of proof beyond a reasonable doubt. It's unnecessary for proof to be offered beyond a shadow of a doubt (which is the oft televised standard for most legal dramas), as the only way to achieve this would be for the jury themselves to witness the crime.

Endless possibilities
 
Absolute certainty isn't required or nobody would be convicted. Possibilities are endless. Eye-witnesses can be lying. Paranoid defendants might actually be the subject of complicated conspiracies. For example, Iran's president, Mahmoud Ahmadinejad, actually believes that the US attacked itself on 9/11. Anything's possible. But, in a criminal court where the presumption of innocence holds sway, once a doubt is raised that would be expected to trouble a reasonable person, the accused must be acquitted. Jurors must be prepared to listen to both sides and keep an open mind. "If it doesn't fit ..."

"Some people stay far away from the door
if there's a chance of it opening up.
They hear a voice in the hall outside
and hope that it just passes by.
Some people live with the fear of a touch
and the anger of having been a fool.
They will not listen to anyone
So nobody tells them a lie."


What have we here? The Gargamel, prompted by a paid US government informant, whose job is as dependent on his production (of drug dealers for prosecution) as a Detroit motor car factory's conveyor belt is on car parts, boasts of his expertise in making international drug deals. If that makes him an international drug dealer, then every Jamaican man is as prolific with the girls as Wilt Chamberlain. Boasting is male Jamaica's favourite pastime and a required course for all prospective graduates from the University of the Dancehall.

Fundamental principle
 
And another fundamental legal principle (right up there with 'mout' mek fi chat!') is dogs who bark, don't bite. Has anyone ever heard Presi boasting about his work outside of his community development efforts? But a paid informant low on his monthly quota (and a Gargamel challenged to compete) will say anything.

"I know you're only protecting yourself.
I know you're thinking of somebody else.
Someone who hurt you
but I'm not above making up for the love
You've been denying you could ever feel.
I'm not above doing anything
to restore your faith if I can.
Some people see through the eyes of the old
before they ever get a look at the young.
I'm only willing to hear you cry
because I am an innocent man!
An innocent man. Oh yes I am."


Next thing he knows, Buju's taken to the scene of a drug deal, on the informant's pretext that he's to view a boat for sale. Can you conspire to deal in drugs when you don't even know what's going down? Reasonable doubt?

Predicament 
 
Suddenly, on arrival, the fullness of his predicament dawns on him. But, effectively, somebody now 'seh feh!' It's put up or shut up time (or, more appropriately, put your finger where your mouth is time). Peer pressure surrounds him. What's a boastful Gargamel to do? Clueless, he tries to fit in. He even tastes the cocaine (putting his finger ... well, you get the idea). Neither money nor drugs passes to or from him. Suddenly "Boom!" he's in jail - an accused drug don. "Bye bye!" chirps satisfied America. Gotcha!

"Some people say they will never believe
another promise they hear in the dark.
Because they only remember too well
they heard somebody tell them before.
Some people sleep all alone every night
instead of taking a lover to bed.
Some people find that it's easier to hate
than to wait anymore."


Even US law concedes it's impossible to conspire with a paid government informant. It's his job to conspire with you. Two co-defendants have pleaded guilty so clearly, they conspired with each other. But neither has testified that Buju was a co-conspirator. Still, the US government will try again. By then, the co-defendants will be languishing in prison with irresistible motivation to testify against Buju to shorten their stay. They'll remember, 'Mout' mek fi chat!' Buju could've made a deal but elected to fight the forces of evil. Why?

"I know you don't want to hear what I say
I know you're gonna keep turning away
But I've been there and if I can survive
I can keep you alive.
I'm not above going through it again
I've not above being cool for a while
If you're cruel to me I'll understand
Some people run from a possible fight
Some people figure they can never win
And although this is a fight I can lose
the accused is an innocent man.
I am an innocent man
Oh yes, I am!
An innocent man."


Talk-show lawyers had a field day during the trial, pouring scorn on Buju's defence. One US-based Jamaican, hopping from talk show to talk show, repeating himself ad nauseam, confidently predicted a conviction. Not-so-subtly inferring that they could've done better, talk-show lawyers criticised Buju's counsel for his reliance on an entrapment defence. Apparently, over 95 per cent of Federal Court cases with entrapment defences result in convictions. Well, statistics can only comfort statisticians. Although we like to support the underdog and police forces are unpopular worldwide, it's an inconvenient fact that the majority of persons charged in federal courts are guilty. The issue is whether that guilt can be proven beyond a reasonable doubt.

Entrapment 
 
That guilty defendant statistic becomes more acute when entrapment is pleaded, because an entrapment defence usually assumes that the dirty deed was done, making it more difficult for the defendant to wiggle out based on inducement. But, obviously, some entrapment cases involve persons who were never even contemplating criminal activity yet, thanks to the illegal encouragement of paid US government informants, find themselves in the wrong place at the wrong time. Why's it so unbelievable that Buju's case falls within that small but significant percentage?

For my part, I was impressed with the performance of David Oscar Markus. He sensitised the jury as to what was to come with his pointed opening statement. He didn't try to deny the undeniable, thus proving himself a very poor candidate for Jamaican prime minister. Markus hit the ground running, catching the jury's attention when they were at their freshest and most attentive, with his first day cross-examination of a federal agent. He succeeded in indelibly imprinting on the jurors' minds that, whatever other errors Buju might have made, he was NOT a drug dealer.

Juries are made up of ordinary people like you and me who understand life's realities. Unlike law professors, jurors don't spend their days burying their heads in law books or trying to sound-bite talk show hosts to death. They want to know what's going on. They require your evidence to be consistent with what you told them it would be. They love simplicity. If Buju is not a drug dealer, then why would he conspire with anybody to deal in drugs? Seriously! And why, if he did, has the prosecution reneged on its promise to bring at least one of the admitted co-conspirators (who were both available) to simply say that Buju was involved? Really!

"Some people hope for a miracle cure.
Some people just accept the world as it is.
But I'm not willing to lay down and die
because I am an innocent man.
I am an innocent man
Oh yes, I am. An innocent man"


As can be gleaned from the quoted lyrics of the legendary Billy Joel, Buju is getting a raw deal in America right now. Maybe he's brought it on himself with a combination of earlier egregious and unnecessary insult to that country's homosexual subculture and an overblown sense of his own invulnerability, which is a regrettable hallmark of our own dancehall subculture. In fact, he won last year's 'Dunce Move of the Year Domino Award' for even contemplating a return to the US.

Despite his own rash stupidity and penchant for saying the wrong thing, he's entitled to a rational assessment of the evidence by broadcast pundits, and not to be convicted in the court of public opinion because he wrote down his telephone number on a napkin. Puh-leeeze!

Peace and Love.

Gordon Robinson is an attorney-at-law. Feedback may be sent to columns@gleanerjm.com

Wayne Wonder on Irie Jam Radio Oct.9, 2010

SUPPORT BUJU'S DEFENSE FUND, BUY HIS NEW ALBUM "BEFORE THE DAWN"

Buju Banton Letter Writing Campaign

http://www.facebook.com/pages/BUJU-BANTON-LETTER-WRITING-CAMPAIGN/134449406587277?ref=ts#!/pages/BUJU-BANTON-LETTER-WRITING-CAMPAIGN/134449406587277

Below please find a letter which we would encourage all Buju Banton fans to print out, sign and send to Attorney General Eric Holder so that the Government is aware that the public is continuing to monitor this case closely. Buju appreciates your support! We aim to have at least 15,000 letters sent to Mr. Holder's office before Buju's bail decision next week. Please send the letter and encourage others to send the letter today! 
Thank you for your much needed participation!


Attorney General Eric H. Holder
U.S. Department of Justice
950 Pennsylvania Avenue,
NW Washington, DC 20530-0001

Dear Attorney General Holder:

I am writing to ask for your intervention with respect to a grave injustice against Grammy-nominated reggae music icon Buju Banton (legal name Mark Anthony Myrie). The incarceration of this legendary musician without bail is unconscionable. He has been incarcerated in the Pinellas County Jail in Clearwater, Florida since January 2010 while he awaited his trial for drug conspiracy charges in the Middle District of Florida for which he has pleaded not guilty.  The charges are a result of information provided by a professional informant who relentlessly pursued Mr. Myrie for six months to participate in a drug deal. The trial held in September resulted in a hung jury.

In our great system of justice the accused is innocent until proven guilty. Therefore, persons accused of crime are entitled to bail. Mr. Myrie meets all of the requirements for bail, yet it has not been granted.

The professional informant in Mr. Myrie's case is a convicted drug trafficker from Colombia. This convicted felon has been granted legal immigration status and to date has earned over three million American dollars (tax free) for serving as an informant to various U.S. government agencies. Taxpayer dollars certainly could be spent more effectively than on trying to entrap individuals who have no previous criminal record and have never been involved with drugs in any manner. Is the Federal government presently in the business of creating criminals?

Mr. Myrie, a.k.a. Buju Banton, produces uplifting, positive music comparable to the music of Bob Marley. His work inspires people worldwide. He has been nominated for a Grammy Award, the highest achievement in his field, four times since 1999. He is one of the leading voices of his generation, shedding light on such issues as the unrelenting violence and abject poverty pervasive in the Third World. He has also represented his country in performances at the Summer Olympics in Greece in 2004 and at the Cricket World Cup Opening in 2007. Buju commemorated Jamaica's support for President Obama collaborating with Dave Stewart on "American Prayer," a tribute to the President. Additionally, Buju is a family man, an employer and a generous philanthropist.

Given Buju Banton's exemplary reputation, his humanitarian efforts and his cultural contributions to society, he should not be languishing in jail at U.S. taxpayers’ expense. I urge you to do whatever possible to end this injustice.

Sincerely,

Irie Jam Radio Hosting Buju Banton Tribute Marathon All Day Today!

http://thisisbujubanton.wordpress.com/2010/10/09/irie-jam-radio-hosting-buju-banton-tribute-marathon-all-day-today/

Irie Jam 93.5 FM in collaboration with Gargamel Music, Inc. presents “A Day for Buju Banton” tribute marathon. Listeners in New York can tune in to Irie Jam 93.5 FM today, Saturday, October 9, from 1pm-6pm. Fans outside the Tri-State area can log on to www.iriejamfm.com or www.wvipfm.com.


All day, the Irie Jam family will celebrate the stellar body of work that Jamaican music icon, Buju Banton has delivered to the masses throughout his illustrious 20+ year career. The entertainment industry has also come out in support with Stephen Marley, Gramps Morgan, Wayne Wonder, John Holt and Tarrus Riley all slated to participate in the program.

Buju Banton has been incarcerated since December 10, 2009. He was entrapped by a paid informant. After many postponements, his trial finally commenced on September 20, 2010. On September 27,  a mistrial was declared because the panel of jurors were split and unable to reach a unanimous verdict. The case will be retried in December 2010.

Meanwhile, Banton’s attorney, David Oscar Markus filed a motion for bond that was heard by Magistrate Judge Anthony E. Porcelli on Wednesday, October 6. Judge Porcelli is expected to render his decision next week.

We urge the public to  support Buju Banton’s  new album, a prophetic masterpiece, Before the Dawn by purchasing a copy today. In addition, we encourage everyone to participate in the Buju Banton Letter Writing Campaign to ensure the US government is keenly aware that the public is monitoring this case closely. Please send your letter today and encourage others to do the same !

THE BUJU BANTON DEFENSE FUND has also been reestablished. We are asking supporters to contribute $10 or more to assist in the next battle in Buju’s court proceedings, which will cost upwards of $200,000 USD.

Funds can be wired to:
Markus & Markus, PLLC
(Defense Fund for Buju Banton)

Citibank, N A
Coral Way Branch
1600 Coral Way
Miami, FL 33145
ABA # 266086554
Account # 9118130472

For international wires the Swift Code is CITIUS33.

Buju Banton defense fund set up - Lawyer says trial has taken a financial toll

http://www.jamaicaobserver.com/news/Buju-Banton-defense-Fund-set-up

Buju Banton defense fund set up

Lawyer says trial has taken a financial toll

DAVID Markus, the defence attorney representing Jamaican Reggae singer Buju Banton has set up a fund to assist the cash-strapped artiste pay his legal fees for the upcoming retrial in December.

Markus told the Observer that the cost of the first trial has taken a huge financial toll on the artiste and asked fans, friends and supporters of the artiste to assist in any way they can.

Funds can be wired to:

Markus & Markus, PLLC

(Defense Fund for Buju Banton)

40 NW Third Street, PH 1

Miami, FL 33128

Citibank, N A

Coral Way Branch

1600 Coral Way

Miami, FL 33145

ABA # 266086554

Account # 9118130472

For international wires the Swift Code is CITIUS33.

Banton will know next week if he will be given bail as United States judge Anthony Porcelli reserved his judgement when Markus argued for bail this week.

He faces a sentence of 20 years to life if he is found guilty of conspiracy to possess with intent to distribute five or more kiolgrammes of cocaine.

Banton's first trial in September ended in a mistrial after a panel of jurors failed to come to a unanimous verdict, following three days of deliberations.

He has been languishing in the Pinellas County Jail in Tampa. Florida for almost ten months after he was arrested by Federal Agents at his home in Tamarac, South Florida.

Another week in jail for Buju - Judgement reserved in bail hearing

http://www.jamaicaobserver.com/news/Another-week-in-jail-for-Buju

Another week in jail for Buju

Judgement reserved in bail hearing

JAMAICAN Reggae star Buju Banton, must languish for another week in the Pinellas County Jail in Tampa, Florida before he will know if he will be granted bail.

United States Judge Anthony Porcelli today reserved judgement in the bail hearing for the artiste and said he would make a ruling next week. Porcelli said he wanted to thoroughly review the arguments put forth by the defence and prosecution before making a judgement.

Banton's lawyer David Markus, is contending that his client is not a flight risk because of his popularity and  says he will seek a bond in an immigration court if Banton is given bail.

But prosecutor James Preston is staunchly opposing bail on the grounds that Banton is indeed a flight risk and asked for the application to be thrown out without a hearing.

Banton has been in jail since December last year when he arrested and charged with conspiracy to possess with intent to distribute five or more kilogrammes of cocaine.

Last week a panel of jurors failed to arrive at a unanimous verdict forcing the case to end in a mistrial.

A date in December has been set for a retrial but Porcellii did not set a date today.

It is expected that the date will be set when the ruling is made next week.

Drums beat again for Buju Banton - Bail hearing for artiste in Florida court today

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

Drums beat again for Buju Banton

Bail hearing for artiste in Florida court today

THE loud boom of a bass drum reverberated throughout the night in Whitehall Gardens, the community where Buju Banton's Gargmel Studios are located.

Rastafarian elders — for the second time in two weeks — gathered on the grounds of the studios to hold a vigil for the jailed artiste who faces a bail hearing in the Sam M Gibbons US Federal Court in Tampa, Florida today.

For most of the night the bass drum, accompanied by the pounding of the kette and funde drums, along with other forms of percussion instruments echoed through the silence of the night as supporters of the artiste prayed that he would be allowed out of the Pinellas County Jail.

"We are praying in our own Afrocentric way that the judge will give him bail. After all he owns property in the United States and the judge can rule that he be kept under house arrest with one of those anklets to monitor his movements. Anything is better than having him languishing in jail," one supporter told the Observer as the drummers took a respite minutes after dawn this morning.

Last week Tuesday, Banton's attorney David Markus, filed a motion for bail, a day after his cocaine and gun-possession trial was declared a mistrial after a panel of jurors was unable to reach a verdict at the end of three days of deliberation.

Markus stated in the document that Banton was not a flight risk because of his fame, and that he was only denied bail before his trial that started on Monday, September 20, due to the revocation of his entertainment visa upon his arrest.

Markus stated in his filing that if the federal court were mindful to grant Banton bail, he would also seek bond in the immigration court to prevent his client's deportation so he could face his retrial. 

But James Preston, the Assistant US Attorney for the Middle District of Florida, is vigourously opposing the bail application citing that Banton is indeed a flight risk and that the application should be thrown out of the court without any further hearing.

Banton has been in jail since he was hauled out of his home in Tamarac, Florida by federal agents on December 13 last year.

Buju bail hearing today - Date for December retrial to be set

http://www.jamaicaobserver.com/news/Buju-bail-hearing-today

Buju bail hearing today

Date for December retrial to be set 

JAMAICAN Reggae star Buju Banton, will find out today if he will be granted bail by a United States court. Banton has been in custody at the Pinellas County Jail in Tampa, Florida; for almost 10 months after being hauled out of his South Florida home in December last year.

But US prosecutor James Preston, has lodged an objection to the artiste being granted bail and requested that the bail application be flung out of the US Gibbons Court without further hearing.

Myrie is accused of attempting to possess with intent to distribute five or more kilogrammes of cocaine. His two co-defendants James Mack and Ian Thomas have pleaded guilty and are expected to be sentenced next month. Myrie, however has maintained his innocence and has rejected a plea deal arrangement offered to him by US prosecutors.

Mack and Thomas were held in a police controlled warehouse as they attempted to purchase cocaine from undercover drug enforcement agents. Police found a handgun and US$138,000 in a secret compartment of a Honda motorcar Mack was driving. 

A panel of jurors could not agree on a verdict at the end of the artiste's three-day trial last week and a retrial was ordered by the court. The date for the retrial is expected to be announced today. 

His attorney David Oscar Markus, last week filed a motion for his client to be granted bail citing that he was not a flight risk because of his popularity. Markus also said that he would apply for a bond in an Immigration Court if Banton, whose real name is Mark Myrie, was granted bail.

Buju's lawyer enjoys partnership with reggae star

http://www.jamaica-gleaner.com/gleaner/20101004/news/news2.html

Buju's lawyer enjoys partnership with reggae star

Howard Campbell, Gleaner Writer

Famous legal trials have produced some unlikely partnerships: Clarence Darrow and John Scopes, Johnnie Cochran and O. J. Simpson.

Add Buju Banton and David Oscar Markus to that mix. Markus, a Harvard Law School graduate and rising star in American law, is lead attorney for the reggae star who has been charged with conspiracy to distribute more than five kilograms of cocaine in Sarasota, Florida.

On Wednesday, Markus will resume his fight to clear Banton, the Rastafarian singer of Til Shiloh fame who is also known for clashing with gay rights groups over his scathing lyrics against homosexuals.
Markus will seek bail for the artiste in a Tampa, Florida federal court.

Banton (given name Mark Myrie) has been incarcerated since December 10 when he was arrested by federal agents at his Tamarac, South Florida home.

Federal prosecutors have objected to bail for Banton, saying his lawyers have shown nothing to suggest he would not be a flight risk.

Markus would not comment on the bail proceedings during an interview last week with The Gleaner, but admitted that the involvement of the US government is instructive.

"It is not easy to fight the federal government, especially when you are in jail but Buju is strong and is a fighter," he said. "That's why I like him so much, we both like to fight."

Judge Tim Moody declared a mistrial September 27 after the 12-member jury was unable to return a unanimous verdict after three days of deliberations.

A new trial will take place in December on a date to be announced.

Markus supports popular belief among Banton supporters that the artiste was set up.
"To me, it's clear, to a number of the jurors, it was clear," he said.
"Now we have to convince all 12 in December."

Born in Miami, Markus was groomed for a career in law. He remembers 'following around' his father (who is also a lawyer) on court dates as a boy and later gaining acceptance to the Harvard Law School where he found distinguished mentors. Among them was Alan Dershowitz, one of the US' most acclaimed jurists and legal minds.

Markus returned to practice on the competitive South Florida circuit after graduating from law school. Though still in his 30s, he has established a formidable resume as a trial lawyer.

He has figured in some of the biggest cases in the Sunshine State in the past 10 years. Markus has successfully represented Gilberto and Miguel Rodriquez-Orejuela, founders of the notorious Cali Cartel; Dr Ali Shaygan, a doctor who was accused of illegally selling pain medications; and Roderick Carter, who like Banton was facing a lengthy prison term on drug and gun charges.

Leading litigators

His impressive strike rate has not gone unnoticed. The respected National Law Journal has named him as one of the leading litigators under age 40 in the US; he was also selected this year by Super Lawyers magazine as one of Florida's top 100 attorneys.

That profile encouraged Buju Banton's management to engage Markus shortly after his arrest. The lawyer said he was familiar with the artiste's work prior to their professional link.

"I didn't personally know Buju before he hired me but had heard his music before," he said. "Now, I know all the songs, as do my kids!"

He said In The Air, from his client's new album Before The Dawn, is his favourite Buju Banton song.
Markus said he has visited Jamaica several times on vacation, but adds that leisure usually takes a backseat to his career.

"I like to read transcripts of old trials at night, including those of Edward Bennett Williams, the greatest trial lawyer of the 20th century," he said.

The Buju Banton case has stirred passionate debate among his supporters and lawyers in Jamaica and the US. If found guilty, the 37-year-old artiste faces life in prison, something David Oscar Markus is determined to prevent.

"I am confident about our case, I don't believe in negative energy," he said.
"We must remain positive and believe that we can win. And we will."

 

http://www.unitedreggae.com/articles/n474/100210/In-The-Spotlight-Buju-Banton-On-Trial

In The Spotlight : Buju Banton On Trial

 This week in Jamaica... Buju Banton's trial has been the main topic of conversation.

• By Barbara Blake Hannah
• On Oct 2nd 2010

NOT AN EASY ROAD
“It’s not an easy road/ Some see the glamour and the glitter and they think a bed of roses…”
The Spotlight this week in Jamaica has been focused fully on Buju Banton , the iconic Rasta reggae singer and four-time Grammy nominee who found himself on trial in the USA for conspiracy to sell cocaine.

Nothing has so captured public attention this week as the Buju Banton case, even though in the same week dancehall DJ Bounty Killa was arrested and jailed for domestic abuse.
From the trial began on September 20, it has been the main topic of conversation in Jamaica, with discussions centering around the videotape of Buju ‘sampling’ the product to be sold, and tape recordings of phone conversations with two alleged co-conspirators as convincing evidence of his guilt. But no less compelling is the evidence that the case was set up by a professional entrapper who earns a good living from US government crime agencies to set traps such as the one Buju was caught in.

LONG WAIT FOR TRIAL
Ten months ago, when Buju Banton was arrested and incarcerted in Miami, the news had only shock value and soon fell off the public view, as Buju has been known to be controversial. He spoke out angrily when he was arrested and convicted for two ganja plants that were found growing in the yard of his large studio compound – a conviction that deprived him of a US Visa for several years. But as the length of his imprisonment without trial extended far beyond the norm into 10 months, Jamaicans and reggae fans began to question whether there was something ‘different’ about this case. After all, we know the history of Buju’s controversial song that brought him powerful opponents who might be happy to have that voice silenced by a long jail sentence.
So by the time the trial began on Monday September 20, everyone was interested in Buju’s fate and – perhaps better late than never – had begun to pay tribute to the work and life of one of Reggae’s most beloved performers. Watching Buju's appearance in the courtroom on the first day of the trial crisply dressed in suit and tie, the full weight of what faced him seemed to fall on Jamaica’s shoulders and – with an attitude of “He’s ours, no matter what” – Jamaica started paying tribute to Buju Banton.

TIL SHILOH
We remembered the Buju who seemed to be maturing from his brash and outlandish youth when he produced the seminal Til Shiloh album which brought a new generation of the conscious Rasta music that Bob Marley had given us.

The album introduced and confirmed Buju Banton as a Rasta psalmist, leaving behind his earlier works and youthful indiscretions.
So all Jamaica wondered how Buju Banton had got himself into such trouble. Was he truly a cocaine dealer, or was the case based on the fact that – as he said in his evidence – he “… talked too much”. Along with the many who prayed for his deliverance, there were those who felt he was guilty by video and would undoubtedly be punished. On Friday, as the jury was about to begin deliberations, one newspaper wrote an Editorial chiding Buju Banton with words to the effect that ‘if you lie with dogs, you will rise with fleas’, that caused one Comment writer to say: “Please wait until the verdict is in to be so negative.”

DRIVER
On Monday, the day the verdict was to be delivered, another daily newspaper published the lyrics of Buju’s hit Driver A, in which Buju tells a courier to take a package, collect some money and avoid getting caught by ‘the Feds’. The implication was clear.
“Driver, don’t stop at all, mi seh drop this Arizona round a Alba Mall/ Driver, mi seh don’t even hitch, collect dat likkle food deh yah and come back quick/ Driver, just rememba di damn speed limit/ Cau if yuh run inna di Feds my friend dat is it/All mi life savings a ride pon this/ Yuh can drink a beer but don’t yuh dare bun a spliff/ Di scent a di marijuana mek yuh life uplift/ Even though it compress and tie inna plastic/ Don’t deliver it a go end up drastic/ A barrel gun mi buss and mi yuh know it caan stick...”

But all the negative comments were overbalanced by the outpouring of LOVE expressed nationally for Buju Banton. This was best demonstrated when a rumour on Friday morning that a “Not guilty” verdict had been delivered, caused the Downtown Kingston area to burst into celebration as happy as when Usain Bolt won his first Olympic Gold. Car horns were honked and people shouted for joy all over city and countryside – until word came that it was a false alarm and in fact the jury had retired to reconvene on Monday.

TRIBUTE TO A REGGAE ICON
On Friday night Anthony Miller, Jamaica’s best entertainment journalist, used his prime time Entertainment Report to package a series of interviews he has done with the Gargamel from his early pre-dreadlocks years to the release of his 'Rasta Got Soul' album showing the history and talent of this extraordinary artist. Avoiding much attention on the notorious song that haunts Buju’s repertoire, Miller instead showed an artist whose energy, philosophy and attitude reminds so much of the late Peter Tosh – another artist who was not afraid to speak his mind.

On Saturday Rastafari brethren and friends gathered at the thatched-roof tabernacle Buju maintains in the yard behind his Gargamel Studio and began a two day-and-night Nyabinghi session. The sounds of African drums and spiritual chants went up into the rain-cooled night and day and night, as prayers and chants in traditional Rastafari fashion of heartbeat and music were sent up by the large crowd in prayers to the All-Mighty. Media reports quoted nearby residents who said they were not disturbed by the sounds. “If it will help free Buju” said one, “fine with me. We like him, he is a good neighbour.”
On Monday morning several FaceBook pages carried a link to a video of Buju’s song Law and Order that ironically seems to have been written specially for this occasion.

MISTRIAL VERDICT
On Monday afternoon the Judge declared a mistrial, and Jamaica was glad that Buju Banton’s fate is not yet sealed, hoping he will be allowed out of jail on bail. “It’s better a mistrial than a guilty verdict. At least he gets a second chance,” said Buju’s mentor and former manager, producer Donovan Germain.
Jamaica is glad our Prayers were answered, thanking JAH for small mercies.

To Buju we say:

“Be strong, hold a firm meditation,
One day things must get better.
And though you think our faith is in vain,
Till Shiloh we chant Rastafari name.”

Prosecutor asks court to keep Buju locked up

http://www.jamaicaobserver.com/news/Prosecutor-asks-court-to-keep-Buju-locked-up_8012488

Prosecutor asks court to keep Buju locked up

BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com

Friday, October 01, 2010

TAMPA, USA — If the US Government has its way, Jamaican Reggae superstar Buju Banton will remain behind bars pending the outcome of his retrial in December on cocaine and gun charges.

In documents filed in the Sam M Gibbons Federal Court, James Preston, the Assistant US Attorney for the Middle District of Florida, said that Banton, whose registered name is Mark Myrie, was a flight risk, while urging that a bond motion filed on behalf of the entertainer should be rejected, "without any further hearing".

 Defence attorney David Oscar Markus had on Tuesday filed the motion for bond, a day after Banton's cocaine and gun-possession trial was declared a mistrial because a 12-member panel of jurors was unable to reach a verdict at the end of three days of deliberation.

Among other things, Markus stated in the document that Banton was not a flight risk because of his fame, and that he was only denied bail before his trial that started on Monday, September 20 due to the revocation of his entertainment visa upon his arrest.

Markus stated in his filing that if the federal court were mindful to grant Banton bail, he would also seek bond in the immigration court to prevent his client's deportation so he could face his retrial.

The bail hearing is tentatively set for October 6, at which time a date for the retrial will be agreed.

But in his written objection, Preston charged that Markus failed to give legal support as to why his client should be released pre-trial, and noted that with this second motion for bond, Banton "wholly ignores the previous court order for his detention".

"The motion should therefore be denied," the prosecutor stated in the document.

Preston also rebutted the assumption by Markus that the Jamaican entertainer is not a flight risk because of his notoriety.

He added that Markus, in his motion, had failed to point out that the court had previously found that there were aggravating factors, based on the evidence, for Banton's detention outside of his immigration woes.

"The defendant has presented nothing new, other than a hung jury, for the court's consideration," Preston wrote, while adding, "The defendant again fails to rebut the presumption that no condition or combination of conditions will reasonably assure that the defendant is not a risk of flight."

Banton has been in jail since his arrest last December 10 when he was charged, along with friend Ian Thomas and James Mack, for conspiracy to possess and distribute 5 kilogrammes of cocaine and possession of a firearm during the furtherance of a crime.

Both Thomas and Mack, who were arrested hours before Banton at a warehouse buying the drugs from an undercover agent, have since pleaded guilty and will be sentenced in November.

US gov’t fights Buju bail - Wants artiste’s application struck out

http://www.jamaicaobserver.com/news/US-gov-t-fights-Buju-bail

US gov’t fights Buju bail

Wants artiste’s application struck out

 By PAUL HENRY, Observer staff reporter

TAMPA, Florida — The US government is objecting to the motion for bail filed on behalf of jailed Reggae superstar Buju Banton. The motion filed by Assistant US Attorney James Preston in the Sam M Gibbons federal court here, has said that Banton's attorney has not given any legal support that the entertainer should be released pre-trial.

He said also that Banton “wholly ignored the court’s earlier detention order”.

“The motion should therefore be denied,” the prosecutor states in the document.

Preston also rebutted the assumption by Banton's attorney David Oscar Markus, that the Jamaican entertainer, whose real name is Mark Anthony Myrie, is not a flight risk because of his popularity. As a result, Preston is asking that Banton's motion for bail be struck out without any further hearing.

Markus had on Tuesday filed the motion for bond, a day after Banton’s cocaine and gun possession trial was declared a mistrial because a 12-member jury was unable to reach a verdict at the end of three days of deliberation.

In his motion, Markus said, among other things, that Banton was not a flight risk because of his fame and that he was only denied bail before his trial that started on Monday, September 20, due to the revocation of his entertainment visa. Markus had said that if the court were mindful to grant Banton bail, he would also seek bond in the immigration court to prevent his client's deportation.

But in his filing against the motion, Preston pointed out that Markus failed to point out that the court had previously found that there were aggravating factors for Banton's detention outside of his immigration woes.

The bail hearing is tentatively set for October 6. A date for Banton’s retrial in December is scheduled to be announced on October 6.

Banton has been in jail since his arrest last December when he was charged, along with friend Ian Thomas and James Mack, for conspiracy to possess and distribute five kilogrammes of cocaine and possession of a firearm during the furtherance of a crime.

Both Thomas and Mack, who were arrested hours before Banton at a warehouse buying the drugs from an undercover agent, have since pleaded guilty and will be sentenced in November.

Uncle Sam objects to bail for Buju

http://www.jamaica-gleaner.com/gleaner/20101001/lead/lead5.html

Uncle Sam objects to bail for Buju

 

Prosecutors in the United States have urged the Middle District Court of Florida to dismiss the latest bail application from lawyers representing reggae superstar Buju Banton

In a response filed yesterday, the prosecutors argued that Buju's lawyer had presented "no legal support for his request and wholly ignores this court's earlier order of detention".

"The defendant has presented nothing new, other than a hung jury, for the court's consideration," said assistant US attorney James Preston Jr.

He said Buju had failed to rebut the presumption that no condition or combination of conditions would reasonably assure that he was not a flight risk.

According to the prosecutor, the court should rule that the, "Order of Detention remain in place and the bail application dismissed without further hearing."

The prosecutors were responding to an application filed on Tuesday by attorney David Oscar Markus who asked the court to grant bail to the reggae superstar whose correct name is Mark Myrie.

Not a flight risk

In his application, made two days after a judge declared a mistrial in the illegal drug and gun case, Markus argued that Buju was not a flight risk and was an internationally known reggae star who could stay at his house in South Florida with an ankle monitor.

"Mr Myrie is not a danger to the community. He has no felony convictions and the government has never suggested that he poses a danger," Markus added as he pointed to the hung jury at Buju's trial on charges of conspiracy to possess cocaine and possession of a firearm during a drug deal.

Markus further argued that the reason Buju was not granted bail initially was because his US visa had been revoked.

The defence lawyer said if Buju was granted bail by the criminal court, a similar application would be made in the immigration court to allow the entertainer to end what has so far been an almost 10-month stay in detention.

October 6 has been set as the date when Judge Anthony Porcelli will hold a bond hearing.