Dec 25, 2011

Freedom in the distance for Buju


JAMAICAN reggae star Buju Banton, now serving a 10-year sentence on drug-related charges, could be freed due to a blunder on the part of the United States government.
According to the website examiner.com, under the United States law, Buju Banton — whose real name is Mark Anthony Myrie — should have been brought to trial before 70 days. This is a right guaranteed under the Sixth Amendment.


The media report states that the government may have violated the Speedy Trial Act. The act refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the Sixth Amendment, is intended to make sure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair trial.
In judging speedy trial claims, the US Supreme Court has developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant.
Violations of the act, such as where the state has failed to bring the case to trial for an 'unreasonable' length of time, may be a cause for dismissal of a criminal case.
Buju Banton's first trial took place in September 2010, nine months after his initial arrest by law enforcement officials in Florida and four months after Judge James Moody pushed back Buju's initial court date without giving any specifics regarding why the case was postponed. His second trial, where he was later convicted, took place in February of this year, four months after he was granted bail in the case.


Source: http://www.jamaicaobserver.com/entertainment/Freedom-in-the-distance-for-Buju_10433678#ixzz1ha6W9xmw

Dec 17, 2011

Buju Banton Appeal Brief Filed




Team Gargamel is extremely pleased to announce that Buju’s attorney of record, David Oscar Markus ofMarkus & Markus Law, filed the Brief Of The Appellant, on behalf of Mark Anthony Myrie p/k/aBuju Banton, with the United States Court of Appeals earlier this morning. The gripping, 73-page document thoroughly picks apart the squirrely details surrounding the case of “The Recording Artist vs The Con Artist.”


The Appeal itself is broken down into three main arguments:

I.  AS BOTH A MATTER OF LAW AND FACT, MYRIE  IS NOT GUILTY OF CONSPIRACY TO DISTRIBUTE COCAINE OR TO AID AND ABET OTHERS IN USING THE TELEPHONE TO FACILITATE A COCAINE DISTRIBUTION CONSPIRACY

II.  IN THE ALTERNATIVE, THE GOVERNMENT’S EFFORTS TO IMPLICATE MYRIE CONSTITUTED ENTRAPMENT BECAUSE MYRIE LACKED PREDISPOSITION TO PARTICIPATE IN A DRUG CONSPIRACY

III.  THIS CASE MUST BE DISMISSED DUE TO THE DISTRICT COURT’S VIOLATION OF THE SPEEDY TRIAL ACT

In addition to the brief, Mr. Markus has requested an oral argument, where 3 judges listen to the case, “because it will assist the Court in understanding the multiple legal issues presented in this case.” Only 10% of all appeal cases are granted this opportunity.

The Court of Appeals will decide whether to allow oral argument, and when all is said and done, will usually take between a month and a year to rule.


Buju Banton’s lawyers file appeal



The legal representation for embattled Reggae superstar, Mark “Buju Banton” Myrie officially filed an appeal on behalf of the beloved singjay.

The appeal was filed by Buju attorneys,David Oscar Markus, Mona Markus, Anita Margot Mossand Marc Seitles in the United States Court of Appeal for the Eleventh Circuit in Georgia on Friday. In the appeal, Buju’s legal team seeks that the singjay’s ten year sentence on drug charges this past June be reversed; suggesting that the case should be dismissed citing prejudice or that the artiste should receive a new trial.

Buju’s lawyers contend in the appeal that the district court erred in failing to grant Myrie’s judgment of acquittal as a matter of law, claiming amongst other things: “The undisputed evidence is that Myrie did not agree to participate in the drug conspiracy that eventually was reached among others.”

Also, “Myrie had almost no participation in the telephone call forming the basis of the government’s charge that he aided and abetted the ‘facilitation’ of a drug conspiracy, and in fact the telephone call in question did not facilitate a drug conspiracy in any event.”

Furthermore, “Whether the district court erred in failing to find that Myrie was entrapped as a matter of law, where there was no evidence that Myrie was predisposed to engage in a cocaine distribution scheme, and the undisputed evidence was that the government pursued a lengthy, intense, unrelenting campaign to target Myrie through an unsupervised paid informant who was desperate to earn a cut of the deal.”

Finally, “Whether the district court erred in failing to dismiss the case based on the expiration of the speedy trial clock.”

Buju’s lawyers also intimate that the district court made a mistake in failing to discover that he was entrapped as a matter of law, as he was not predisposed to participate in a cocaine conspiracy and his involvement was the result of improper government inducement.

Additionally, they intimated that Buju was an unwilling participant in the drug deal; arguing that his consistent efforts to avoid following up government informant Alex Johnson’s consistent and emphatic efforts to draw Myrie in and because the speedy trial clock ran long before his case was tried, the case should have been dismissed with prejudice.

Buju Banton was initially convicted of three drug-related charges in February for the December 2009 incident in which he stood accused of conspiring to organize a drug deal within a police-controlled warehouse.


Source: http://www.examiner.com/jamaican-pop-culture-in-national/buju-banton-s-lawyers-file-appeal Jodee Brown, Jamaican Pop Culture Examiner

Nov 29, 2011

Buju Banton Heads to Relatively Safer Miami Prison After Stay in Rough Texas Jailhouse


Buju Banton has been on the move during the first few months of his ten-year sentence on federal drug charges. The iconic dancehall star went from Florida to Oklahoma to Texas, back to Oklahoma, and he'll soon be en route to the Federal Correctional Institution Miami, according to David Oscar Markus, Banton's attorney.

Plans to place Banton in a Mississippi prison fell through when authorities discovered that a codefendant in the case had already been assigned to the facility. Authorities then stowed Banton in a Federal Transfer Center in lovely Oklahoma City before moving him to a correctional institution in the dreadful-
sounding city of Groesbeck, Texas.

"He was at one of the worst places you can imagine -- a county facility that had been converted to house federal inmates," Markus said. "The place was used for short-stay Mexican nationals who were going to be deported. It was filled with Mexican gangs. Buju was one of very few black men in there. It was really violent."

A Tampa jury found Banton guilty of conspiracy to possess with intent to distribute cocaine, possession of a firearm in furtherance of a drug-trafficking offense, and using the wires to facilitate a drug-trafficking offense in February 2011, days after he won a Grammy for best reggae album.

Federal Judge James S. Moody Jr. later tossed the gun charge, given the fact that Banton had never met or spoken with James Mack, a codefendant from Georgia who brought the gun to the drug deal, which turned out to be a sting operation orchestrated by a government informant. Banton was hundreds of miles away, resting in his Tamarac duplex, when the bust occurred.

Both Judge Moody and the Jamaican consulate urged the Federal Bureau of Prisons to move Banton from the Texas facility.

"We're very appreciative that Judge Moody stood by his initial recommendation that Buju should be in Miami," Markus said. "And he made a point to comment that Buju is a peaceful person and shouldn't be housed in a violent facility."

Markus said he plans to file an appellate brief with the Eleventh Circuit Court of Appeals in Atlanta later next month.

Source: http://blogs.browardpalmbeach.com/countygrind/2011/11/buju_banton_prison_miami.php

Nov 25, 2011

Buju Banton, promoters endorse upcoming benefit concert


On December 3, 2011, patrons are expected gather around a Tampa, Florida stage seeking to hear lyrics promoting messages of peace, love and harmony from their favorite Reggae superstars. However, while performers will offer various selections of a positive nature, they’ll collectively try to honor an embattled singjay who nurtured his music to provide upliftment for fans worldwide.

Next week Saturday, the Buju Banton benefit concert will take place at the Supa D Tropical Bar & Grill in Tampa, Florida; starting at 1pm. Buju, currently serving a ten year sentence on drug related charges, becomes the subject of an event dedicated towards providing financial support ahead of an appeal on his three convictions stemming from a December 2009 incident. The lineup card for the benefit concert includes internationally renowned Reggae artistes, Delly Ranx, Gramps Morgan, Nadine Sutherland, Glen Washington and Norris Man amongst others whilst featuring a yet-to-be named special guest artiste. Also, persons planning to attend the show will be asked to make a US$20 donation for the cause as organizers hope to make at least US$50,000 from the concert for Buju’s legal defense.

The event’s main organizer, Taranee Jiles, is a long-time friend of Buju Banton; desiring a concept to help the artiste’s cause whilst languishing in a Texas federal prison. Out of friendship and the hope Buju walks free sooner rather than later, Jiles formulated the idea of the benefit concert; an idea fans and supporters of the Grammy-winning singjay quickly bought into.

“Mark is my friend and nobody was doing anything to help him, everybody was just talking, but nobody was acting,” Jiles intimated.

“With Buju's blessings, I decided to do a benefits concert for him. Ran the idea also by his fellow artists and some other supporters, who all thought this was a good idea.”

Buju Banton himself, through his legal team, issued a statement regarding the concert; urging his fans to turn out for the event.

“I, Mark Myrie – aka Buju Banton, support and deem the concert being organized by Taranee Jiles to be a legitimate undertaking in order to raise funds for my legal defense and pending appeal. Your kind support will be greatly appreciated. Thanks in advance,” the statement read.

After meeting with the owner of the Supa D Tropical Bar & Grill, Dwight Blake, the idea began to play out; drawing in several Reggae acts along the way.

According to Jiles, the concert not only raises awareness that Buju needs supports in his toughest hour but raises his already iconic stature to new heights given what his music provided for fans worldwide.

“We are our brother's keeper! Buju's music is uplifting and has touched people's hearts in Jamaica as well as the rest of the world; proof of that is his recent Grammy win. Buju's physical presence is surely missed,” Jiles insisted.

She continued, “His fellow artists come together in unity to aid this cause. It is time for the people to give back and uplift him now. It will give him the opportunity to defend himself. The concert will help uplift him and assure him, ‘You are not alone; we got your back.’  It proves to the world ‘Solidarity.’”

Meanwhile, Blake, fellow organizer of the event, intimated that it was natural for him to support the cause given that he’s been a fan of Buju Banton for several years; finding his situation rather unfortunate. Confident that a positive turn out would occur for the benefit concert at his venue, Blake believes that not only will it unify Buju’s legions of fans, the event can also raise the profile of Reggae music.

“Reggae is a genre that every walk of life recognizes and love, it doesn’t matter where you come from. Many people of different ethnicity, race and culture enjoys reggae and it’s something that can continue to be introduced to those who never heard it or take the time to listen to. Encouragement is the key and promoting the event encourages others to come out and support the cause,” Blake said.

Jiles echoes Blake’s sentiment; explaining that Reggae music has done so much for society that they would be remised if they didn’t honor one of its patriarchs.

“It (Reggae) has a long history and originated from Slavery days with very powerful and meaningful lyrics and as a form of communication to help fight oppression. It helped uplift Mankind of all walks of life to overcome/to push forward and to stay strong! This concert will help the Reggae Industry in General by keeping the fyah blazing,” Jiles said.

Furthermore, Jiles implied that despite Buju’s current predicament, it will strengthen the established singjay as well as the Reggae genre going forward.

“You might be able to clip the branches, but you cannot remove the Root. Same as you can imprison the physical body, but not imprison the spirit. Reggae Music will not be suppressed, but is here to stay!”


Source: Buju Banton, promoters endorse upcoming benefit concert - National Jamaican Pop Culture | Examiner.com http://www.examiner.com/jamaican-pop-culture-in-national/buju-banton-promoters-endorse-upcoming-benefit-concert#ixzz1ejUjALfh

Sep 24, 2011

Buju moved to Texas

REGGAE artiste Buju Banton will serve his ten year prison sentence at the Limestone County Correctional Institution in Groesbeck, Texas. Banton was moved from a holding facility in the state of Oklahama by air to the facility on Friday.

He spent more than a month at the Federal Transfer Center (FTC) in Oklahoma City, Oklahoma after being moved from the Pinellas County Jail in Tampa, Florida.

Banton, whose inmate number is 86700-004, is set to be released on February 1, 2019.

Register as Mark Anthony Myrie, Banton was found guilty of drug related charges and sentenced to 10 years in a Tampa, Florida court in February. A first trial ended in a mistrial after a panel of jurors could not unanimously decide on his guilt or innocence.

He has maintained his innocence and claims he was entrapped by the United States Government.

Source: http://www.jamaicaobserver.com/news/Buju-moved-to-Texas#ixzz1YtlN8eek

Sep 20, 2011

Buju Banton’s release date set for February 2019


Buju Banton will have to wait until the final year of this decade to become a free man once more after the United States Bureau of prisons confirmed that his official release date has been set for February 2019.

The official release date quells rumors that have swirled that Buju would originally serve 6 years; counting time already served & good behavior. However, the Bureau’s official release date set for February 2019 includes the time the prominent Reggae entertainer served in prison prior to & between his two trials within the last year.

According to Professor & highly regarded attorney-at-law, David Rowe, explained that Buju Banton will also get credit for 16% of “federal gain time,” that is time that he serves whilst not violating federal rules behind bars. Should he violate the rules, Buju’s sentence may be extended.

Buju Banton was convicted on three drug related charges this past February as a result of a December 2009 incident in which he allegedly conspired to organize a drug deal within a police controlled warehouse. Banton received a ten year sentence for the incident. However, his lawyer, David Markus plans to appeal that ruling in a Georgia courtroom in the near future.

Currently, Buju has yet to officially serve his time; remains listed in transit as he’s expected to be sent to a federal prison in Mississippi.

By Jodee Brown, Jamaican Pop Culture Examiner
 

Sep 8, 2011

Buju yet to start serving prison sentence; remains in transit

 
Embattled Reggae superstar, Mark Myrie, more popularly known as Buju Banton, has still yet to officially serve his prison sentence as there remains doubt as to where he’ll actually serve his time.

Banton was due to be housed at a holding facility in Oklahoma but the official website for the Federal Bureau of Prisons has him listed as “in transit,” despite insisting they have him in their custody. According to Buju’s lawyer, David Markus, Buju was scheduled to serve his ten year sentence at a prison facility in Mississippi but now will be transferred to a facility in Texas. A source close to the situation told the Jamaica Observer that Buju is being transferred to the medium security Texas facility given that a co-defendant in the case is already serving his time at the Mississippi prison.

Meanwhile, Markus has once again indicated that he will appeal Buju’s ten year sentence but are still waiting from information relating to the “Optimistic Soul” singer’s trial in February. "We are still waiting on the transcripts from the trial, so the appeal has not been filed yet. It will most likely be filed around Thanksgiving,” Markus told the Observer. Despite the cloud surrounding the whereabouts of Buju & his struggles behind bars, Markus intimated that Banton remains upbeat & hopeful that the appeal would be successful.  "Buju would like his friends, family, and fans to know that he is hanging in there and waiting to be transferred. We are still fighting on appeal and are hoping for better days ahead," Markus stated.

Source: http://www.examiner.com/jamaican-pop-culture-in-national/buju-yet-to-start-serving-prison-sentence-remains-transit

Aug 8, 2011

Buju moved

REGGAE star Buju Banton is now being transferred from the Pinellas County Jail in Florida to a correctional facility in Mississippi to begin serving his 10-year sentence.

Banton will be taken to the Adams County Correctional Center in Natchez, Mississippi.

A bed shortage at the Pinellas County Jail in Florida has forced US officials to move Buju Banton to a private corrections facility in Mississippi.

Defence attorney David Oscar Markus, who represented the embattled artiste, in his drug trial, told the Sunday Observer that United States magistrate James Moody recommended that Banton serve his sentence at a facility in Florida, but a shortage of beds caused him to be transferred to the Mississippi-based prison.

"The judge recommended that he serve his time in Florida, but there were no beds in Miami, and the ultimate decision was made by the Bureau of Prisons. We are hopeful that when a bed opens up down here (Florida) that we can get him transferred so that it is easier on his family (and us) to see him," Markus said.

The Adams County Prison has the capacity to house 2,232 male prisoners and is owned by the corrections management provider, CCA.

The company is the fifth-largest corrections system in the US and houses 75,000 offenders and detainees in more than 60 facilities across that country.

CCA is a private corrections business which specialises in the design, construction, expansion and management of prisons, jails and detention facilities, as well as inmate transportation services.

The artiste was sentenced in the Sam Gibbons US Court in Tampa, Florida in June this year of conspiring to negotiate a drug deal in a police-controlled warehouse in Florida.

Banton, whose real name is Mark Myrie, was arrested at his home in Tamarac, South Florida after almost a year of surveillance of telephone and live conversations and video recordings that included him tasting cocaine in a Saratoga warehouse.

He has consistently pleaded his innocence and maintained that he was entrapped by government informant Alexander Johnson, who he claims was paid US$50,000 to ensnare him.

The 38-year-old artiste has since signalled his intention to pursue higher education in the form of a master's degree in economics and political science while he is incarcerated.

His attorneys have also indicated that they are planning to appeal his sentence before a three-member panel of judges in an appellate court in Georgia.

Source: http://www.jamaicaobserver.com/news/Buju-moved_9389729

Jul 8, 2011

Buju Banton begins appeal

Dancehall star Buju Banton has started the second round in his battle for freedom.

But it could take up to 18 months before Buju, whose real name is Mark Myrie, knows if he will escape a 10-year prison sentence which was imposed on him by a United States judge after he was convicted on drug charges.

Lawyers representing Buju on Tuesday filed a formal notice of appeal in the US Court of Appeals for the Eleventh Circuit.

Attorney-at-law David Oscar Markus told The Gleaner that he is moving ahead with his appeal of the guilty verdict handed down against the artiste.

Markus will also be challenging the 10-year sentence imposed by US judge, Jim Moodie.
"Our appeal is due to be filed 40 days after we receive the transcripts (of the trial) which we are still waiting for," Markus said.

"We will not give up for Buju, who is thankful to all of his fans and friends for their continued support," Markus added yesterday.

18-month wait

He could not say when the appeal would be heard, but noted that it generally takes about 18 months to get a decision from the US Court of Appeal Eleventh Circuit.

The Appeal Court is based in Atlanta Georgia, but has satellite courts in Florida, Mississippi and Alabama.
Three judges will hear the case and Markus is prepared for the fight.

Minutes after the sentence was handed down last month, Markus told reporters outside the court that his appeal would be based on the argument that there was insufficient evidence to convict Buju on the drug count.
The attorney further argued that there was entrapment as a matter of law because of the US government informant Ian Johnson who first approached Buju about getting involved in a cocaine deal.
Buju is now languishing in a minimum security Federal prison serving his sentence.



Source: http://jamaica-gleaner.com/gleaner/20110707/lead/lead7.html

Jul 3, 2011

Buju moved to different jail

CONVICTED Reggae artiste Buju Banton has been transferred from the Pinellas County Jail to the Citrus County Jail in Tampa, Florida.

The artiste will be processed by correctional staff at that penal facility before he knows where he will spend his 10 year sentence for conspiracy to possess with intent to distribute five or more kilogrammes of cocaine. His attorney David Oscar Markus told the Observer that the prison board had not yet decided which prison Banton will be housed.

He was sentenced in the Sam Gibbons US Court by Judge James Moody two Thursdays ago.
Banton, whose is registered as Mark Anthony Myrie, will not have any of his assets seized by the United States government after testimony by a drug enforcement agent that despite investigating him for over a year, there was no evidence that he profited from any illicit drug transaction.

He was arrested in December 2009 at his home in South Florida hours after his two co-defendants, Ian Thomas and James Mack were arrested after they attempted to buy large amounts of cocaine from federal agents in a police controlled warehouse.
Both men have pleaded guilty and were sentenced to 51 months.

Banton meanwhile has signalled his intention to earn a Masters degree in political science and economics during his incarceration.

Despite being sentenced to 10 years, the Grammy winning artiste could be set free in six years as his 18 month remand while awaiting the outcome of his trial and good behaviour while in prison could see him spending just six years.


Source: http://www.jamaicaobserver.com/news/Buju-moved-to-different-jail

Jun 27, 2011

Buju turns to academics - Artiste pursuing master's degree

Source: http://www.jamaicaobserver.com/news/Buju-turns-to-academics_9068454

AS Buju Banton says goodbye to his freedom for what could be at least six years behind US prison walls for a drug conviction, the Rastafarian reggae artiste says he intends to spend his time seeking higher learning.
Speaking exclusively with the Sunday Observer after his 10-year sentence was handed down in the Sam Gibbons Federal Court in Tampa, Florida last Thursday, Banton (real name Mark Anthony Myrie) said he was already attending classes inside the Pinellas County Jail in Tampa and planned to attain a master's degree by the time his federal sentence is served.

"I am already going to classes. I have passed the acceptance test and I will be studying political science and economics. I hope to get a master's by the time I am released," Myrie said.
With steely resolve ringing in his voice during a telephone conversation with this newspaper, Myrie was adamant that he would not crumble under the pressures of incarceration and said he was determined to make good out of his troubles.

"I can do anything I put my mind to; you know that. I have balls of steel. People who know me know that I am very determined and will achieve my goals despite hardships. I will not allow the system to conquer me," the artiste declared.


In the United States, inmates serving federal time are allowed to pursue tertiary education in an effort to rehabilitate them and curb the high rate of recidivism.
A study by the Graduate Centre of the City University of New York revealed that inmates who take college classes while in prison are four times more likely to stay out of trouble when they are released. The research showed that only 7.7 per cent of inmates who took college courses returned to prison, compared to 29.9 per cent of those who did not. The New York study also found that college prison programmes save US taxpayers about US$900,000 per 100 students every two years.
Myrie's attorney, David Markus, has repeatedly pointed to his client's strength of character and told reporters that despite being jailed for 18 months since December 2010, the artiste had remained optimistic and in high spirits.

Markus was dismissive of suggestions by reporters outside the courtroom that guilty pleas by Myrie's co-defendants Ian Thomas and James Mack had a bearing on the 10-year sentence meted out to the artiste.
Thomas and Mack both received sentences of 51 months after filing guilty pleas. Both were held attempting to purchase a large quantity of cocaine from undercover drug enforcement agents in a police-controlled wharehouse in Sarasota, Florida, hours before Myrie himself was arrested at his home in Tamarac, South Florida and carted off to jail.
"There is a big difference. Mark has fought two trials and I think that stands for what kind of character Mr Myrie is to the other people," Markus said.
Myrie, dressed in his grey prison uniform with shackles around his ankles, seemed resigned to his fate in the courtroom last Thursday, even flashing a brief smile after his sentence was handed down by United States Judge Jim Moody .

He laughed loudly many times during his brief conversation with the Sunday Observer.
He repeated his expression of thanks for the outpouring of support and urged his fans and well-wishers to be strong.

"Even though the days ahead may be filled with despair, I will prevail over this malady that has befallen me. I may be down but not out and I shall return," was his message.
Markus has signalled his intention to appeal the judgement in an appellate court in Atlanta, Georgia and exuded confidence that the possibility exists that the 38-year-old Myrie could be out of prison in two years if his arguments hold water with a three-member panel of judges.
Moody had on Thursday dropped the charge of possession of a firearm in furtherance of a drug offence against Myrie.

"We are looking forward to the appeal," said Markus. "We believe we have a lot of good issues on the appeal and now that we have knocked out two of the counts we have got two to go. We are not going to stop fighting on those two."

Buju Banton, the only surviving son for his late mother and the only son sired by his father Benjamin Myrie, shot to prominence in the early 1990s with the hit song Browning. He ruled the world of dancehall with his raspy vocals and catchy lyrics before his conversion to the Rastafarian faith about six years later.
Since then, he has had five Grammy nominations and was awarded the Reggae Grammy earlier this year for his album Before The Dawn, just weeks before he was convicted by a 12-member panel of jurors for his role in a cocaine deal.

An earlier trial in 2010 ended in a mistrial after a jury could not unanimously decide on his guilt or innocence.

Jun 24, 2011

Buju Banton timeline

Source: http://www.jamaicaobserver.com/entertainment/Buju-Banton-timeline_9055035


SINCE the early 1990s, the name Buju Banton has been at the forefront of the Jamaican and international reggae/ dancehall music fraternity. The deejay, known for his engaging live performances fuelled by a poignant catalogue of music, was yesterday convicted on drug charges. Here is a look at the time line of the artiste.

1972 -- Mark Anthony Myrie is born in Salt Lane, St Andrew on July 15.
1986 -- a young Buju is introduced to producer Robert Ffrench by fellow deejay Clement Irie.


 The publicity photo of the artiste released in the early 1990s. At right: The high-riding deejay prior to his embrace of Rastafari and growing his locks.

1987 -- Buju drops first single. Debuting with the track The Ruler.
1991 -- Buju joined Donovan Germain's Penthouse Records label leading to the release of popular hits including Bogle, Browning and Black Woman.
1992 -- Re-release of Buju Boom Bye Bye, which had been recorded years earlier.
1994 -- Buju, reportedly affected by the singer Garnett Silk's death, embraces Rastafari and begins growing his locks.
1995 -- Buju releases what is considered his seminal album 'Til Shiloh -- marking a slight shift away from dancehall towards roots reggae.
1999 -- Buju drops Inna Heights which earns him a Grammy nomination.
2004 -- Saw the release of the politically charged Friends for Life album which also received a Grammy nod.
2007 -- In a return to his dancehall roots, Buju dropped the album Too Bad which also found favour with the Grammy panel.
2009 -- On April 21 Buju releases album Rasta Got Soul.
2009 -- In September, Buju kicks off Rasta Got Soul tour of the United States at the Trocadero Theatre in Philadelphia. However, the tour is plagued by cancellations due to pressure from gay rights groups.
2009 -- On October 13, following the cancellation of a number of dates on his Rasta Got Soul tour, Buju meets with four members of San Francisco's gay community.
2009 -- In December Drug Enforcement Administration agents remanded Banton into custody in Miami, where the US District Attorney charged him with conspiracy to distribute and possession of more than five kilogrammes of cocaine.
2010 -- On September 27, the case against Buju Banton was declared a mistrial after the jury was unable to reach a unanimous decision.
2010 -- Before the Dawn, the ninth studio album from Buju is release in North America and Japan on September 28.
2010 -- on November 10, Buju is released on bond.
2011 -- January 16, Buju performs to a sold-out audience at a specially arranged fund-raising concert held at the Bayfront Park Amphitheatre in downtown Miami.
2011 -- On February 13 -- one day before the scheduled start of his retrial in Tampa, Florida -- Buju Banton's Before The Dawn album is announced as the winner of the Best Reggae Album category at the 53rd annual Grammy Awards being held at the Staples Centre in Los Angeles, California
2011 -- February 22 -- Buju is found guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence and using communication wires to facilitate a drug-trafficking offence. He was found not guilty on the charge of attempted possession of five kilogrammes or more of cocaine.

Jun 23, 2011

Buju gets 10 years

Source: http://www.jamaicaobserver.com/news/Buju-gets-10-years


REGGAE artiste Buju Banton was today sentenced to 10 years by United States magistrate Jim Moody in the Sam M Gibbons US Court in Tampa Florida. He will be incarcerated at the FCI prison facility in Miami.
The artiste – real name Mark Myrie – was found guilty in February of conspiring to negotiate a drug deal in a police controlled warehouse in Florida.
 
The charge of possession of a firearm in furtherance of a drug offense was dropped however.
The artiste was slapped with the heavy sentence despite pleas for leniency by his attorney, his children, movie star Danny Glover and other character witnesses.
Banton, whose real name is Mark Anthony Myrie, seemed resigned to accept his fate and calmy accepted the verdict.
His attorney David Oscar Markus has signalled his intent to appeal Banton's guilty verdict and indicated that he would move with alacrity to secure the artiste's release.

The sentence was handed down in front of a packed courthouse which included members of the artiste's family, his close friend Wayne Wonder, his manager Traci McGregor and reporters.
Many persons, including artistes and Banton's close friends Gramps Morgan and Delly Ranks who came to hear the verdict were turned back after court officials indicated that the courtroom was packed and Moody had already been seated at minutes to 9:00 am.
The sentencing hearing lasted just over an hour and many of Myrie's supporters and family members cried openly.
The artiste will serve his time at the penal facility in the state of Florida.
Myrie underwent two trials after the first trial ended in a mistrial in 2010. He was however found guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, using the wires to facilitate a drug offense and possession of a firearm in furtherance of a drug trafficking offence.
Banton's two co-conspirators, Ian Thomas and James Mack both plead guilty after they were held in a sting operation attempting to purchase cocaine from federal agents in a police controlled warehouse in Tampa.
The US government built their case around wiretap and video evidence which caught Banton tasting cocaine and making several statements of the purchasee and sale of large amounts of contraband.

Jun 12, 2011

'Please spare our dad' — Buju's kids appeal to judge

Source: http://www.jamaicaobserver.com/news/Emotional-pleas-for-Buju_8995518

Reggae artiste’s kids, Danny Glover, NBA star Etan Thomas, Stephen Marley write to judge urging compassion

'PLEASE, spare our dad.' This is the emotional plea from four of the 15 children of Grammy Award-winning artiste Buju Banton to Judge Jim Moody ahead of the reggae artiste's sentencing on gun and drug-related charges on June 23 in the Sam M Gibbons Federal Court in Tampa Florida.

The siblings' letters for mercy form part of a document filed last week by Banton's legal team seeking a reduced sentence for the Jamaican artiste, who is facing 15 years to life behind bars. The letters are also among others penned by the likes of renowned actor Danny Glover, NBA player Etan Thomas, Vibe Magazine editor-at-large Rob Kenner and reggae artiste Stephen Marley.


Reggae artiste Buju Banton and members of his legal team heading to court in Tampa, Florida for his retrial in February this year. (Photo: Paul Henry)

In their letters, the children pour out their hearts, as they explain what their father, whose real name is Mark Myrie, means to them.

"My father is a great person. He always make us smile when he is around...," said Jahazeil, 14. "I love my father so much. He always care about us and encourages us to do the best we can and I miss him because there is no father like him."

Banton's daughter Jodian, who at 21 is the artiste's eldest child, noted in her letter: "My father is a very hardworking man who puts a lot of time — basically his entire life — into his music and family."
Seven-year-old Jahleel, in his letter, said: "My father was always there for me and I will be there for him. He was the only person that understands the way I feel... My father is the world to me, and I am to him."
Eighteen-year-old Shadai described her father as "the backbone of my family".

She added: "Without him many things would not be possible. He is there for myself, my sisters and brothers, both financially and emotionally. He motivates each of us when we feel like the weight of the world is on our shoulders. How then could we picture a comfortable life without our main source of comfort?"

Banton was convicted in February on charges of conspiracy to distribute five or more kilogrammes of cocaine, possession of a firearm in the furtherance of a drug-trafficking crime and using the wires to facilitate a drug-trafficking offence. The conviction follows a first trial in September of last year which ended without the jurors being able to reach a verdict. He was arrested in December 2009, resulting from a covert operation.
Last Thursday, Banton's legal team filed the document asking for a sentence below the mandatory minimum of 15 years behind bars, which the lawyers are contending would be cruel and unusual punishment.

In his letter to the court, Glover describes himself as a friend of Banton's, and noted that the artiste is "considered one of the most influential reggae musicians" and that his "Grammy-Award winning music" addresses every aspect of life and "feeds the heart, mind, body and soul, bringing a message of hope". "Not only is Mr Myrie a great musician with a great deal of work ahead of him," Glover added, "he is also a role model, philanthropist, and spiritual leader of the community."

Noted Kenner of Vibe Magazine: "He is religious and has travelled to the Holy Land to attend prayers in Golgotha Ethiopian Monastery, Jerusalem. Mark Myrie is one of the leading voices of his generation. His music sheds light on such issues as the unrelenting violence and abject poverty pervasive in the Third World."
Meanwhile, Marley, the son of reggae icon Bob Marley, said that Banton was like a brother to him and asked the judge to be "compassionate to Mark".

Thomas, who plays for the NBA team Atlanta Hawks, described Banton as "an extremely positive inspiration" in his life and "countless people around the world, especially black men".
Said Thomas: "...His music helped keep me out of trouble and encouraged me to perform to the best of my ability, no matter the challenge. ...It is for this reason I hope to have Mr Myrie included as one of the fathers... in my book on fatherhood: a guide to being a good father. Mr Myrie willingly accepted to participate without any request for financial gain. He is truly a humble man who makes himself accessible to all who reach out to him."

May 21, 2011

The Caged Bird Sings Of Freedom

Source: http://thisisbujubanton.wordpress.com/2011/04/24/the-caged-bird-sings-of-freedom/

The caged bird sings
With a fearful trill
Of things unknown
But longed for still
And his tune is heard
On the distant hill
For the caged bird
Sings of freedom.

–Dr. Maya Angelou (from I Know Why The Caged Bird Sings)


Greetings in the name of the Most High…
As you can imagine, the Gargamel Music Family’s entire world was shattered by the outcome of Buju’s trial. Two months have passed and the heartache has not eased at all. We lost a long, hard-fought battle but, alas, this legal war wages on. We remain confident in Buju’s innocence and vigilant in our fight for his ultimate freedom. There is nuff work to be done and the time has come for us to pick up the pieces and march forward in the struggle.
Buju’s strength and resolve throughout this painful ordeal has been nothing short of inspiring. He is a true soldier who continues to stand firm in his beliefs and will not be broken. He earnestly thanks his friends for life — the fans worldwide — for your unyielding support and only asks that you remember him in a positive light and continue to play his music in the days to come.
We encourage you to send uplifting letters to Buju at the address below:
Mark Anthony Myrie - Docket # 1443397
CEN-4C1-UN01-01-001
Pinellas County Jail
14400 49th Street North
Clearwater, Florida 33762-2877
If you feel like you want to top up B’s commissary, include a money order with all of the above information written on it (Mark’s legal name/docket number, etc…) and place it in the envelope with your letter. The guards who open the mail will make sure it’s added onto his account.

SENTENCING & APPEAL

We recently sat down with Buju’s attorney, David Oscar Markus, who took the time to school us on how the sentencing and appeal processes works so we have a better sense of what to expect.
The trial and sentencing judge, James Moody, Jr. still has yet to rule on either of the post trial motions filed by Markus back in February: 1) motion for judgement of acquittal  2) motion for a new trial. Markus filed a separate third motion for bond pending sentencing and appeal that he is also waiting to hear from the Court on.
Buju’s sentencing is currently scheduled for June 23rd. While Judge Moody can take other things into account, he still must abide by the current mandatory minimum drug sentencing guidelines, which based on the three convictions: 1) Conspiracy to possess with intent to distribute 5 or more kilograms of a substance containing a detectable amount of cocaine  2) knowing and intentionally possessing a firearm in the furtherance of a drug trafficking offense and 3) using the wires to facilitate a drug trafficking offense, bring the mandatory minimum in this case to 15 years.
  • After sentencing, Markus has 14 days to file a notice of appeal. Then he will order the trial transcripts, which will take about 30 days.
  • As soon as Markus gets the transcripts, he has 40 days to file a brief, which will contain his arguments.
  • The government gets 40 days to respond. Markus gets 40 days to reply.
  • Then the Court will decide whether to allow oral argument (where 3 judges listen to the case). Only 10% of all appeal cases are granted this opportunity.
  • After oral argument, the Court usually takes between a month and a year to rule.
Those who wish to donate funds toward the appeal may send a wire transfer to the official Buju Banton Defense Fund set up by his attorney:
Markus & Markus, PLLC
(Defense Fund for Buju Banton)
Citibank, N A
Coral Way Branch
1600 Coral Way
Miami, FL 33145
ABA # 266086554
Account # 9118130472
You may also make a donation via Paypal. Just log in and direct monies to FREEBUJU@gmail.com
THE VOICE OF JAMAICA WILL NOT BE SILENCED!
The Gargamel Music Family remains steadfast in our efforts to promote and preserve the musical legacy of Buju Banton. As he reiterated in his Miami New Times cover story in January of this year, “they can lock the flesh but they can never lock the spirit of Rasta.” We intend to keep Buju’s spirit moving and his voice soaring — through music… And we already have several projects in development:
Buju Banton & Friends: Before The Dawn Concert DVD
We are working out the logistics to make the official DVD of the Before The Dawn Concert available for sale later this year. We are aware of the weak bootleg circulating on the streets and will deal with the culprits accordingly. In the meantime, we just ask that the fans hold on and support the real product when it comes out. It will definitely be worth the wait.
New Buju Banton Studio Album
While the General was out on bail and under house arrest he finished up some tracks for an album co-produced with longtime UK brethren, Blacker Dread. The pair previously worked together on the rousing 2010 anthem “Innocent” featured on Buju’s Grammy-winning album Before The Dawn (Gargamel Music). This new album will drop some time in 2012 on Gargamel Music, Inc.
Buju Banton Live Album
Team Gargamel has collected some amazing live material over the past few years and we plan to release the first Buju Banton live album some time in the near future.
Buju Banton Coffee Table Book
For the past few years we’ve been shooting with esteemed celebrity photographer Jonathan Mannion (Too Bad and Rasta Got Soul album covers) to produce a photography book that visually captures the excitement and frenetic energy of Buju’s live performances along with some exclusive behind-the-scenes moments on the road with the artist and his band.
Gargamel Music Website
At long last, we are in the process of revamping the Gargamel Music website. www.GARGAMELMUSIC.com will be the hub for all things Buju Banton on the web. We will also be selling authentic Buju Banton merchandise, including the Official Free Buju T-Shirts, which are now available in a Limited Edition Red in addition to the original Black and Green color waves. And keep your eyes peeled for the brand new Buju Banton Logo Tee that will be available at relaunch!
The Gargamel Music Family Thanks You For Your Support!

Apr 20, 2011

Buju is a rock

BY KARYL WALKER Observer Online news editor walkerk@jamaicaobserver.com
Sunday, April 17, 2011



DESPITE languishing in the Pinellas County Jail in Florida almost two months after being convicted on drug charges, Reggae star Buju Banton is said to still be in high spirits and is keeping his fingers crossed that he will be able to walk free.

The artiste was found guilty by a 12-member panel of jurors, during a second drug trial in Tampa, Florida in February, of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence, and using the wires to facilitate a drug-trafficking offence.

He was found not guilty of attempted possession with the intent to distribute cocaine.
Banton is scheduled to be sentenced on June 23 and could be locked away for 15 years to life, but, according to his lead attorney David Oscar Markus, the artiste is still optimistic that he will be exonerated.
"Buju is amazing — he is still in good spirits and believes that good things are still going to happen. He is very happy that people are still supporting him and continuing to send him letters and good wishes. We are trying to stay optimistic. Buju makes that much easier. He is a rock and gives us all strength," Markus told the Sunday Observer. He said the appeal against the guilty verdict will be filed after the artiste is sentenced.
"We will be filing our appeal after he is sentenced. Our motions for the judge to set aside the jury's verdict is still pending," Markus said.

Banton had spent 11 months in jail after being arrested by federal agents at his home in Tamarac, South Florida in December 2009. He was arrested hours after drug enforcement agents in Tampa, Florida arrested two co-conspirators, James Mack and Ian Thomas, in a police-controlled warehouse, attempting to purchase a huge amount of cocaine from undercover cops.

Thomas and Mack have since pleaded guilty and are yet to be sentenced.
In his first trial in September last year, a panel of jurors, after days of deliberating, could not come to a unanimous decision as to his guilt or innocence and the case ended in a mistrial.
Banton was then granted bail and placed under house arrest after his close friend Stephen Marley, son of reggae king Bob Marley, put up his house in Florida as collateral. Banton was also allowed by a magistrate to perform at a concert in downtown Miami in order to raise funds to foot his legal bills for a second trial.
Ever since his arrest, Banton, whose birth name is Mark Anthony Myrie, has maintained his innocence and claims he was entrapped by the United States Government which paid an informant US$50,000 to snare him.
He also claimed that he bragged about fictitious drug connections in order to impress the informant who promised to secure a record deal for him.

He was found guilty just days after he was awarded the Reggae Grammy award for his album Before The Dawn.

Source: http://www.jamaicaobserver.com/news/Buju-is-a-rock_8680223

Mar 9, 2011

Buju Banton to be sentenced June 16

TAMPA, Florida (CMC) – A United States federal judge has set June 16 as the sentencing date for Jamaican Grammy Award-winning reggae star Buju Banton.
Court officials said that Judge James S Moody, Jr will preside over the sentencing of Banton, 37, whose real name is Mark Myrie. The reggae star faces up to 20 years in prison.

Last month, a 12-member federal jury found Banton guilty on three cocaine-related charges, including conspiracy to possess with intent to distribute five kilogrammes or more of a mixture and substance containing a detectable amount of cocaine.

They also found him guilty of attempting to possess five kilogrammes or more of cocaine, and for aiding and abetting others in using a communication facility in the commission of a felony.

The jury, however, did not find him guilty of knowingly and intentionally possessing a firearm in furtherance of and during the course of a drug-trafficking crime.

The singer has maintained his innocence throughout the trial, the second since a jury reached a deadlock late last year.

Banton’s attorney, David Markus, argued that the artiste never became a willing participant of the cocaine conspiracy arguing that tasting the cocaine, talking about cocaine and simply being present at the warehouse is not sufficient to find Banton guilty of the crimes.

Banton was arrested on December 10, 2009 in a Drug Enforcement Administration (DEA) sting operation.
Banton‚s long-time friend, Ian Thomas, and another man, James Mack, were arrested the same day when they attempted to buy cocaine from undercover detectives in a Florida warehouse.

Thomas and Mack pleaded guilty, but Buju denied the charges.

Banton, who is in detention awaiting sentencing, thanked his fans for their support, stating: "our life and our destiny are sometimes pre-destined; and, no matter where this journey takes me, remember I fought the good fight.

"It was a great man that said my head is bloody but still unbowed I love you all thank you for your support," he said.

Banton reached the zenith of his singing career on February 13 when his album, 'Before the Dawn', was awarded the Grammy for Best Reggae Album.

Prosecutors charged Banton was the middleman in a cocaine transaction between Tampa dope dealers and a confidential informant working with the DEA.

Banton was caught on covert audio and videotape boasting about the „no-risk‰ drug deal and sampling the illicit white powder, prosecutors said.
"This is not about Buju Banton, the reggae singer. This is about Mark Myrie, the drug defendant," Assistant US Attorney James Preston said during his closing argument.
But Markus countered that the singer did not profit from the drug deal, stating that Banton was snared in the DEA probe because he is "a big talker" and was trying to impress the confidential informant, who ended up with a US$50,000 commission following the bust.

Markus said he has filed a motion in the United States District Court, Tampa Division, asking for acquittal or a new trial, and that the reggae star be released on bail.
But prosecutors said that they would be seeking to squash the defence motion since the claim is "without merit".

Feb 27, 2011

'Remain confident,' Buju tells dejected friends

Source: http://www.jamaicaobserver.com/news/Remain-confident-Buju-tells-dejected-friends_8442012

TAMPA, Florida — Grammy-winning Jamaican reggae artiste Buju Banton was said by close friends to be in good mental condition yesterday, four days after his conviction on gun and drug charges which could land him prison for life.
The Sunday Observer has learnt that the artiste has been consoling and encouraging friends who have been devastated by his conviction last Tuesday.


A number of persons told the Sunday Observer between then and yesterday that the artiste has been showing amazing strength in the Pinellas County jail where he is awaiting sentencing.
No specific date has been set for Banton's sentencing, but his attorney, David Oscar Markus, said it would be within the next three months.
"I called him yesterday crying and he was the one encouraging me to keep strong," said a friend of the artiste, who asked not be named.
"He's is doing fine," said another earlier last week. "He is encouraging us to remain confident."
These accounts are in line with Markus' assessment  of the artiste's mindset immediately following the conviction. "We are all devastated," Markus told a group of reporters outside the Sam M Gibbons Federal Court in downtown Tampa where the case was tried. "He seems to be the only person that is doing well."
One of the reasons given for the strength being displayed by Banton, whose real name is Mark Myrie, could be his confidence that his conviction will be overturned on appeal or his insistence that he is innocent.
The 37-year-old artiste had said during his two days in the witness box that if he were guilty of the crime for which he had been charged he would have accepted the two-year plea deal offered to him by the prosecution.
Banton has also been telling depressed friends, "It's not over," in reference to his appeal.
The artiste has been convicted of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence, and using the wires to facilitate a drug-trafficking offence.
However, he was found not guilty of attempted possession with the intent to distribute cocaine.
Banton was arrested on December 10, 2009 hours after two men — Ian Thomas and James Mack — were busted in an undercover warehouse where they had gone to purchase cocaine. US$135,000 was seized and the gun for which Banton was charged was found in Mack's car. Both men have pleaded guilty and are yet to be sentenced.
The operation was set in train in July 2009 as a result of Banton's bragging to US government informant Alexander Johnson that he was a financier of drugs and sought his assistance in expanding his venture.
The prosecution has contended that Banton was instrumental in brokering the deal, which resulted in the arrest. But Banton said that he was not part of the deal, even though he introduced Thomas to Johnson.
Banton said he was merely talking when he spoke with Johnson about making drug deals and that it was Thomas who brokered the deal. The artiste said he backed away from Johnson after December 8, 2009 when Johnson showed him cocaine in a warehouse. Banton was captured on video tasting the drug.
Banton's first trial last September ended with a hung jury, paving the way for the retrial, which began on February 14.

Feb 23, 2011

Buju back in Pinellas County Jail

http://www.jamaicaobserver.com/news/Buju-back-in-Pinellas-County-Jail



JAMAICAN Reggae artiste Buju Banton is now languishing in the Pinellas County Jail in Tampa, Florida where he spent almost 11 months while awaiting trial in 2010.
Banton, real name Mark Myrie, was transferred to the penal facility yesterday after the guilty verdict on three drug-related offences were handed down by a panel of jurors, which included three African-American women.
When the jury returned with their verdict after 11 hours of deliberations, the three African-Americans were observed smiling.
Banton was detained immediately after the guilty verdict was handed down and had his bail revoked.
During his first stint in jail, the artiste reportedly lost weight and was being housed in an isolated section of the Pinellas County Jail as punishment for sharing his food with inmates.
He complained bitterly that he was being denied vegetarian meals and had lost weight, but prison authorities countered by saying that he had actually gained a few pounds.

BONDAGE! - Buju faces 15 to life after guilty verdict

http://www.jamaicaobserver.com/news/BONDAGE----Buju-faces-15-to-life-after-guilty-verdict_8418691


TAMPA, USA — Reggae superstar Buju Banton walked unshackled into the Sam M Gibbons Federal Court yesterday morning but by late afternoon he was led out in handcuffs after a jury, deliberating for a second day, returned guilty verdicts on three of four charges against the Jamaican Grammy-winning artiste.
The verdict, which came at around 2:22 pm, left Banton's overly optimistic supporters in shock, and had them streaming out of the courtroom in tears. The more than two dozen supporters afterward expressed anger and disbelief at the decision which came little over an hour after the lunch break.

Banton stood emotionless as the verdict was being read. Afterwards, he hugged the members of his legal team.
"We love you," Banton's manager Traci McGregor shouted in court immediately after the verdict was read. The artiste similarly responded and told his supporters "Thank you."
The artiste was found guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence, and using the wires to facilitate a drug-trafficking offence.
However, he was found not guilty of attempted possession with the intent to distribute cocaine.
Shortly after, Banton — whose real name is Mark Anthony Myrie — met his legal team of David Oscar Markus, Marc David Seitles and Margot Moss. Markus emerged an hour later telling reporters that the conviction would be appealed.
An emotional Markus read a statement prepared by Banton after the guilty verdict.
"Our life and our destiny are sometimes pre-destined and no matter where this journey takes me, remember I fought the good fight," said the statement. "It was a great man that said 'my head is bloody but still unbowed'. I love you all. Thank you for your support. Keep loving God."
Banton is to be sentenced in another three months and faces 15 years to life behind bars, Markus said. The lawyer is expected to apply to have Banton's US$250,000 bail restored during the period leading up to the sentence.
The artiste had been on trial since Monday, February 14. The 12 jurors, three of whom were African-Americans, started deliberating last Friday morning.
Banton's first trial ended in September last year with the jurors being unable to reach a unanimous verdict, setting up the second trial.
He was arrested on December 10, 2009, hours after two men — Ian Thomas and James Mack — were busted in an undercover warehouse where they had gone to purchase cocaine. US$135,000 was seized and the gun for which Banton was charged was found in Mack's car. Both men had pleaded guilty and are yet to be sentenced.
The operation was set in train in July 2009 as a result of Banton's bragging to US government informant Alexander Johnson that he was a financier of drugs and sought his assistance in expanding his venture.
The prosecution has contended that Banton was instrumental in brokering the deal, which resulted in the arrest. But Banton said that he was not part of the deal, even though he introduced Thomas to Johnson.
Banton said he was merely talking when he spoke with Johnson about making drug deals and that it was Thomas who brokered the deal. The artiste said he backed away from Johnson after December 8, 2009 when Johnson showed him cocaine in a warehouse. Banton was captured on video tasting the drug.
Minutes after eight o'clock yesterday morning, a relaxed Banton made the short stroll from his hotel to the court surrounded by his attorneys, security detail and supporters. Moments before the jurors resumed deliberations yesterday morning, supporters sent up fervent and lengthy prayers for the artiste's freedom in the hallway of the court.
Despite the verdict, supporters still hold out faith that God will free Banton on appeal.
"Last thing me and DJ spoke about was going home," add a tearful Wayne Wonder, with whom Banton made numerous hit songs in the 1990s. "He was the one who told us to stay strong. It's not over yet."

Feb 22, 2011

Buju Banton says thanks to his fans

http://go-jamaica.com/news/read_article.php?id=26681

Jamaican reggae superstar-turned-convict Buju Banton has expressed appreciation to his fans for their support. 

"Our life and our destiny are sometimes predestined and no matter where this journey takes me remember I fought the good fight. It was a great man that said my head is bloody but sill endowed. I love you all, thank you for your support," Buju said in a statement read today by his attorney David Oscar Markus. 

A jury at 2:30 today returned a guilty verdict on three of the four cocaine-related charges for which Buju was tried last week. 

In a brief statement Markus said, "we are all very sad, disappointed and emotional.". 

"The only person who seems to be ok is Buju. We just saw him in the lock-up and he has told us that he was happy that he fought knowing that he is innocent." 

Buju lawyer to appeal case

http://www.jamaicaobserver.com/news/Buju-lawyer-to-appeal-case


ATTORNEY representing Reggae star Buju Banton, David Oscar Markus, has signalled his intention to appeal the guilty verdict that was handed down in the United States Sam Gibbons Federal Court today.
Banton was declared guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence and using the wires to facilitate a drug-trafficking offence by a 12-member panel of jurors.
However he was found not guilty of attempted possession with the intent to distribute cocaine.
The artiste hugged Markus when the verdict was read while many of his supporters left the courtroom crying. He has been detained and has had his bail revoked.
Banton was arrested at his Tamarac home in South Florida in December 2009, a day after his co-defendants Ian Thomas and James Mack were arrested in a government controlled warehouse in Tampa, Florida attempting to buy cocaine from Drug Enforcement Agents.
He was jailed for almost 11 months in the Pinellas County Jail and his first trial in September last year ended in a hung jury forcing US Judge Tom Moody to order a retrial.
The artiste has consistently pleaded his innocence and claims he was entrapped by the US government.

Buju found guilty

News mi neva did waan deliver... Caah believe!!! No sah! Babylon ting

http://www.jamaicaobserver.com/Buju-guilty-


REGGAE star Buju Banton was found guilty on three charges by a 12-member panel of jurors a short while ago.
The artiste was found guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, attempted possession with the intent to distribute cocaine,  and using the wires to facilitate a drug-trafficking offence.
However he was found not guilty of possession of a firearm in furtherance of a drug-trafficking offence.
The artiste hugged his lawyer David Markus when the verdict was read.


Many of the artiste's supporters left the courtroom crying. He has been detained and has had his bail revoked..

Nervous moments for Buju as jury asks for more

http://www.jamaicaobserver.com/news/Nervous-moments-for-Buju-as-jury-asks-for-more


Jurors ask for clarification on aiding and abetting law


FLORIDA, USA — There were nervous moments for Buju Banton and his supporters a short while ago at the United States Sam Gibbons Federal Court in Tampa when jurors returned from lunch asking for clarification on the aiding and abetting law.
The jurors wanted to know if the aiding applies to the gun charge but after submissions from the defence attorneys and the prosecution the judge James Moody ruled that it does not.
Moody said the aiding and abetting only applies to the wire count against the artiste.
After the ruling attorney David Oscar Markus, representing Banton — real name Mark Myrie — turned to supporters with thumbs up repeating, "Still alive, still alive."
Supporters could be observed clutching each others hands. Deep breathing reverberated and some whispered silent prayers.
Former co-defendant James Mack had been held with the gun for which Banton is charged. Mack has already pleaded guilty and told authorities he never knew Banton before he was arrested.






Feb 19, 2011

Buju trial to resume on Tuesday - No verdict yet

http://www.jamaicaobserver.com/latestnews/Buju-trial-to-resume-on-Tuesday


FLORIDA, USA – Jurors in the Buju Banton trial will resume deliberations on Tuesday after failing to reach a verdict today. Monday is a public holiday in the United States.
At 9:37 this morning Judge Jim Moody handed over the case to the jurors after spending more than an-half-hour addressing them on the law in relation to the charges against Banton.
The artiste appeared a bit more relaxed than he did this morning while heading to court.
Banton, whose real name is Mark Myrie, has been on trial in the Sam M Gibbons Federal Court since Monday on charges of conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drug trafficking offence; and using the wires to facilitate a drug trafficking offence.

The jurors were instructed to consider each charge separately.
In instructing the jurors, Moody said in order to reach a guilty verdict they all had to find beyond a reasonable doubt that the defendant was a willing participant in a conspiracy, among other things. Regarding the firearm charge Moody said that the defendant had to knowingly possessed the firearm during the furtherance of a drug trafficking crime to be convicted.

The gun for which Banton has been charged was found in the car of a James Mack on December 10, 2009 during a drug sting operation. Banton was not on the scene when Mack was arrested and the gun found. The prosecution is contending that Banton, Mack and Ian Thomas conspired to possess and distribute the cocaine. Banton was arrested hours later at his Florida home.

Feb 18, 2011

Tense wait for Buju - Judge to hand case to jurors today

http://www.jamaicaobserver.com/news/Tense-wait-for-Buju


We have faith, says entertainer’s lawyer
Friday, February 18, 2011

Jamaican reggae star Buju Banton (left) talks with his lawyer David Oscar Markus following yesterday’s hearing of his drug case at the Sam M Gibbons Federal Court in Tampa, Florida. (Photo: Paul Henry)

 
FLORIDA, USA — The crushing and nail-biting wait is expected to begin today as Judge James Moody hands the case over to the 12 jurors who are to determine the fate of Grammy-winning reggae artiste Buju Banton.
Yesterday, the weight of uncertainty and anxiety was evident on the supporters and relatives of the artiste, who could be imprisoned for 20 years if found guilty.
 
Those attending the sitting of the retrial at the Sam M Gibbons Federal Court in Tampa were transfixed during closing arguments of defence attorney David Oscar Markus and prosecutor Jim Preston. Some sat nervously, while others prayed during the proceedings.
Judge Moody will today instruct the jurors in relation to the law before handing the case over to them.
“We are praying,” Markus told the Observer after court. “We have faith. I know in my heart that Buju did not commit a crime.”
During his closing argument, Preston told the jurors that Banton (real name Mark Myrie) was guilty as charged and asked them to return a like verdict.
“This is not about Mark Myrie the entertainer; it is about Mark Myrie the drug dealer,” Preston told the jurors.
“Ladies and gentlemen,” Preston added, while standing, fingers jabbing in Banton’s direction, “I ask you to return to this courtroom with confidence and look at the defendant a say to him, Mr Myrie you are guilty as charged.”
But in his dramatic closing argument, Markus quoted from the book To Kill a Mockingbird, telling the jurors, “Please, ladies and gentlemen, please find Mark Myrie not guilty.”
Markus called the gun and wire charge against his client absurd, noting that it showed how desperate the prosecution was in wanting to convict the Grammy-winning artiste.
But in his response Preston said it was the defence who was desperate, skirting damaging information, directing the jurors to look at a tree instead of the whole forest. He said that Banton was in his present predicament because of his own desire to deal in drugs.
Banton’s first trial ended in a hung jury last year September when a jury of 12 failed to reach a verdict following roughly three days of deliberation.
The artiste has been on trial since Monday of charges of conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drug trafficking offence; and using the wires to facilitate a drug trafficking offence.
He was arrested on December 10, 2009 as part of a sting operation. His arrest came hours after his long-time friend Ian Thomas and James Mack was held in a drug bust.
Earlier yesterday, Preston presented telephone records, showing that, contrary to what Banton had said previously, he did in fact call government informant Alexander Johnson.
In his closing, Preston said Banton’s attorney had skirted the record. But Markus said the record was not clear as to who called whom.
Also yesterday, Banton apologised to the jurors for his outburst under a severe grilling from Preston, adding that it was another example of mouth getting him into trouble.
Banton also denied suggestions by Preston that he was broke and needed money. Preston had said that Banton was in a financial bind, which motivated him to seek Johnson’s assistance to enlarge his drug-running empire.
And Moody denied an application by Markus to have Mack give evidence. Mack had pleaded the Fifth Amendment. Moody also said that Mack’s affidavit asserting that he did not know Banton was hearsay and could not be used in court.

Feb 16, 2011

I'm fighting, says Buju after tough 2nd day

http://www.jamaicaobserver.com/news/I-m-fighting--says-Buju-after-tough-2nd-day_8378295


TAMPA, USA — "I am fighting," said embattled Jamaican reggae artiste Buju Banton as he hustled to his hotel hounded by reporters following what could be described as a tough second day in the Sam M Gibbons Federal Court in this Florida city where he is being retried on drugs and gun-related charges.
Banton refused to comment on the case as he pushed a stroller a few blocks from the court to his hotel being chased by reporters and photographers.

Jamaican reggae artiste Buju Banton, flanked by his lawyer David Oscar Markus (right), waves to journalists as he leaves the Sam M Gibbons Federal Court in Tampa, Florida yesterday afternoon after the adjournment of day 2 of his retrial on drug and gun charges. Banton is pushing a stroller occupied by the baby of his manager, Traci McGregor (2nd right). (Photo: Paul Henry)


Moments after court adjourned yesterday, Banton's attorney David Oscar Markus said they were in the middle of a battle which they intended to win.
The unfolding of that battle continued yesterday with prosecutor James Preston showing jurors footage from a sting operation which captured Banton tasting cocaine from a knife used by his long-time friend Ian Thomas to cut into a parcel of the illicit substance on December 8, 2009.
The prosecution also continued playing for jurors audio recordings of what appeared to be Banton making a cocaine deal with Government informant Alexander Johnson, on August 1, 2009.
But the defence stormed into the battle minutes after 2:00 pm when Markus finally got his chance at Johnson, the prosecution's main witness.
Markus wasted no time in tearing into Johnson, depicting him as a financially troubled man who saw Banton as an opportunity to get out of his mortgage debt and to make money to clear his tax arrears, noting that Johnson has also filed for bankruptcy.
It was brought out in court that Johnson was paid US$50,000 for the role he played leading to Banton's arrest on December 10, 2009. During his work for the Government as an informer from 1996, Johnson said he has earned over US$3.3 million, more than what he had made during his time transporting thousands of killogrammes of cocaine in the United States from the 1980s to 1996 when he was arrested.
Johnson, jurors were told, is usually paid 15 to 20 per cent of the money seized from drug arrests in which he plays a role.
Yesterday, Markus suggested that it was this need for money that drove Johnson to hound Buju and his insistence that both men meet to concretise their drug talks. Reading from the transcripts of the recorded conversation between both men, Markus pointed out that it was Johnson who kept bringing up cocaine when he spoke with the Jamaican artiste.
Johnson, however, said he was doing his job and told the court that this was how he made a living.
Johnson gave evidence early yesterday morning that both men met on a plane on July 2009 on a flight from Madrid, Spain to Florida and that Buju brought up drugs when he heard that he was a Colombian. But under cross-examination from Markus later in the day, Johnson said he was the one who brought up drugs in the conversation.
Johnson also said in his examination-in-chief that the men met the following day to discuss drug ventures.
But under grilling from Markus, it was brought out that it was Johnson who brought up the argument of drugs some two hours into the conversation and after both men where drinking heavily.
Banton is facing charges of conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drug trafficking offence; and using the wires to facilitate a drug-trafficking offence.
The artiste, whose real name is Mark Anthony Myrie, was arrested on December 10, 2009 following the arrest of Thomas and James Mack.
Johnson said yesterday that Buju had introduced him to Thomas, who then introduced him to Mack to wrap up their drug deal.
Mack and Thomas were arrested after Mack brought $135,000 to an undercover warehouse to purchase drugs from undercover cops. The gun for which Buju has been charged was in Mack's possession.

Buju's War

http://jamaica-gleaner.com/gleaner/20110216/lead/lead1.html

Daraine Luton, Senior Staff Reporter
Tampa, Florida

Buju Banton whispers to his attorney David Oscar Markus as the two leave United States Middle District Court, Florida Division, in Tampa yesterday. - photo by daraine luton


Reggae superstar Buju Banton, who is preparing to take the stand in his defence, has declared he is "at war" and is vowing to keep "fighting" the drug charges against him.

The 37-year-old singer, who is on trial at the United States Middle District Court, Florida Division in Tampa, whispered in his attorney David Oscar Markus's ear as they walked from court and then declared aloud, "Mi just a remind you, because mi know seh yuh a go in di war room."

At the end of proceedings yesterday, Alexander Johnson, the informant called by the United States government to testify, was on the stand. The US government has alleged that Buju, whose real name is Mark Myrie, was a broker in a major drug deal.

Jim Preston, who is leading the government's case, has said Buju, through his long-time friend Ian Thomas, conspired to buy more than seven kilograms of cocaine from undercover law-enforcement agents. The drug was sourced by Johnson and was intended to be sold to two drug barons in Georgia named Ike and Tyke.

Markus, though, painted Johnson as a greedy, bankrupt man who exploited Buju's friendship in order to set him up. Johnson has admitted, under cross-examination from Markus, that although Buju appeared to be avoiding his calls, he had a bigger motivation to get the reggae superstar to talk about cocaine deals.

"If he does not take the calls, I call him … . That is what I do," he said.

Johnson, who would still be behind bars had it not been for a plea deal he struck two and a half years into his 21-year sentence for cocaine trafficking, has made US$3.3 million from being an informant. He has so far made more than US$50,000 in the Buju case and has admitted that being an informer earns him more money than drug trafficking.

"This is what I do," he insisted on the stand.

Asked why he continued calling Buju after the singer shunned his invitations for a meeting for five months between July and November 2009, Johnson said he did not get any instructions from the Drug Enforcement Administration that the case was over.

He said when he was unable to pin down Buju for appointments to discuss drug deals, "I said I would leave him alone for a while."

Johnson also noted that, since the case was still open, he had to keep pursuing it until he was told to stop.

Contradicting himself

Meanwhile, Johnson appeared to have contradicted himself on the stand when he spoke about how cocaine-related conversations first took place while both were seated in the business-class section of a flight from Madrid, Spain, to Miami.

Only hours after telling Preston that it was Buju who brought up the conversation about cocaine, Johnson, under cross-examination from Markus, changed his story.

During examination in chief from Preston, Johnson said Buju brought up the issue of cocaine when he found out that he was a Colombian.

"After he learnt that I was Colombian, he moved on to have his own idea that I was involved in drug trafficking," Johnson said.

However, under cross-examination, Johnson said he was the one who told Buju that he knew a Jamaican who was involved in drug trafficking and Buju said the man was a snitch.

Markus pointed out that on every occasion that the matter of cocaine came up, it was Johnson who raised it. He also stressed to the jury that Buju has not been charged with tasting cocaine, an act he was video-recorded doing in a warehouse.

On the way to the warehouse on December 8, two days before Buju was arrested, the superstar thanked the informer for setting up the deal.

"You have given me the opportunity to make myself again," Buju said to Johnson in an audio recording.

He complained to the informant that he did not make any money on his last tour and that gay-rights organisation, The Gay & Lesbian Alliance Against Defamation, "is trying to run me under".

daraine.luton@gleanerjm.com