'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.

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."

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.

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.

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.

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

A good day for Buju - DEA agent again says no evidence artiste a drug dealer

http://www.jamaicaobserver.com/news/A-good-day-for-Buju_8373371


FLORIDA, USA — Jurors in the highly anticipated second trial of reggae superstar Buju Banton heard testimony yesterday from lead investigator Dan McCaffrey of the Drug Enforcement Agency (DEA) that there was no evidence that the artiste was a drug trafficker. In fact, at the end of his cross-examination from defence lawyer David Oscar Markus, it was revealed that Buju did not finance or benefit from the drug deal that he was charged with being a part of.

Jamaican reggae artiste Buju Banton (right) greets a friend outside the Sam M Gibbons Federal Court in Tampa, Florida yesterday afternoon after the first day of his retrial on drug and gun charges. (Photo: Paul Henry)

McCaffrey's testimony yesterday was similar to that he gave on day one of Banton's first trial.
Based on his investigation, McCaffrey said that two men from Georgia known only as Ike and Tyke put up the US$135,000 that Buju's friend Ian Thomas and another man — James Mack — had presented to undercover drug agents when they were busted in a sting operation on December 10, 2009.
In addition, McCaffrey said that there was no evidence of any connection between Buju and Ike and Tyke. The agent also agreed that Ike and Tyke were the buyers of the drugs for which Banton was arrested.
McCaffrey, while making these admissions and agreeing that Mack was a courier for Ike and Tyke, maintained that Thomas and Buju were the ones who brokered the drug deal.


During his opening statement to jurors, prosecutor James Preston said that Buju's role had shifted from seeking new avenues to expanding his multimillion-dollar drugs enterprise to that of a broker.
Preston told the jurors that Buju was actively involved in the conspiracy to possess and distribute cocaine, noting that he would provide the evidence to back his statement.
But during his address of the jurors, Markus presented a checklist of 10 reasons why his client is not guilty, chief among them is that Buju had backed out of earlier drug talk with Johnson on December 8, 2009 after discovering that Johnson was a real drug dealer.


Following yesterday's early adjournment, as a result of a juror falling ill, Buju and his lawyer emerged from the Sam M Gibbons Federal Court in Tampa and gave brief statements to the press. Markus said that he was pleased with how the day had progressed.
"We had a very good day," Markus told a throng of reporters. "We feel good. I feel the same way Mark [Buju] feels, that once the jurors listen to the facts they will find him not guilty because he's not guilty. He's innocent."
Buju had moments earlier told reporters that he was thankful for the jurors who were selected and asked that they pay attention to the facts of the case.
Two hours were spent yesterday morning selecting the 12 jurors who would decide Buju's fate. The panel is comprised of three African-American women.


The artiste is being tried for 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.
If convicted, Buju could be sent to prison for 20 years.


Earlier in the morning, Buju, dressed in a dark suit and blue shirt, kept a cheerful demeanour, laughing and chatting with his attorneys. At one point as they stood for the entrance of the jurors, a member of Banton's legal team could be seen rubbing his back in a comforting way as they spoke.
In his opening address to the jurors, Markus petitioned to his client to stand, "This is Mark Myrie and he is not guilty," the lawyer said.


Markus told the jury that the artiste had no connection to the gun for which he was charged and that he had no connection to the drugs or the players in the deal.
But Preston said that Banton was a drug dealer and that the evidence would prove it. He told the jurors that at the end of the evidence he would be calling on them to convict the artiste, adding that America was depending on them.


Yesterday, Markus painted Johnson as a con artist, saying that he had set up Banton for financial benefit. Jurors were told that Johnson was paid US$50,000 for his part in the Buju Banton investigation.
Johnson, a former drug dealer turned informant, has been paid a total of US$3.3 million for his work with the US Government since 1996.

Buju honoured by Grammy win

http://www.jamaicaobserver.com/entertainment/Buju-honoured-by-Grammy-win-Industry-mates-joyful_8371616


Buju Banton's win at the Grammy Awards on Sunday has gone down extremely well with his fellow music industry practitioners here at home.
The deejay, who is currently facing drug charges in a US court, was showered with congratulatory messages following the announcement that his project, Before the Dawn, was named Best Reggae Album.

In a release, the deejay -- born Mark Myrie -- is quoted as saying: "Winning this Grammy is an honour because it truly shows that my music has transcended a lot of borders and people are now paying attention to what I'm saying, in-depth."
"Music is an art form that cannot be denied by any living soul. Music is life. Many thanks to the Recording Academy for recognising my work," he continues.

Former manager/producer and long-time friend and confidant Donovan Germain could not contain his joy for his prodigy. "It was long overdue, better late than never. He should have won a Grammy from Til Shiloh. I am hoping for the best with his trial and I hope everything works out well for him. I have him in my prayers," Germain said.

Culture minister Olivia 'Babsy' Grange in her message of congratulations to the artiste, noted that she shares the pride and joy of Buju Banton and all his fans across the world . "This is a very important award that recognises his music talent. Buju has produced great music over the years and the album Before the Dawn adds to his collection of outstanding works that has helped to bring Jamaica's Reggae music to the peoples of the world," Minister Grange adds.

"Justified," that is how Headline Entertainment's Jerome Hamilton describes Buju's win. Hamilton continues: "Even if it is not for this album, which is a good product, but for volume of his work over the years and his contribution to reggae. Buju has reached a benchmark as a deejay with his sustained international success and recognition such as this is truly long overdue," he said.

US-based Jamaican broadcast journalist Clinton Lindsay also added his comments to the news of Buju's win, noting that he was not surprised based on the other nominees in the Best Reggae Album category. "Like many others, I am not at all happy with the way the nomination was done. But once the final five nominees were announced, it was clear to me that Buju Banton's Before the Dawn was the best of the lot. From that moment I have been predicting it would win. During my interview with him for his concert January 16, I also told him he would win. As of early Sunday afternoon I posted my prediction on Facebook. Congratulations Buju and good luck in proving your innocence," Lindsay said.

UWI lecturer, Dr Donna Hope Marquis sees the Buju win as a plus for Jamaican popular music. "I was hoping and praying that Buju would get this year's Reggae Grammy Award and am really delighted at this, his first-ever Grammy Award after so many years of excellent music. It is another positive step forward for Jamaican popular music generally and it is a most important milestone for Buju Banton, especially with his ongoing trial in the USA. I really believe that this Grammy Award is a signal that Buju is on the last mile of the road and will be home soon. It is a silver lining in a very dark cloud, just Before the Dawn," she concluded.

Legal Troubles Pile Up For Buju

http://jamaica-gleaner.com/gleaner/20110211/lead/lead5.html

Reggae superstar Buju Banton has failed in his renewed attempt to have one of his initial co-defendants, James Mack, testify at his new trial.

That was one of three crushing blows to hit Buju on Wednesday by the United States District Court in the Middle District of Florida.

As was expected, the court dismissed Buju's attempt to have the trial take place with him facing only the two initial charges.

The court also rejected his motion to dismiss newly created transcripts and to use the ones which featured in the first trial.

When he enters the court on Monday morning, Buju, whose real name is Mark Myrie, will now face charges of conspiracy to possess with intent to distribute cocaine, attempting to possess with intent to distribute cocaine, possession of a firearm during the course of a drug-trafficking crime and using a communication facility in the commission of an act constituting a felony.

Mack, who has already pleaded guilty to the charges, had invoked his Fifth Amendment rights and refused to testify at the original trial.

His lawyers subsequently indicated that the position would not change this time around.

But lawyers representing Buju had urged the judge to have Mack in court and have him testify.

Sworn statement

Last August, Mack gave a sworn statement in which he declared that he had never spoken to Buju.

In that statement, Mack also declared that the money and gun found in the car when he was arrested did not come from Buju.

That would be a boost for Buju in his retrial but the court on Wednesday held that, with Mack yet to be sentenced, there was nothing new to prevent him from pleading the Fifth.

In the meantime, the court has modified Buju's bail conditions to allow him to travel to Tampa on Sunday for the trial.

However, the security detail will remain in place and will be responsible for Buju at all times, except when he is the courthouse.

Big blow for Buju - Reggae artiste now to answer four charges

http://www.jamaicaobserver.com/news/Big-blow-for--Buju-_8347046

JAMAICAN reggae artiste Buju Banton will be facing four charges instead of two when he goes on retrial in a US federal court next Monday. Judge James Moody yesterday afternoon dismissed a motion by Banton seeking to have the new indictment thrown out.

"...We are going to trial on Monday on the new charges. That's okay. We are ready," attorney David Oscar Markus told the Observer yesterday.

The four-time Grammy nominated artiste whose real name is Mark Myrie, had originally been tried last September on charges of conspiracy to possess with intent to distribute cocaine, and aiding and abetting the possession of a firearm during a drug-trafficking offence.

Banton will now be tried for:

* 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 prosecution had secured the new indictment with an additional two counts last November after Banton's first trial ended with a hung jury in September.

Banton is to be tried in the Sam M Gibbons Federal Court in Tampa, Florida. If convicted, he faces up to 20 years' imprisonment.

Banton was arrested in December 2009 as part of a sting operation following the arrests of two men, Ian Thomas and James Mack, in Florida and was slapped with the drug and weapon charges. The men, who pleaded guilty to the charges last year are expected to testify during Banton's second trial. They did not participate in the previous trial.

The second trial was to have started last December but was postponed so Banton, who is on US$250,000 bail and is subjected to house arrest, could spend time with his family.

Buju's Fingers Still Crossed

http://jamaica-gleaner.com/gleaner/20110203/lead/lead4.html

Arthur Hall, Senior Staff Reporter

Lawyers representing dancehall star Mark 'Buju Banton' Myrie have confirmed a Gleaner report that United States District judge James Moody has ruled against a motion seeking to dismiss new charges against him.

The ruling - Document 232 - was filed in the court on January 26, and rejects one of two motions filed by Buju's lawyers as they seek to get the additional charges dismissed.

But the defence attorneys yesterday told The Gleaner that they remain hopeful that Buju will be retried on only two charges despite the court's rejection of a motion for the new charges to be dismissed for vindictiveness.

Buju's lead attorney, David Marcus, yesterday noted that the United States District Court in the Middle District of Florida, Tampa Division, is yet to rule on a second motion to dismiss the superseding indictment which contains the new charges.

That second motion argues that the new charges were multiplicitous and in violation of the double-jeopardy clause.

"One motion has nothing to do with the other. And the denial of the one motion hasn't affected our confidence at all," Marcus told The Gleaneryesterday.

"We are looking forward to a jury trial," said Marcus, who remains upbeat as he approaches the February 14 start of Buju's retrial.

In the January 26 ruling, Moody accepted the prosecution's claim that "as long as the prosecutor has probable cause to believe the accused has committed a crime, the courts have no authority to interfere with a prosecutor's decision to prosecute".

But Marcus is still pinning his hope on the ruling on the second motion.

Additional charges

If that motion is also dismissed, Buju will be tried on charges of conspiracy to possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine and attempting to possess five kilograms or more of cocaine.

He will also be tried on a charge of knowingly and intentionally possessing a firearm in furtherance of and during the course of a drug-trafficking crime.

The other charge which Buju could face is that he knowingly and intentionally aided and abetted others in using a communication facility in the commission of a felony.

Buju had originally been tried on charges of conspiracy to possess with intent to distribute cocaine, and aiding and abetting the possession of a firearm during a drug-trafficking offence.

That trial ended in a hung jury.

arthur.hall@gleanerjm.com