Buju can now take up his bail bond

http://www.jamaicaobserver.com/latestnews/Buju-can-now-take-up-his-bail-bond

Can now spend Christmas with family after prosecution appeal rejected

THE judge in the Buju Banton case has rejected the prosecution's appeal against a previous ruling that approved Banton's hiring of two security companies to ensure he stick to the conditions of his house arrest.

Banton has therefore been cleared to take up his bail bond.

He will stand trial again in February, after his legal team requested a change of date out of a desire for the artiste to spend time with his family this Christmas.

Banton was originally set for retrial in December, after a mistrial was declared in September when jurors failed to reach a unanimous verdict.

"Buju really wants to spend some time with his family before the next trial," lead attorney Oscar David Markus told the Observer. "Hopefully this will give him a little breather before round two."

The motion was granted by United States District Judge James Moody. A specific date for the retrial was not set. After clearing this hurdle, Banton will have to seek bond in the immigration court in order to be released, as his entertainment visa was revoked following his arrest.

Banton, whose real name is Mark Myrie, is accused of conspiring to buy five kilogrammes of cocaine from an undercover officer in Sarasota, Florida. He was arrested last December after the arrest of two other men, Ian Thomas and James Mack, who later pleaded guilty. They will be sentenced this month.

The artiste was charged along with the men for possession of a firearm during the furtherance of a crime. The gun was actually in Mack's possession.

Banton was granted US$250,000 bail last month but wrangling between his legal team and the prosecution is preventing him from taking up the bail, which would see him being placed under immediate house arrest.

As part of the conditions, Banton can only leave home to purchase medication, attend court and see his attorney. Banton will also have to wear an electronic tracking device.

Buju's retrial postponed to February

http://www.jamaicaobserver.com/news/Buju-s-retrial-postponed-to-February

Defence had moved motion against December date

TAMPA, Florida — Reggae singer Buju Banton's retrial in Florida has been pushed back until February. United States District Judge James Moody had said Banton's new trial would be in December, but he granted a defence motion to postpone it.

Moody set the case for his February trial calendar but didn't set a specific date.

Banton, whose real name is Mark Myrie, is accused of conspiring to buy cocaine from an undercover officer in Sarasota. He's been held without bail since his arrest in December. He is now trying to get released from jail pending the retrial.

Banton's attorney says his client wants to spend the holiday season with his family.

Moody declared a mistrial for Banton last month after jurors said they could not reach a verdict.

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

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

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

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

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

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

Disagreement keeps Buju in US jail

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

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

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

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

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

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

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

A retrial is slated for some time in December.

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

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

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

He will have to surrender all his travel documents.

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

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

Bail conditions proposed for reggae star Buju Banton

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

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

---

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

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

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

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

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

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

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

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

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

Buju gets bail

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

But Banton maintains that he is innocent.

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

Below is a copy of the petition:

Attorney General Eric H. Holder

U.S. Department of Justice

950 Pennsylvania Avenue,

NW Washington, DC 20530-0001

Dear Attorney General Holder:

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

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

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

The trial held in September resulted in a hung jury.

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

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

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

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

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

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

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

Sincerely,

An innocent man

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

An innocent man

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

Gordon Robinson

Buju Banton

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

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

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

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


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

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

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


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

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

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


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

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


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

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

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

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

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


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

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

Peace and Love.

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

Wayne Wonder on Irie Jam Radio Oct.9, 2010

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

Buju Banton Letter Writing Campaign

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

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


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

Dear Attorney General Holder:

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

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

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

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

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

Sincerely,