Buju Banton's Attorney: "We Had Ten Really Good Issues for the Appeal"

​The Department of Justice should have filed a response to Buju Banton's appeal on Friday, but as has been the government's style throughout the more than two-year-long saga, it's dragging its heels.

Now federal prosecutors have until February 10 to counter arguments made in the hulking, 17,000-word appeal.
"We had ten really good issues for the appeal, literally ten," Markus said in a recent interview with New Times. "If you raise ten issues, I think it takes away from the central issues in the case. So we decided to keep it to our three best."

Among the core issues of the appeal, which Markus filed at the end of December, are whether a shady confidential informant entrapped the reggae artist and whether Banton was denied his constitutional right to a speedy trial.

Buju's appeal raises several other concerns, including that the government has been vindictive in its pursuit of a conviction.

A Tampa jury found Buju guilty of three counts in February 2010, including possession of a gun.

The gun in question was hidden in the car of James Mack, a man Buju had never met or spoken with. But, as previously discussed on this blog, Judge James Moody tossed the gun charge because Buju was hundreds of miles away from the drug deal and had no way of knowing that Mack decided to pack heat for his drive from Georgia to a Sarasota warehouse, where he attempted to buy several kilos.

The government, however, filed a cross-notice of appeal, which allows it to challenge Moody's decision to toss out the gun charge.

It has not yet been determined if the governemnt will actually challenge Moody's decision, but doing so would only seem to bolster Markus' argument of vindictiveness.

Markus and his team will get one last chance to respond after the DOJ submits its response in February.

The United States Court of Appeals Eleventh Circuit in Atlanta will be tasked with reviewing and ruling on the appeal.

Source: http://blogs.browardpalmbeach.com/pulp/2012/01/buju_banton_appeal.php

Top 10: The Best of Buju Banton

Buju Banton has captured the masses with his many songs offering hope towards a better future Credit: thewickedesttime.com

An icon of his generation and a spokesman of positivity through his music, Buju Banton made an art form out of making hit songs that sparked deep thought and strong emotions.

In a successful career, spanning parts of three decades, the “Gargamel” became one of Reggae music’s most conscious artistes while also excelling whilst creating more Dancehall oriented material. Though his ten year prison term on drug-related charges may tarnish his image to some, he remains an inspiration to many through his music. Despite the relatively unknown status of his career going forward, given his pending appeal, Buju’s career produced several impactful songs; ten of which still have much significance.

10. Psalm 23 (featuring Gramps Morgan): Rarely do artists exhibit some sort of spiritual identity in a musical world filled with sex, drugs and controversy. However, Buju and Morgan Heritage member, Gramps Morgan defied logic with their Reggae themed remix of Psalm 23. The Reggae/Gospel fusion worked to perfection as it showcased Buju Banton in a more sensual light; representing himself as a visionary with deeply rooted faith in God.  That faith remains publicly evident as, despite his current predicament, he reportedly remains strong and optimistic that he will see the light of day sooner rather than later.


9. Hills and Valleys: Buju Banton also remains renowned for being a freedom fighter; showcasing a more roots-oriented vibe with his hugely popular song, Hills and Valleys in 1997.  Experimenting vocally throughout his successful album that year, Inna Heights, Buju scored with his fans by documenting the struggles of his people in a world that was slowly but surely crumbling. Hills and Valleys kept Buju relevant during the 1990s as he continued to prove his deserved status as Reggae’s most influential star since Bob Marley.

8. I Don’t Know Why (featuring Wayne Wonder): This 90s classic help boost the careers of Buju Banton and Wayne Wonder as it showcased their sensual sides. The scintillating single, also known as Bonafide Love won both artistes countless female fans as it combined rough and tumble vocals with a soothing undertone which Wonder famously produced in the song’s chorus. I Don’t Know Why remains one of the most popular Reggae duets in the 90s and continues to play across events locally.

7. Love Me Browning: Before Buju became known for his social consciousness, the “Gargamel” had a more hardcore sound when he broke onto the Dancehall scene in 1991. Perhaps his first major breakthrough hit was the lady-friendly single, Love Me Browning. The single dominated locally while slowly introducing his scruffy, deep-toned voice to the world. Love Me Browning set the tone for Buju’s careeras he broke the all-time record, previously held by Bob Marley for the most chart-topping songs by a Jamaican artiste in a singular year (1992).

6. Driver: Looking to re-invent himself during the early 2000s, Buju Banton tried to incorporate foreign undertones within his music with songs like Paid Not Played and What I’m Gonna Do (featuring Nadine Sutherland) to little commercial success. However, Buju decided to return to his roots; releasing the controversial, yet successful single, Driver. The Sly and Robbie produced single featured Buju on a rejuvenated, classic Dancehall beat while acting as a drug baron during the accompanying visuals of the video.The song earned Buju mass appeal, several number ones spots on various Reggae charts locally and overseas while firmly re-establishing himself a major force within the genre.

5. Not An Easy Road: Perhaps the song which could most be associated with his current situation, Not An Easy Road spoke strongly to the struggles of everyday life;  relating to several of his fans. The 1995 track was one of several chart-topping singles from his highly popular album, Til Shiloh; motivating his fans to overcome obstacles throughout their daily lives while showing his commitment to pure, conscious Reggae music.

4. Murderer: Buju Banton sang several songs addressing violence, sex and even homophobia; making him popular and notorious simultaneously. However, Buju’s tone quickly changed following the shocking death of his close friend and Dancehall star, Pan Head in 1993. Shaken by his death, Buju dedicated a song to him, entitled Murderer; detailing the ongoing crime problems which plagued Jamaica during that time. His socially aware lyrics quickly garnered mass acclaim. Following the stunning death of another close friend and Reggae superstar, Garnett Silk in 1994, Buju maintained this more conscious vibe; beginning a three year stretch which made him the most in-demand Reggae superstar.

3. Batty Rider – One of Buju’s most raw Dancehall singles came in 1992 with the unleashing of his number one hit, Batty Rider. The song, playing up the popular Dancehall-related fashion at the time, made Buju an adored figure amongst his female fans while building his path to super stardom. The standout single from his second studio album, Mr. Mention, Batty Rider arguably remains his biggest Dancehall song to date as it continues to play across parties and club worldwide.

2. Untold Stories: Riding on horseback throughout the fields, sitting barefoot on a set of steps and a roof top; Buju won the inner city audience with the release of his 1995 single, Untold Stories. Passionately singing about the pain and suffering inner city families go through and those living with rough economic predicaments, Untold Stories made its mark as one of the biggest Reggae songs during the 90s; topping the local Reggae charts while introducing the world to an artiste who care more about being a spokesperson for the helpless that helping his own plight as a Dancehall/Reggae superstar.

1. Destiny: However, Buju’s most popular and most played song to date is a song speaking of hope and ambition. The lead single off his 1997 album, Inna Heights, Destiny spent several weeks on local and overseas Reggae charts at number one while making Buju a household name across various generations. His caring persona was forever etched in the minds of fans with the release of Destiny, which not only stands as one of the greatest Reggae singles in history but also a song of hope for Buju’s fans that one day, he will once again reach his destiny of freedom.

Jodee Brown, Jamaican Pop Culture Examiner
Source: http://www.examiner.com/jamaican-pop-culture-in-national/top-10-the-best-of-buju-banton

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

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.”

Full Appeal: http://www.scribd.com/doc/75871200/Buju-Banton-s-appeal

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.

Source:  http://thisisbujubanton.wordpress.com/2011/12/16/buju-banton-appeal-brief-filed/

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

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

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

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

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

 

Source: http://www.examiner.com/jamaican-pop-culture-in-national/buju-banton-s-release-date-set-for-february-2019

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