Showing posts with label appeal. Show all posts
Showing posts with label appeal. Show all posts

May 22, 2015

Buju to serve full sentence - pressured into an agreement


Rosemary Duncan, coordinator of the three-member Buju Banton Defense Support Committee, says the incarcerated reggae artiste was "pressured into an agreement" to drop any further appeals.

Buju Banton (given name Mark Myrie) is currently serving a mandatory 10-year sentence in a Georgia correctional facility on cocaine charges.

Last Thursday, the reggae singer said he would be halting any further appeals, while the US Attorney Office announced it would be dismissing firearms charge against the singer.

"The court had thrown out the gun charge twice. However, the prosecution still had the option of pursuing a new trial ... and if convicted, he would get an additional five years," the St Lucian-born, US-based Duncan told the Jamaica Observer.

Buju Banton -- who was arrested in 2009 -- was convicted in February 2011. He is scheduled to be deported to Jamaica in 2019.

The support committee coordinator said the decision to discontinue the appeals came from the artiste himself.

"It was his own decision, based on his own analysis. He realised that every time there is hope, the court would say something else. He said he's done 5 1/2 years and could do 3 1/2 years more. It had nothing [to do] with legal cost, as he always paid his lawyers," she explained.

The entertainer's legal team comprises Harvard professor Charles Ogletree and Max Stern.

In January, Ogletree told the Observer he would be pulling out all the stops to free his client.

"We will be fighting for Buju Banton's freedom. We will present our arguments for a reversal of his conviction to the entire court in an en banc hearing later this spring," he said.

Duncan, who said the support group was formed in 2011 to champion Buju Banton's cause, said despite the decision, he remains positive.

"I spoke with him today. He's the same person, in terms of spirit. He's writing great music for his fans," she said.

Days after his 2011 conviction, Buju Banton won a Grammy Award for his album Before Dawn. His other albums include 'Til Shiloh (1995), Inna Heights (1997) and Unchained Spirit (2000).

See also:  http://bujutrial.blogspot.fi/2012/02/buju-banton-is-innocent-full-story.html

Source: http://www.jamaicaobserver.com/entertainment/-Buju-was-pressured-_18974265

Feb 1, 2015

Unchained spirit


Despite Wednesday's unsuccessful bid, Professor Charles Ogletree -- part of reggae singer Buju Banton's legal team -- is vowing to continue the fight to have his client's conviction reversed.

"We will be fighting for Buju Banton's freedom," said Olgetree, a professor at Harvard Law School, in a written response to the Jamaica Observer's queries.

On Wednesday, a United States Appeal Court dismissed the request to have the reggae artiste's conviction overturned to secure a new trial. But Ogletree, who, along with Max Stern comprise Buju Banton's legal team, is undaunted.

"We have not lost the appeal. The 11th Circuit made it clear that the entire Appellate Court should hear his case. We will present our arguments for a reversal of his conviction to the entire Court in an En Banc hearing later this spring," he said.

Buju Banton, whose given name is Mark Myrie, is currently serving a mandatory 10-year prison sentence for a charge of conspiracy to distribute cocaine. The 41-year-old is scheduled to be released in 2019. He has filed a motion requesting an early release under new federal drug sentencing guidelines.

He was convicted in February 2011, days after winning a Grammy award for his album, Before the Dawn. His other albums include 'Til Shiloh (1995), Inna Heights (1997) and Unchained Spirit (2000).

"We are grateful to the people of Jamaica and around the world who have been steadfast in fighting for justice for Buju Banton!," Ogletree concluded.

Source: http://www.jamaicaobserver.com/entertainment/UNCHAINED-SPIRIT_18275350

Jan 23, 2015

No New Trial For Buju


Grammy award-winning Jamaican reggae artiste Buju Banton has lost his appeal to have his conviction overturned to secure a new trial.

With this ruling, that was handed down in a Florida court earlier this week, Buju Banton, whose given name is Mark Myrie, will continue to serve his 10-year prison sentence.

He is currently serving a mandatory sentence for his conviction on a charge of conspiracy to distribute cocaine.

Buju is scheduled to be released in 2019, however he filed his own motion from prison asking to be released early under a recent change in federal drug sentencing guidelines.

He was convicted in February 2011, days after he won a Grammy award for his album, “Before the Dawn.”

Source: http://www.jamaicaobserver.com/latestnews/No-new-trial-for-Buju

Sep 9, 2014

Buju Banton could walk free this year says Attorney Charles Ogletree


Could Buju Banton hit the streets before the end of his ten year prison sentence?

LISTEN to audio of interview with Attorney Charles Ogletree: http://www.iriefm.net/news/music/buju-banton-could-walk-free-year-says-attorney

Well, the Gargamel’s attorney, Charles Ogletree tells W.T.S that the dancehall deejay could be out this year. Attorney Ogletree who expresses his happiness with the latest developments surrounding the case, says if the conviction is reversed, Buju could be out this year.

The US Appeals Court has granted the deejay’s request to present oral arguments regarding his efforts to obtain a new trial. However, no date has yet been set for the lawyers to appear before the Appeal Court.

Buju Banton is serving a 10-year sentence on drug-related charges after he was arrested at his South Florida home in December 2009 and charged with conspiracy to distribute five or more kilos of cocaine.

After two trials he was sentenced in a Tampa, Florida court.

Buju Banton has maintained his innocence and says he was entrapped by the United States government.

Source: http://www.iriefm.net/news/music/buju-banton-could-walk-free-year-says-attorney


Aug 21, 2014

Buju Banton May Get Chance To Go Free



Buju Banton was convicted in 2011 of a conspiracy to traffic cocaine, but now the husky voiced reggae star could have a chance to go free.

A lawyer for Banton said this week that a U.S. federal appellate court has agreed to hear arguments for an appeal.

“Mr. Buju Banton was pleased to learn that the 11th Circuit granted a new hearing of his appeal. We too are looking forward to the appellate argument,” said Charles Ogletree, a Harvard University law professor who took over Banton’s case in February.

Banton was convicted and sentenced to ten years for cocaine trafficking after he was arrested in a sting operation in 2009. After his first trial in 2010 ended with jurors deadlocked, Buju Banton was convicted in a re-trial the next year.

A jury convicted Banton on counts of “conspiracy to possess with the intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking offense and using a telephone to facilitate a drug trafficking offense.”

Banton’s former lawyer had claimed that a government information entrapped the reggae star, though a panel of the appellate court denied the arguments in 2012 and upheld the conviction.

Buju Banton is seen as a trailblazer in the reggae-rap hybrid between dancehall reggae and traditional reggae.

At his sentencing, Banton called on a number of celebrities to speak in his favor, including Jamaican government officials, fellow reggae stars, and even an NBA player. Actor Danny Glover was one of those who spoke in support of Banton, calling him a”role model, philanthropist and spiritual leader in the community.”

“Your honor, Mark Myrie is not a drug dealer,” Glover wrote, using Banton’s given name. “Society would not benefit from his incarceration.”

It was not clear when Buju Banton could have a hearing for an appeal, or when a re-trail might take place.


Feb 21, 2014

Buju files another appeal



Incarcerated reggae star Buju Banton has filed yet another appeal in the United States to reverse his conviction on drug charges.

The appeal by attorneys Professor Charles Ogletree, Jack Cushman and Max Stern was filed with the 11th US Circuit Court on February 4.

Ogletree, who is the head of the law department at Harvard University, said he accepted the offer to represent Banton -- whose real name is Mark Myrie -- because it was clear that he did not receive a fair trial.

"There is no way in the world he received a fair trial," Ogletree told the Jamaica Observer yesterday.

After two trials, Banton was sentenced to 10 years in a Tampa, Florida, court for drug-related offences. However, information later emerged that jury foreman Teri Wright had defied an order from Judge Tim Moody and had studied aspects of the Pinkerton Law and Banton's music.

The Pinkerton Law was used by the prosecution to convict Banton for using a telephone to facilitate a drug-trafficking offence.

The information came to light after Wright admitted her misconduct to a reporter. Wright was then ordered by the court to hand over a computer she had used to study the law, but instead handed over another computer. A computer forensics expert hired by Banton later proved that the hard drive on the computer had not been used for a number of years.

According to Ogletree, although the appeal had been filed, it would take months before the case is heard by the appellate court's judges.

"It's hard to tell; we have called for a continuance and the government will call for a continuance. However, I hope to get it before the court before the end of 2014," he said.

As an inmate in the care of the state, the federal Bureau of Prison can house Banton in any penal facility of their choice and Ogletree said a move was afoot to remove him from the low-security FCI Miami prison to another location.

"We have filed in the court to get him to stay in Miami," he said.

He said despite his travails, Myrie has remained upbeat and is looking forward to his appeal being heard.

"He is very positive. I speak to him every other day. He read the brief and is happy with it. He is glad that the truth is being told about him," he said.

Buju Banton was arrested in December 2009 at his Tamarac, Florida, home and charged with conspiracy to distribute five or more kilogrammes of cocaine. His arrest followed a sting operation at a Drug Enforcement Agency (DEA)-controlled warehouse in Tampa, which also resulted in the arrest of James Mack and Ian Thomas, who were attempting to purchase cocaine from undercover agents.

Banton has maintained his innocence and claimed he was entrapped by government informant Alexander Thomas, who hounded him for months to get involved in drug smuggling.

Source: http://www.jamaicaobserver.com/news/Buju-again-appeals-drug-conviction_16105414

Jun 25, 2012

Buju 'crushed' by appeal decision, may seek new trial


A somber mood persists within the camp of incarcerated Dancehall/Reggae megastar, Buju Banton a day after an appeal on behalf of the Grammy-winning entertainer was dismissed.


On Thursday, the United States Court of Appeal for the 11th Circuit upheld Buju Banton's conviction on drug charges in February of last year and subsequent 10 year sentence regarding said charges last June. In its ruling, the Atlanta-based Circuit Court agreed with the jury's decision to convict Buju Banton of three charges, including conspiracy to distribute cocaine and aiding and abetting a person's use of a telephone to facilitate a drug crime.

As a result, Buju's camp was left in shock and according to the artiste's lead attorney, David Oscar Markus, the Untold Stories singer is heartbroken by the decision.

“I called him (Buju) and told him about the decision. He, like me, was heartbroken. He couldn’t believe it,” Markus told the Jamaica Observer.

"He believes that we were right and would win."

Markus now calls upon Buju's legions of fans worldwide to support the highly regarded Reggae superstar in this most difficult of times.

“He’s been strong for a long while, but this is a big blow for him,” he said.

The game plan for Buju Banton and his legal team could consist of an application for a new trial, which would be the artiste's third since his initial arrest in December 2009.

“I truly believe that a good man is in jail for talking a big game. I will continue to fight for him,” Markus said.

During yesterday's proceedings, the Circuit Court rejected Buju's arguments that the government had violated a constitutional right, the Speedy Trial Act as well as claims that he had been improperly entrapped by U.S. government informant, Alex Johnson. Additionally, they did not consider Buju's application for a new trial; a matter they insisted should be deal with in District Court.

Meanwhile, The panel of three judges at yesterday's hearing agreed with the jury's conviction of the entertainer on a gun possession charge; a charge that was initially thrown out by the trial judge.

Source: http://www.examiner.com/article/buju-crushed-by-appeal-decision-may-seek-new-trial


Mar 10, 2012

Singer Buju Banton questions US evidence in appeal


MIAMI — Grammy-winning reggae star Buju Banton says the U.S. government is misrepresenting the facts in his case.

Banton, whose real name is Mark Myrie, is appealing his 2011 conviction on cocaine conspiracy and trafficking charges. In court documents filed last month in Atlanta's federal appeals court, federal prosecutors said the evidence, including audio and video recordings of Banton's words and actions, revealed that the singer "eagerly brokered" a drug deal between a friend and undercover government agents.

In a reply filed Friday, defense attorney David O. Markus says the government's response omitted critical details from those recordings and from testimony during Banton's trial by a federal informant and other witnesses.

Markus says the informant relentlessly pursued Banton, resulting in improper entrapment.

Banton is serving a 10-year prison sentence.

Source: http://www.bradenton.com/2012/03/10/3930348/singer-buju-banton-questions-us.html#storylink=cpy

Feb 13, 2012

US government responds to Buju Banton's appeal

MIAMI -- The U.S. government says plenty of evidence supports a federal jury's conviction of Jamaican reggae star Buju Banton on cocaine conspiracy and trafficking charges.

Banton is appealing the February 2011 conviction. Defense attorney David O. Markus says his client was relentlessly pursued by a government informant, resulting in improper entrapment.

Federal prosecutors filed their response Friday in Atlanta's 11th U.S. Circuit Court of Appeals.

The prosecutors say Banton's words and actions, in tape-recorded conversations and a videotaped meeting in a Sarasota warehouse where Banton tasted some cocaine, revealed that the singer "eagerly brokered" a drug deal between a friend and undercover government agents.

They also asked the appeals court to reverse a judge's decision to toss a related gun charge.

Banton is serving a 10-year prison sentence in Florida.


Source: http://www.miamiherald.com/2012/02/13/2639170/us-government-responds-to-buju.html

Feb 6, 2012

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

Dec 17, 2011

Buju Banton Appeal Brief Filed




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


The Appeal itself is broken down into three main arguments:

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

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

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

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

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


Buju Banton’s lawyers file appeal



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

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

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

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

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

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

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

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

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


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

Jul 8, 2011

Buju Banton begins appeal

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

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

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

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

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

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

18-month wait

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

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

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



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

Jun 12, 2011

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

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

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

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

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


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

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

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

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

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

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

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

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

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

Feb 23, 2011

BONDAGE! - Buju faces 15 to life after guilty verdict

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


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

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

Feb 22, 2011

Buju 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.