Buju gets another date in court

KINGSTON, Jamaica — Reggae artiste Buju Banton has been granted a right to an evidentiary hearing by US magistrate James Moody.

Buju will be taken before the US Sam Gibbons Court in Tampa, Florida on December 20.

The court is to look into an admission by female juror, Terri Wright, that she violated federal regulations and researched aspects of the case over the Internet during the trial in order to have a better grasp of the issues.

Wright said she had secretly researched the Pinkerton Law, which was used by the prosecution to connect Buju to an illegal firearm that was found in the possession of a co-conspirator, James Mack, during a cocaine transaction in a police-controlled warehouse in Tampa.

Along with Wright, three other jurors will appear before the court at the December hearing.
Banton was given a 10-year sentence for drug related charges and missed being slapped with an additional five years on a gun conviction. The recommended for an additional five years by an Appellate Court came after two motions filed by his newly appointed legal team that he should be granted a new trial. The first motion was for the judge to reconsider his prior sentence and reduce it. The second motion was for a new trial based on jury misconduct.

Yesterday lead attorney Chokwe Lumumba told the Jamaica Observer that the ruling was a fillip to his client’s case. “It means we can demonstrate that the juror was guilty of misconduct and they should grant a mistrial,” Lumumba said.


Source: http://www.jamaicaobserver.com/latestnews/Buju-gets-another-day-in-court

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

Buju's retrial set for February 14

http://go-jamaica.com/news/read_article.php?id=26040

Florida, CMC – Jamaican reggae artiste Mark Myrie otherwise known as Buju Banton will face a federal court on February 14 to be retried on drug and gun-related charges. 

The date of the highly anticipated trial was set on Wednesday by Judge James Moody. 

Myrie was last tried in 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. 

However, the 12-member panel of jurors was unable to reach a verdict following three days of deliberations. That trial lasted a little over a week. 

The second trial was scheduled to get underway last December but was postponed so that Myrie, who is on US$250,000 bail and is subjected to house arrest, could spend time with his family. 

It was not immediately clear if Myrie would be tried on the previous charges or the additional charges tacked on by the prosecution in a new indictment, which are being challenged by the entertainer's legal team. Both the prosecution and defence are awaiting a ruling on the matter. 

Should the new indictment stand, Myrie will 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 facilitating a drug-trafficking offence. 

If convicted, he faces up to 20 years' imprisonment. The United States Government would also seek to seize his assets. 

Myrie was arrested in December of 2009 following the arrests of two other men, Ian Thomas and James Mack, who subsequently pleaded guilty to similar charges.

Irie Jam Radio Hosting Buju Banton Tribute Marathon All Day Today!

http://thisisbujubanton.wordpress.com/2010/10/09/irie-jam-radio-hosting-buju-banton-tribute-marathon-all-day-today/

Irie Jam 93.5 FM in collaboration with Gargamel Music, Inc. presents “A Day for Buju Banton” tribute marathon. Listeners in New York can tune in to Irie Jam 93.5 FM today, Saturday, October 9, from 1pm-6pm. Fans outside the Tri-State area can log on to www.iriejamfm.com or www.wvipfm.com.


All day, the Irie Jam family will celebrate the stellar body of work that Jamaican music icon, Buju Banton has delivered to the masses throughout his illustrious 20+ year career. The entertainment industry has also come out in support with Stephen Marley, Gramps Morgan, Wayne Wonder, John Holt and Tarrus Riley all slated to participate in the program.

Buju Banton has been incarcerated since December 10, 2009. He was entrapped by a paid informant. After many postponements, his trial finally commenced on September 20, 2010. On September 27,  a mistrial was declared because the panel of jurors were split and unable to reach a unanimous verdict. The case will be retried in December 2010.

Meanwhile, Banton’s attorney, David Oscar Markus filed a motion for bond that was heard by Magistrate Judge Anthony E. Porcelli on Wednesday, October 6. Judge Porcelli is expected to render his decision next week.

We urge the public to  support Buju Banton’s  new album, a prophetic masterpiece, Before the Dawn by purchasing a copy today. In addition, we encourage everyone to participate in the Buju Banton Letter Writing Campaign to ensure the US government is keenly aware that the public is monitoring this case closely. Please send your letter today and encourage others to do the same !

THE BUJU BANTON DEFENSE FUND has also been reestablished. We are asking supporters to contribute $10 or more to assist in the next battle in Buju’s court proceedings, which will cost upwards of $200,000 USD.

Funds can be wired to:
Markus & Markus, PLLC
(Defense Fund for Buju Banton)

Citibank, N A
Coral Way Branch
1600 Coral Way
Miami, FL 33145
ABA # 266086554
Account # 9118130472

For international wires the Swift Code is CITIUS33.

Buju bail hearing today - Date for December retrial to be set

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

Buju bail hearing today

Date for December retrial to be set 

JAMAICAN Reggae star Buju Banton, will find out today if he will be granted bail by a United States court. Banton has been in custody at the Pinellas County Jail in Tampa, Florida; for almost 10 months after being hauled out of his South Florida home in December last year.

But US prosecutor James Preston, has lodged an objection to the artiste being granted bail and requested that the bail application be flung out of the US Gibbons Court without further hearing.

Myrie is accused of attempting to possess with intent to distribute five or more kilogrammes of cocaine. His two co-defendants James Mack and Ian Thomas have pleaded guilty and are expected to be sentenced next month. Myrie, however has maintained his innocence and has rejected a plea deal arrangement offered to him by US prosecutors.

Mack and Thomas were held in a police controlled warehouse as they attempted to purchase cocaine from undercover drug enforcement agents. Police found a handgun and US$138,000 in a secret compartment of a Honda motorcar Mack was driving. 

A panel of jurors could not agree on a verdict at the end of the artiste's three-day trial last week and a retrial was ordered by the court. The date for the retrial is expected to be announced today. 

His attorney David Oscar Markus, last week filed a motion for his client to be granted bail citing that he was not a flight risk because of his popularity. Markus also said that he would apply for a bond in an Immigration Court if Banton, whose real name is Mark Myrie, was granted bail.

Prosecutor asks court to keep Buju locked up

http://www.jamaicaobserver.com/news/Prosecutor-asks-court-to-keep-Buju-locked-up_8012488

Prosecutor asks court to keep Buju locked up

BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com

Friday, October 01, 2010

TAMPA, USA — If the US Government has its way, Jamaican Reggae superstar Buju Banton will remain behind bars pending the outcome of his retrial in December on cocaine and gun charges.

In documents filed in the Sam M Gibbons Federal Court, James Preston, the Assistant US Attorney for the Middle District of Florida, said that Banton, whose registered name is Mark Myrie, was a flight risk, while urging that a bond motion filed on behalf of the entertainer should be rejected, "without any further hearing".

 Defence attorney David Oscar Markus had on Tuesday filed the motion for bond, a day after Banton's cocaine and gun-possession trial was declared a mistrial because a 12-member panel of jurors was unable to reach a verdict at the end of three days of deliberation.

Among other things, Markus stated in the document that Banton was not a flight risk because of his fame, and that he was only denied bail before his trial that started on Monday, September 20 due to the revocation of his entertainment visa upon his arrest.

Markus stated in his filing that if the federal court were mindful to grant Banton bail, he would also seek bond in the immigration court to prevent his client's deportation so he could face his retrial.

The bail hearing is tentatively set for October 6, at which time a date for the retrial will be agreed.

But in his written objection, Preston charged that Markus failed to give legal support as to why his client should be released pre-trial, and noted that with this second motion for bond, Banton "wholly ignores the previous court order for his detention".

"The motion should therefore be denied," the prosecutor stated in the document.

Preston also rebutted the assumption by Markus that the Jamaican entertainer is not a flight risk because of his notoriety.

He added that Markus, in his motion, had failed to point out that the court had previously found that there were aggravating factors, based on the evidence, for Banton's detention outside of his immigration woes.

"The defendant has presented nothing new, other than a hung jury, for the court's consideration," Preston wrote, while adding, "The defendant again fails to rebut the presumption that no condition or combination of conditions will reasonably assure that the defendant is not a risk of flight."

Banton has been in jail since his arrest last December 10 when he was charged, along with friend Ian Thomas and James Mack, for conspiracy to possess and distribute 5 kilogrammes of cocaine and possession of a firearm during the furtherance of a crime.

Both Thomas and Mack, who were arrested hours before Banton at a warehouse buying the drugs from an undercover agent, have since pleaded guilty and will be sentenced in November.

US gov’t fights Buju bail - Wants artiste’s application struck out

http://www.jamaicaobserver.com/news/US-gov-t-fights-Buju-bail

US gov’t fights Buju bail

Wants artiste’s application struck out

 By PAUL HENRY, Observer staff reporter

TAMPA, Florida — The US government is objecting to the motion for bail filed on behalf of jailed Reggae superstar Buju Banton. The motion filed by Assistant US Attorney James Preston in the Sam M Gibbons federal court here, has said that Banton's attorney has not given any legal support that the entertainer should be released pre-trial.

He said also that Banton “wholly ignored the court’s earlier detention order”.

“The motion should therefore be denied,” the prosecutor states in the document.

Preston also rebutted the assumption by Banton's attorney David Oscar Markus, that the Jamaican entertainer, whose real name is Mark Anthony Myrie, is not a flight risk because of his popularity. As a result, Preston is asking that Banton's motion for bail be struck out without any further hearing.

Markus had on Tuesday filed the motion for bond, a day after Banton’s cocaine and gun possession trial was declared a mistrial because a 12-member jury was unable to reach a verdict at the end of three days of deliberation.

In his motion, Markus said, among other things, that Banton was not a flight risk because of his fame and that he was only denied bail before his trial that started on Monday, September 20, due to the revocation of his entertainment visa. Markus had said that if the court were mindful to grant Banton bail, he would also seek bond in the immigration court to prevent his client's deportation.

But in his filing against the motion, Preston pointed out that Markus failed to point out that the court had previously found that there were aggravating factors for Banton's detention outside of his immigration woes.

The bail hearing is tentatively set for October 6. A date for Banton’s retrial in December is scheduled to be announced on October 6.

Banton has been in jail since his arrest last December when he was charged, along with friend Ian Thomas and James Mack, for conspiracy to possess and distribute five kilogrammes of cocaine and possession of a firearm during the furtherance of a crime.

Both Thomas and Mack, who were arrested hours before Banton at a warehouse buying the drugs from an undercover agent, have since pleaded guilty and will be sentenced in November.