TAMPA, Florida
Federal prosecutors in Tampa won't file a criminal contempt charge against a juror in Jamaican reggae singer Buju Banton's 2011 drug trafficking trial.
U.S. District Judge James Moody said in June that jury foreman Terri Wright should face charges for doing independent research into the case during trial.
In court documents filed Wednesday, prosecutors said they planned to oppose Banton's latest appeal and could not prosecute Wright simultaneously. They suggested that the court appoint another prosecutor to pursue charges against Wright.
Banton is serving a 10-year sentence for convictions on cocaine conspiracy and trafficking charges stemming from a 2009 arrest.
Banton's attorneys have sought to withdraw from the case. Chokwe Lumumba was elected mayor of Jackson, Miss., last month, and Imhotep Alkebu-lan became special assistant to that city's attorney.
Source: http://www.wptv.com/dpp/news/state/buju-banton-feds-wont-file-contempt-charge-against-juror-in-jamaican-reggae-singers-drug-trial
Showing posts with label judge. Show all posts
Showing posts with label judge. Show all posts
Aug 4, 2013
Jul 25, 2013
Reggae star Buju Banton's attorneys want to leave case
TAMPA — Reggae star Buju Banton's attorneys want to quit representing him in the appeal of a federal drug case.
Attorney Chokwe Lumumba was elected mayor of Jackson, Miss., this summer. Attorney Imhotep Alkebu-lan became special assistant to Jackson's city attorney.
The two filed a motion Wednesday in U.S. District Court, asking to withdraw and stating that their new duties "will prevent them from representing him in future proceedings."
Their vigorous defense of Banton won a dismissal of a gun charge in June and left Tampa juror Terri Wright facing a possible misconduct charge for researching the case during trial.
Banton, born Mark Anthony Myrie, is serving a 10-year prison sentence for helping set up a deal to buy and sell 11 pounds of cocaine. His attorneys wanted U.S. District Judge James S. Moody Jr. to order a new trial. Instead, Moody set aside a conviction on a gun charge, reasoning that it might have been affected by Wright's research.
The two defense attorneys also withdrew last week from a murder trial that was supposed to have begun Monday in Oktibbeha County, Miss. The Starkville Daily News in Mississippi reported Saturday that Lumumba first cited mayoral duties in attempting to leave the murder trial. When a judge declined, Lumumba presented documents relating to a health matter, and the defense team's withdrawal was allowed, the account said. In the Tampa case involving Banton, the motion to withdraw has been referred to Magistrate Judge Thomas G. Wilson.
It states that Banton has retained other counsel.
Source: http://www.tampabay.com/news/courts/criminal/reggae-star-buju-bantons-attorneys-want-to-leave-case/2132985
Their vigorous defense of Banton won a dismissal of a gun charge in June and left Tampa juror Terri Wright facing a possible misconduct charge for researching the case during trial.
Banton, born Mark Anthony Myrie, is serving a 10-year prison sentence for helping set up a deal to buy and sell 11 pounds of cocaine. His attorneys wanted U.S. District Judge James S. Moody Jr. to order a new trial. Instead, Moody set aside a conviction on a gun charge, reasoning that it might have been affected by Wright's research.
The two defense attorneys also withdrew last week from a murder trial that was supposed to have begun Monday in Oktibbeha County, Miss. The Starkville Daily News in Mississippi reported Saturday that Lumumba first cited mayoral duties in attempting to leave the murder trial. When a judge declined, Lumumba presented documents relating to a health matter, and the defense team's withdrawal was allowed, the account said. In the Tampa case involving Banton, the motion to withdraw has been referred to Magistrate Judge Thomas G. Wilson.
It states that Banton has retained other counsel.
Source: http://www.tampabay.com/news/courts/criminal/reggae-star-buju-bantons-attorneys-want-to-leave-case/2132985
Jun 28, 2013
Buju Banton Weighs His Options
| Photo: Riina Asamoa |
However, Imhotep Alkebu-Lan, co-counsellor for the embattled reggae star, real name Mark Myrie told media Buju has 14 days to decide his next move.
Buju was in court seeking a new trial based on allegations that jury fore-woman Teri Wright violated the judge's orders in his February 2011 drug trial.
US District Court Judge, James S. Moody Jr, allowed Buju's conviction to stand but threw out the gun conviction which would have given the artiste an additional five years in prison.
"He (Buju) is now in the deliberation phase and is weighing his options to decide his next move," said Alkebu-Lan.
Moody also instructed prosecutors to bring contempt charges against Wright after accepting she did independent research and also provided the court with an incorrect hard drive for examination.
Compromised decision
The judge found that Wright discussed her findings from the independent research with other jurors, but that it was not possible to say if that had influenced the jury's decisions.
This information came to light after she did a newspaper interview in October 2012.
A computer forensics expert later testified that the hard drive that Wright submitted came from a desktop computer that sat idle from May 2010 to June 2011, a time frame that included the trial and its aftermath.
If found guilty, Wright could face fines and up to six months in prison.
Alkebu-Lan said Banton and his team had 14 days to make an appeal, whilst the prosecutors had 30
Source: http://jamaica-gleaner.com/gleaner/20130627/ent/ent2.html
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May 8, 2013
Buju Banton Returns To Court On June 26
Incarcerated reggae star Buju Banton will have his day in court on June 26, 2013.
Federal Judge James Moody Jr. has ordered the Grammy-winning singer, as well as, embattled juror Teri Wright to appeared in court on the same day in relation to the ongoing juror misconduct case.
Buju Banton and his legal team, headed by Chokwe Lumumba, are requesting a new trial on the grounds of a juror misconduct.
Teri Wright, who helped put Buju Banton behind bars for 10 years, told a South Florida journalist last year that she researched aspects of the case during the trial.
However, a massive dent was dealt to Buju Banton case against the juror last month when a computer expert found no trace of research on her computer hard drive.
Banton’s lawyers, however, said she turned over the wrong hard drive.
Buju Banton, real name Mark Myrie, is currently serving a 10-year sentence in a Florida prison after being convicted for drug trafficking. He is also facing an additional five years for a gun charge that was previously thrown out.
Judge James Moody is expected to hand down a ruling on June 26.
Source: http://urbanislandz.com/2013/04/18/buju-banton-returns-to-court-on-june-26/
Apr 5, 2013
Buju gets another lifeline
REGGAE artiste Buju Banton was handed another lifeline yesterday after it was revealed that embattled juror Teri Wright had submitted the wrong computer hard drive for examination by a computer forensic expert hired by him to examine if she had studied aspects of the law involving his drug traffick-ing case during his second trial in February 2011.
Banton's attorney Kwame Lumumba told the Jamaica Observer yesterday that Wright had indicated to the court, during an earlier sitting, that she had used a laptop computer, but the expert had found that she in fact submitted the hard drive for an old desktop computer.
"Her attorney stated in court that she surrendered the hard drive of a laptop computer. She said she did research on the case three weeks after the trial. The expert found no evidence that she did any research at all on that hard drive and found that it was not the hard drive of a laptop but the hard drive of a desktop. We are of the firm opinion that she did not submit the hard drive for a laptop computer," Lumumba said.
Wright had reportedly told a reporter that she studied aspects of the Pinkerton Law which was used to convict Banton on a firearm charge.
He faces an additional five years after an Appeals Court threw out a motion to have his sentence overturned.
He also pointed to other inconsistencies in Wright's statements during jury selection for the trial.
"It was also revealed that she had served on seven juries, but she said she only served on one jury in a civil matter. She is a seasoned juror. If his lawyer (who was then David Markus) had known that, she would have been rejected. She changed the syntax of her statement because at first she said she served on juries then changed and said jury. It was very misleading," said the lawyer.
The revelation has prompted Lumumba to file a motion asking US Judge James Moody to make a ruling that Wright had violated his orders.
If the court rules in favour of Banton, it would open the way for a new trial for the entertainer who is serving a 10-year sentence after being found guilty of drug-related charges. He is currently languishing in the Pinellas County Jail in Tampa, Florida until the matter is sorted out by the US Sam Gibbons Court in the same city.
"A new trial, that is what we are asking for," said Banton's lawyer.
Lumumba said the ruling could be handed down in two weeks as his client has been incarcerated and was uncertain of his future.
Banton, whose real name is Mark Myrie, would then undergo a third trial to prove his innocence and if he is successful he could seek damages for wrongful imprisonment and loss of earnings. He could also argue that his right to travel to the United States and work, which has been taken away by the US authorities, be reinstated.
"If we are successful it does raise certain questions if he will pursue a civil suit," he said.
The Jamaican entertainer was arrested at his Tamarac, South Florida home in December 2009 after US Drug Enforcement Agents arrested two men — James Mack and Ian Thomas — in a government-controlled warehouse in Tampa as they attempted to purchase a large quantity of cocaine from undercover police.
Source: http://www.jamaicaobserver.com/news/Buju-gets-another-lifeline_13999170#ixzz2PawanxI2
Feb 21, 2013
Judge to order search of former juror's hard drive in Buju Banton case
A Florida federal judge is to order a juror to hand over her computer hard drive for a forensic search by an expert as international reggae star Buju Banton seeks a new trial.
The matter came up in court yesterday. According to the Tampa Bay Times, US District Court Judge James Moody said he would allow a defense computer forensics expert to make a copy of the hard drive belonging to Terri Wright, who was the jury foreman at the trial.
Buju’s attorneys are accusing Wright of violating court rules when she alleged researched information on the Jamaican entertainer during the trial. The judge reportedly ordered that the expert could only release information about the alleged research to attorneys and that all other material should be kept private.
Wright has denied the allegation saying she conducted research only after the case had ended. Buju’s attorneys want his 2011 drug conviction to be overturned and a retrial ordered. Buju, whose real name is Mark Myrie, is serving a 10-year prison term on his drug conviction.
Source: http://go-jamaica.com/news/read_article.php?id=42991
Source: http://go-jamaica.com/news/read_article.php?id=42991
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