Buju Banton: Teenage Sensation to Convicted Warrior (Onstage TV 45min documentary)

Onstage TV is a Jamaican entertainment news and current affairs channel based in Kingston covering the spectrum of Jamaican/Caribbean happenings worldwide. Its where in-dept stories that delve into the lifestyles, successes and failures of Reggae/Dancehall celebrities are told.

Here is their story on Buju Banton. Published May 20, 2015



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

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

Special Prosecutor Appointed to Investigate Rogue Juror in Buju Case

Ever since Buju Banton, one of Jamaica's most talented and controversial reggae singers, was convicted of cocaine trafficking and gun charges in 2011, there have been signs his trial was not on the up-and-up.

You may recall he was sentenced to ten years and lingers in federal lockup. That sentence was allowed to stand even though New Times first disclosed in 2012 that the jury forewoman, Terri Wright, had conducted outside research while the trial was ongoing. That's a violation of court procedures, so 19 months ago, a federal judge ordered the U.S. government to bring criminal contempt charges against Wright.

Virtually nothing happened. But now there's movement. A special prosecutor from outside the U.S. Department of Justice has been tasked with leading the case against the rogue juror and plans to meet with Banton's legal team, Wright, and the feds.

Though no one on the government end is talking much, the appointment of a special prosecutor in such a situation is significant. Such prosecutors are typically reserved for investigating government officials.

So is there a wider probe into potential misconduct that could move Banton a step closer to freedom?

"I hope," says defense attorney Charles Ogletree, who heads Harvard Law School's Institute for Race and Justice. He has been representing Banton (real name Mark Myrie) for the past year. "Here we have a wildcat juror, somebody who's going way beyond their authority and doing things that were completely inappropriate. This undermined the search for truth, which resulted, I think, in the conviction of [Banton]."

Wright's misdeeds extend far beyond doing internet research during the trial. She appears to have lied on several occasions, including during jury selection for Banton's trial, when she told the court she had served in only one previous trial. In reality she had served in seven.

Moreover, when the judge ordered Wright to turn over her computer for forensic analysis, Wright submitted a bogus hard drive. It was in the wake of this deception that the judge called for the contempt charges.

Lost in all of this mess is that Banton remains locked up. It has been six years since he was arrested. He has been through two trials -- the first ended in a hung jury and the second was corrupted by Wright. He has served more jail time than the men who were actually at the scene of the crime with stacks of cash and a gun trying to buy cocaine. (He was far away when the bust happened.)

The criminal informant who built the case against Buju had been deemed untrustworthy by a previous judge and had financial incentive to bend the truth in favor of the prosecution. One-third of the jurors have even admitted to New Times that they did not want to find the singer guilty on the gun charge, which carries a five-year sentence.

It's the jury forewoman's actions that most disturb Harvard's Ogletree, though. "What Terri Wright did is contrary to everything that anyone knows about jury trials," he says. "Jurors... take an oath, and they need to follow it."

Banton's case remains under review by the 11th Circuit Court of Appeals in Atlanta, where Ogletree recently presented an oral argument centering largely on all the unknowns surrounding Wright. Two weeks ago, the panel requested that all 11 judges of the court review the case. Another hearing is expected this spring.

"We have all the evidence going in our direction," Ogletree says. "We're ready."

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

Source: http://blogs.miaminewtimes.com/riptide/2015/02/buju_banton_case_special_prosecutor_appointed_to_investigate_rogue_juror.php

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

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

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

Feds won't file contempt charge against juror in Jamaican reggae singer's drug trial

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

Buju Banton Weighs His Options

Photo: Riina Asamoa

Reggae superstar Buju Banton is now weighing his options after a Florida federal judge, yesterday, threw out the gun possession charge arising from his drug conviction two years ago.

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

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

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

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 steadfast as 2nd drug trial draws closer

http://www.jamaicaobserver.com/news/Buju-steadfast-as-2nd-drug-trial-draws-closer_8299484

DAVID Oscar Markus, the attorney representing beleaguered Jamaican Reggae icon Buju Banton, has hailed his client's resolve and sense of purpose during his times of trouble.

Banton, registered at birth as Mark Anthony Myrie, was arrested and jailed by Florida police in December 2009 on drug-related charges. He spent 11 months in the Pinellas County Jail and is set to face another trial next month for conspiracy to possess, with intent to distribute five or more kilogrammes of cocaine, and facilitating the use of a firearm in committing a crime.

But Markus said the experience has brought out the best in the four-time Grammy-nominated Reggae artiste, as lesser mortals would have crumbled under the pressure which Banton has endured.

"The reason Buju hasn't crumbled is because he is innocent and is a man of faith. He has told me many times that he'd rather serve 15 years than admitting to something he didn't do. Of course, we plan on winning, so he won't have to serve another day," Markus told the Sunday Observer.

Last week, Markus served a motion to dismiss a superseding indictment filed by prosecutor James Preston, which added two charges of attempted possession of cocaine, facilitating a cocaine conspiracy by aiding and abetting others using a telephone, and possessing and carrying a firearm.

Markus argued in his motion that the additional charges were filed out of sheer vindictiveness on the part of the United States Government.

"Due process prohibits prosecutors from acting vindictively when exercising their discretion either to bring charges in the first instance, or to supersede existing charges with more onerous ones," the motion states.

Both defence and prosecution are awaiting the court's ruling on the matter and to also find out which date in February the artiste's second trial will get underway.

If found guilty, Banton could be sentenced for up to 20 years in a federal prison. His assets could also be seized by the United States Government.

In September, Myrie's first trial ended in a mistrial after a 12-member panel of jurors failed to come to a unanimous decision as to his innocence or guilt.

He was granted bail soon after and the Federal Court granted him permission to perform at a concert to raise funds to pay his legal bills.

The first trial reportedly cost Myrie US$450,000.

The concert, dubbed "Before The Dawn — Buju Banton and Friends", was held at the Bayfront Park Amphitheatre at Biscayne Boulevard, downtown Miami last Sunday and attracted about 10,000 patrons, some of whom expressed hope that Banton would overcome his legal woes which have stalled his career for over a year.

Dorrett Williams, a resident of West Palm Beach, a Florida city which is about an hour's drive from downtown Miami, wished that the artiste could come through unscathed.

"I have known Buju since he was a child living on Barbican Road. We were neighbours and we used to call him 'Blacka'. I am silently hoping and praying that he will be found not guilty so he can take up where he left off and keep entertaining us as only he can," Williams said.

Fellow reggae artiste Everton Blender was also full of hope that the artiste would be found not guilty.

"Everyone makes mistakes, and it is times like these that we need moral support. Buju is a good man and that is why I have come to perform here without charging. He needs all the support he can get," Blender told reporters after his performance on Sunday.

During his performance, Banton was obviously relieved that he was no longer locked away. His already thin frame seemed to have lost a few pounds, but he never showed any wear and tear as he put on an energetic two-hour performance.

He has consistently maintained his innocence and took time out from his set to take a jab at his accusers.

"Why do they want to see Buju cry? Is it because of Boom Bye Bye? Is it because I say Selassie I? Is it because I am black and not shy?" he belted out, much to the approval of his adoring fans.

At another juncture, he sang, "Babylon lock me inna jail and don't want gimme no bail. Like a me name Josey Wale."

The artiste has been under constant pressure from the international gay community for a single he released in the infancy of his career entitled Boom Bye Bye. The song hits out at the gay lifestyle and caused homosexual activists to dub the song 'murder music'. The tune has sparked numerous demonstrations by members of that community at his concerts in North America and Europe,

He has not performed the song on stage for more than a decade and had attended a meeting with members of the United States gay community in 2009, in a bid to mend fences.

However, the move has failed to appease gay lobbyists, who have protested his Grammy nominations and sought to have him banned from performing at venues in Europe and North America, two continents where he rakes in a substantial portion of his earnings from live appearances.

A Haitian national who lives in Miami and gave his name only as Francois, was certain that Banton was set up by gays, who he feels will go to any length to see the Jamaican's career on the dump heap.

"I strongly believe that he was set up by gays. He certainly does not need drug money to survive and everybody knows they hate his guts," Francios said.

Surprisingly there was no gay protest at the concert on Sunday.