|
Groups: Member
Joined: 4/7/2004 Posts: 651 Points: 2,497
|
I just heard the news, i am in shocks i really didn't believe it would come to this. Be strong buju you will over come.
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
iMAN1: I am also shock ....there could have been some way he was guilty on de scene but innocent due to de set-up to bring him down, worse stereotype of a RastaMan from JAMAICA [THIS MAN IS NOT A DRUG DEALER NOR A DRUG ADDICTION OR USER]...
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
|
|
Groups: Member
Joined: 9/24/2009 Posts: 210 Points: 697
|
Hold up yuh head BUJU - Mama don't cry
Keep eye and heart trained on Jah up on High
Whatever passed we all know why
The system stuck to it's white bred lie
HOLD UP YUH HEAD, BUJU AND MAMA DON'T CRY
KEEP EYE AND HEART TRAINED ON JAH UP ON HIGH
- Neo x
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Legal pundits say Buju has chance of success
Buju Banton and his attorney David Markus.
Legal opinion is indicating that the motion filed in a Florida Court for an acquittal or new trial for reggae artiste, Buju Banton, stands a reasonable chance of being successful.
Buju's defence team filed the motion in court earlier this week.
The 37-year old Grammy winning entertainer, whose real name is Mark Myrie, was found guilty last Tuesday of three of four charges – conspiracy to possess with the intent to possess 5 or more kilograms of cocaine, possession of a firearm in furtherance of a drug trafficking offense and using wires to facilitate a drug trafficking offense.
However, the 12-member jury returned a not guilty verdict on a fourth charge of attempted possession with the intent to distribute five kilograms or more of cocaine.
United State-based attorney-at-law Oliver Smith believes the motion for acquittal may cause at least two of the counts to be overturned, and subsequently cut several years from Buju's possible sentence.
"As far as the gun count is concerned phone count, (using wires to facilitate a drug trafficking offense) I think is a real likelihood of success on those counts. I think the conspiracy count is doomed. The weapon was found on December 10, the date when Buju was not present, so it’s highly unlikely, unless that there is some other evidence, that the jury could reasonably conclude that Buju would have knowledge that the person had the weapon and secondly, that that the weapon would be used in furtherance of the drug trafficking conspiracy. I think he has an excellent chance," said Mr. Smith, who was speaking Wednesday evening on RJR’s current affairs discussion programme Beyond the Headlines.
Source:RadioJamaica
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju Banton to be sentenced June 16
Tuesday, March 08, 2011
TAMPA, Florida (CMC) – A United States federal judge has set June 16 as the sentencing date for Jamaican Grammy Award-winning reggae star Buju Banton.
Court officials said that Judge James S Moody, Jr will preside over the sentencing of Banton, 37, whose real name is Mark Myrie. The reggae star faces up to 20 years in prison.
Buju Banton [Hide Description] Buju Banton [Restore Description] 1/1
Last month, a 12-member federal jury found Banton guilty on three cocaine-related charges, including conspiracy to possess with intent to distribute five kilogrammes or more of a mixture and substance containing a detectable amount of cocaine.
They also found him guilty of attempting to possess five kilogrammes or more of cocaine, and for aiding and abetting others in using a communication facility in the commission of a felony.
The jury, however, did not find him guilty of knowingly and intentionally possessing a firearm in furtherance of and during the course of a drug-trafficking crime.
The singer has maintained his innocence throughout the trial, the second since a jury reached a deadlock late last year.
Banton’s attorney, David Markus, argued that the artiste never became a willing participant of the cocaine conspiracy arguing that tasting the cocaine, talking about cocaine and simply being present at the warehouse is not sufficient to find Banton guilty of the crimes.
Banton was arrested on December 10, 2009 in a Drug Enforcement Administration (DEA) sting operation.
Banton‚s long-time friend, Ian Thomas, and another man, James Mack, were arrested the same day when they attempted to buy cocaine from undercover detectives in a Florida warehouse.
Thomas and Mack pleaded guilty, but Buju denied the charges.
Banton, who is in detention awaiting sentencing, thanked his fans for their support, stating: "our life and our destiny are sometimes pre-destined; and, no matter where this journey takes me, remember I fought the good fight.
"It was a great man that said my head is bloody but still unbowed I love you all thank you for your support," he said.
Banton reached the zenith of his singing career on February 13 when his album, 'Before the Dawn', was awarded the Grammy for Best Reggae Album.
Prosecutors charged Banton was the middleman in a cocaine transaction between Tampa dope dealers and a confidential informant working with the DEA.
Banton was caught on covert audio and videotape boasting about the „no-risk‰ drug deal and sampling the illicit white powder, prosecutors said.
"This is not about Buju Banton, the reggae singer. This is about Mark Myrie, the drug defendant," Assistant US Attorney James Preston said during his closing argument.
But Markus countered that the singer did not profit from the drug deal, stating that Banton was snared in the DEA probe because he is "a big talker" and was trying to impress the confidential informant, who ended up with a US$50,000 commission following the bust.
Markus said he has filed a motion in the United States District Court, Tampa Division, asking for acquittal or a new trial, and that the reggae star be released on bail.
But prosecutors said that they would be seeking to squash the defence motion since the claim is "without merit".
Source:JamaicaObserver
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju's sentencing pushed back
Friday, March 18, 2011
TAMPA, USA (CMC) — A United States federal judge in Tampa, Florida has pushed back the sentencing date for Jamaican Grammy Award-winning reggae star Buju Banton to June 23.
Banton was originally scheduled to be sentenced on June 16, but federal district Judge James S Moody Jr said, without any explanation, that the reggae artiste will now be sentenced on the new date.
BANTON… now to be sentenced June 23 1/1 Banton, 37, whose real name is Mark Myrie, faces up to life in prison.
Last month, a 12-member federal jury found him guilty of three cocaine-related charges. The jury found him guilty of conspiracy to possess with intent to distribute five kilogrammes or more of a mixture and substance containing a detectable amount of cocaine. They also found him guilty of attempting to possess five kilogrammes or more of cocaine, and for "aiding and abetting others in using a communication facility in the commission of a felony".
The jury, however, did not find him guilty of "knowingly and intentionally possessing a firearm in furtherance of and during the course of a drug-trafficking crime".
The deejay has maintained his innocence throughout the trial, the second as a jury reached a deadlock late last year at the first trial.
Banton's attorney, David Markus, argued that the artiste never became a willing participant of the cocaine conspiracy charged in the superseding indictment.
He said tasting the cocaine, talking about cocaine and simply being present at the warehouse is not sufficient to find Banton guilty of the crimes.
Banton was arrested on December 10, 2009 in a Drug Enforcement Administration (DEA) sting operation.
Banton's long-time friend, Ian Thomas, and a James Mack were arrested the same day when they attempted to buy cocaine from undercover detectives in a Florida warehouse. Thomas and Mack pleaded guilty, but Buju denied the charges.
Banton, who is in detention awaiting sentencing, thanked his fans for their support, stating: "Our life and our destiny are sometimes pre-destined; and, no matter where this journey takes me, remember I fought the good fight. It was a great man that said my head is bloody but still unbowed I love you all thank you for your support," he said.
Banton reached the zenith of his career on February 13 when his album Before the Dawn as awarded the Grammy for best reggae album. Prosecutors charged Banton was the middleman in a cocaine transaction between Tampa dope dealers and a confidential informant working with the DEA.
Source: JamaicaObserver/CMC
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju's countdown - star’s loved ones grow more nervous
— sentencing Thursday
BY PAUL HENRY Crime/Court Desk co-ordinator henryp@jamaicaobserver.com
Monday, June 20, 2011ANXIETY is increasing among close friends and key supporters of Grammy Award-winning Jamaican reggae artiste Buju Banton as the reggae singer's sentencing date draws closer.
The artiste, whose real name is Mark Anthony Myrie, will on Thursday be sentenced in the Sam M Gibbons Federal Court in Tampa, Florida. The sentence comes four months after Banton's conviction on drug-related charges in February. Banton will hear this Thursday how much time he will spend in a US prison on a drug conviction.
Yesterday, Banton's friends and supporters told the Observer that they were nervous about the possibility of him going to prison for an extended period. They also expressed concern about the emotional and financial well-being of Banton's 15 children. "I just hope the judge doesn't give him a long time in prison," said reggae promoter and friend Hopie Miller, who lives in Florida.
"I'm anxious. You know how it is with me when it comes to Buju."Miller said she visited Banton in lock-up on two occasions, where she broke down in tears and had to be consoled by the artiste. Worry over Banton's sentencing has reached a fever pitch since federal district Judge James S Moody Jr pushed back the original June 16 date.
"I'm very anxious. All the experts are saying a lot of things. I hear a lot of talk, but you don't know what will happen because they are not the judge," said close friend O'niel Dunkley who resides in Florida. "It's something we talk about a lot... I don't think he deserves what is coming to him, it's not like he was a drug pusher or anything. I feel bad for his kids."A friend of Buju's from California, who goes by the name Nicole Rasta, added: "I feel stressed, exhausted and sorry for him. I feel like I lose someone close to my heart. And not even that, who is going to take care of his children?" Banton was convicted 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 an initial trial in September of last year which ended without the jurors being able to reach a verdict. The artiste was arrested in December 2009, resulting from a covert operation.
Banton faces a mandatory minimum sentence of 15 years. However, his legal team, led by David Oscar Markus, is seeking a sentence below the mandatory minimum.
Yesterday, Markus told the Observer: "Buju remains optimistic and hopeful. He is a true warrior, from the days of the old school. I won't stop fighting for him." The week before last, renowned actors, athletes and fellow performers joined Banton's children in making an impassioned plea for leniency in handing down his sentence. Among them were American actor Danny Glover, NBA player Etan Thomas, Vibe Magazine editor-at-large Rob Kenner and reggae artiste Stephen Marley.Source:Jamaicaobserver
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
- So this bring us maybe, to the end of my blog on Buju Banton Buju could be out in six years - Tells kids to ‘love the Lord’ We are still optimistic, says defence attorney Markus BY KARYL WALKER Online News Editor walkerk@jamaicaobserver.com
Friday, June 24, 2011TAMPA, Florida — Reggae singer Buju Banton could be out of federal prison in six years, according to his attorney David Oscar Markus. Speaking to reporters after the verdict of a 10-year sentence was handed down by United States judge Jim Moody, Markus said Banton would be credited with the 18 months he spent incarcerated in the Pinellas County Jail in Tampa, Florida."He will get credit for all the time he was in, plus good time credit. So he's got six years remaining on his sentence. Six years is too much time, but it's much better than the 15 years he was looking at going in this morning," Markus said Source:jamaicaobserver
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju moved
BY KARYL WALKER Observer Online
News editor walkerk@jamaicaobserver.com
Sunday, August 07, 2011REGGAE star Buju Banton is now being transferred from the Pinellas County Jail in Florida to a correctional facility in Mississippi to begin serving his 10-year sentence. Banton will be taken to the Adams County Correctional Center in Natchez, Mississippi. A bed shortage at the Pinellas County Jail in Florida has forced US officials to move Buju Banton to a private corrections facility in Mississippi. Defence attorney David Oscar Markus, who represented the embattled artiste, in his drug trial, told the Sunday Observer that United States magistrate James Moody recommended that Banton serve his sentence at a facility in Florida, but a shortage of beds caused him to be transferred to the Mississippi-based prison."The judge recommended that he serve his time in Florida, but there were no beds in Miami, and the ultimate decision was made by the Bureau of Prisons. We are hopeful that when a bed opens up down here (Florida) that we can get him transferred so that it is easier on his family (and us) to see him," Markus said. The Adams County Prison has the capacity to house 2,232 male prisoners and is owned by the corrections management provider, CCA. The company is the fifth-largest corrections system in the US and houses 75,000 offenders and detainees in more than 60 facilities across that country. CCA is a private corrections business which specialises in the design, construction, expansion and management of prisons, jails and detention facilities, as well as inmate transportation services.The artiste was sentenced in the Sam Gibbons US Court in Tampa, Florida in June this year of conspiring to negotiate a drug deal in a police-controlled warehouse in Florida. Banton, whose real name is Mark Myrie, was arrested at his home in Tamarac, South Florida after almost a year of surveillance of telephone and live conversations and video recordings that included him tasting cocaine in a Saratoga warehouse. He has consistently pleaded his innocence and maintained that he was entrapped by government informant Alexander Johnson, who he claims was paid US$50,000 to ensnare him. The 38-year-old artiste has since signalled his intention to pursue higher education in the form of a master's degree in economics and political science while he is incarcerated. His attorneys have also indicated that they are planning to appeal his sentence before a three-member panel of judges in an appellate court in Georgia.Source:Jamaicaobserver
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju Banton's release date February 2019
2011-09-20 15:46:35
Buju Banton- file photo
Mark 'Buju Banton' Myrie, the reggae icon, who became one after converting to Rastafari, will be in prison until early 2019 according to the United States Federal Bureau of Prisons website.
There were rumours Buju would serve six years when time served and good behaviour were taken into account.
However, one of the aspects of those rumours was addressed by the supposed confirmation, as examiner.com, explained that time served had already been included in the calculation of the release date.
“[…]The Bureau’s official release date set for February 2019 includes the time the prominent reggae entertainer served in prison prior to and between his two trials within the last year," the website reported.
Examiner.com went on to interview David Rowe, a professor and highly regarded attorney-at-law, who explained that Buju Banton will also get credit for 16 per cent of “federal gain time,” meaning time that he serves while not violating federal rules behind bars.
Should he violate the rules, Buju's sentence may be extended.
Buju was sent to prison after being convicted of three drug-related charges in February.
The charges came as a result of a December 2009 incident in which he allegedly conspired to organise a drug deal within a police controlled warehouse.
Examiner.com also reported that Buju's lawyer, David Markus, was not planning to go away any time soon, and would be appealing the ruling.
Buju has yet to officially begin serving his time. According to the prison bureau website, he is listed as in transit as he is expected to be sent to a federal prison in Mississippi.
Source:Jamaica-Gleaner/Power 106
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
BUJU MOVED AGAIN - Deejay relocated to Miami from Oklahoma
Deejay Buju Banton heads back to Florida to serve some of his 10-year sentence at the Federal Correctional Institution Miami.
This is one of many moves for the incarcerated reggae star who has been sentenced to 10 years on federal drug charges. According to browardpalmbeach.com, the singer went from Florida to Oklahoma to Texas, back to Oklahoma, and now to Miami, according to David Oscar Markus, Banton's attorney.
The website elaborated that plans to place Banton in a Mississippi prison fell through when authorities discovered that a co-defendant in the case had already been assigned to the facility. Authorities then stowed Banton in a Federal Transfer Center in Oklahoma City before moving him to a correctional institution in Groesbeck, Texas.
According to Buju's lawyer, David Markus, Buju endured several hardships during two-month stay in the Texas facility; describing the environment as one of a violent and unhealthy nature that made the singjay rather uncomfortable. "He was at one of the worst places you can imagine — a county facility that had been converted to house federal inmates," Markus was quoted as saying. "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."
Markus expressed pleasure with the judge in Buju's trial, James Moody and the Jamaican consulate, who pleaded with the Federal Bureau of Prisons to move the artiste from the Texas prison as soon as possible. Markus plans to appeal Buju's ten-year sentence; filing a brief with Eleventh Circuit Court of Appeals in Atlanta later next month.
A benefit concert paying tribute to Buju Banton will take place this Saturday from the Supa D Tropical Bar & Grill in Tampa, Florida. All proceeds from the event will go towards Buju's appeal; with the hope for raising US$50,000 for the cause. Reggae artistes scheduled to perform include Delly Ranx, Nadine Sutherland, Gramps Morgan among several others.
Buju Banton was convicted in February of conspiring to organise a drug deal within a police-controlled warehouse, along with two other charges in relation to the December 2009 incident.
Source:Jamaica-Star
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju could get a life line
Incarcerated international reggae artiste Buju Banton could walk free from his conviction and subsequent 10 year sentence on drug-related charges.
According to media reports, this is after the discovery that the United States government may have violated the Speedy Trial Act, which states that any defendant involved in a case must be brought to trial by the government within a 70 day window; a right guaranteed under the Sixth Amendment in the American constitution.
The United States Supreme Court has developed a four part test considering 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 in judging speedy trial claims.
Any violations of the Speedy Trial Act could spark the dismissal of a criminal case given the state’s inability to bring the case to trial within a reasonable amount of time. Buju's legal team filed an appeal last week in a Georgia Appeals Court, citing violation of the Act.
They also citied that the prominent reggae singjay was not a willing participant in any drug conspiracy.
However, fans of the internationally-acclaimed entertainer may have to wait up to a year after Buju's attorney intimated that the appeal process could take anywhere from six to nine months, or longer before a verdict is handed down.
Buju, whose given name is Mark Myrie, was convicted in June 2011 in a Florida court on drug charges.
He was arrested in 2009, during a Drug Enforcement Agency sting operation after police claimed he tried to buy cocaine from undercover officials.
Buju went to trial for the matter but the case was declared a mistrial after the jury failed to reach a verdict.
At his second trial, the reggae sinjay was found guilty on 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 offence.
Source:RadioJamaica
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
US appeals court upholds Buju Banton's conviction
Thursday, June 21, 2012
MIAMI, USA (AP) — A federal appeals court has upheld Jamaican reggae star Buju Banton's conviction on cocaine conspiracy and trafficking charges.
Banton's attorney, David Markus, argued that a government informant had improperly entrapped the Grammy-winning singer.
A three-judge panel of the 11th Circuit Court of Appeals in Atlanta ruled today that the evidence supported Banton's 2011 conviction in Tampa federal court.
The panel also agreed with the jury's conviction of Banton on a gun possession charge, which the trial judge had dismissed after the verdict was read. The judges rejected Banton's argument that his right to a speedy trial had been violated.
Banton's real name is Mark Myrie. He's serving a 10-year prison sentence. Markus says he believes "a good man is in jail for talking a big game."
Source: AP
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju changes lawyer
BY PAUL HENRY Crime/Court Desk co-ordinator
KINGSTON, Jamaica — Incarcerated Jamaican DJ Buju Banton has changed his long-time attorney David Oscar Markus, who has been representing him since his arrest in 2009.
His new lawyer is now Chokwe Lumumba from Mississippi, USA.
The change, Oscar Markus confirmed with the Jamaica Observer, took place over the last few days. Lumumba’s office also confirmed today that he was now Buju’s attorney.
“We are still brothers and I hope for him the very best,” Markus told the Observer.
Buju was convicted in February 2011 on gun and drug-related charges, and later sentenced to 10 year’s imprisonment. He subsequently lost his appeal and a bid for a new trial.
The appeal court also reinstated the gun conviction that the trial judge threw out. Buju is to be sentenced October 30 on the gun matter for which he could pick up an additional five yea
Source:JamaicaObsever
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Break for Buju - Artiste granted evidentiary hearing by Florida court
BY KARYL WALKER Editor
Saturday, November 24, 2012
IMPRISONED reggae artiste Buju Banton has been granted an evidentiary hearing by United States Magistrate James Moody.
The artiste will be taken before the US Sam Gibbons Court in Tampa, Florida, on December 20 for the court to look into whether an admission by female juror Terri Wright to a Floridabased media house that she violated federal regulations constituted a breach of his rights.
BANTON… serving a 10-year sentence
Wright confessed that she researched aspects of the case over the Internet, during the trial, to have a better grasp of the issues when deliberations begun. She said she had secretly researched the Pinkerton Law, which was used by the prosecution to connect Banton 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 that 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 recommended by an Appellate Court due to 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. Banton has endured two trials since his arrest in December 2009 at his Tamarac home in South Florida.
The first trial ended in a mistrial after a 12-member jury could not decide his guilt or innocence after hours of deliberation. The second trial came months after, in February 2011, and the artiste, whose real name is Mark Anthony Myrie, was found guilty. If the court rules in his favour it could mean he could be tried three times for the same offence in light of the fact that his legal team are the ones requesting a retrial. Banton has reportedly forked out about US$1 million in legal fees for the first two trials and Lumumba said an argument could be raised that it would be unfair to try him for a third time in light of the fact that his resources have been severely depleted. “If the judge orders a retrial, we could make the argument that it is oppressive to Buju to try him three times. It is the judge’s call, but he has used considerable resources in the first two trials,” he said.
Source:Jamaicaobserver
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Judge Orders Search Of Juror's Computer Drive In Buju Banton Case
A juror accused of conducting improper research during the 2011 federal drug trial of reggae star Buju Banton will have her computer hard drive searched by a defense expert, a judge ruled Tuesday.
U.S. District Court Judge James Moody said at a hearing that he would issue an order prohibiting the expert from releasing to attorneys any information unrelated to the allegation that the juror conducted Internet research about Banton's case.
The juror, Moody said, "is entitled to safeguards."
Moody did so after the juror's attorney raised privacy concerns, noting that the juror's tax returns and her son's college applications also are on the hard drive.
The juror, Terri Wright of Tampa, told a reporter for the Miami New Times in an interview last year that she conducted research about the case during Banton's trial. That would have violated a judge's instructions.
Wright is quoted in the article as saying, "I would get in the car, just write my notes down so I could remember, and I would come home and do the research."
That, Banton's attorneys argue, is grounds to throw out his conviction and grant a new trial.
But Wright, forewoman of the jury that convicted Banton, has testified that the reporter misunderstood her and that the research took place after the trial's conclusion. A recording of the interview, played at a previous hearing, appeared to show Wright was quoted accurately.
Banton, 39, is serving a 10-year prison sentence after jurors convicted him of trying to set up a deal to buy 11 pounds of cocaine. He faces an additional five years in prison when he is eventually resentenced after prosecutors successfully appealed Moody's dismissal of one charge.
Attorneys have questioned all members of Banton's jury, including eight during Tuesday's hearing. Of the 11 other jurors besides Wright, 10 said they heard nothing during the trial indicating one among them conducted improper research.
One juror said she heard someone discuss research, but she said the juror who did so was a white woman. Wright is black.
Wright's attorney, Lori Palmieri, objected to Wright's hard drive being searched at all. Palmieri said there was no evidence Wright violated Moody's instructions.
And Palmieri said that even if the hard drive examination reveals a computer search about Banton, it won't show who conducted the search. The attorney noted the computer also is used by Wright's husband and 16-year-old son.
In January, Moody took the rare step of ordering a U.S. marshal to seize Wright's computer after defense attorneys referred to the Miami New Times story and asked for a new trial. Moody rescinded the order after prosecutor James Preston raised due process and privacy concerns.
The judge instead told Wright to bring the hard drive to court for Tuesday's hearing and allowed Wright to have an attorney represent her interests.
Source:Tampa bay times
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju gets another lifeline
BY KARYL WALKER Editor - Crime/Court Desk walkerk@jamaicaobserver.com Thursday, April 04, 2013REGGAE 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. [Hide Description] BANTON… seeking new trial [Restore Description] 1/1 "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: Jamaicaobserver
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju Banton Gets June Date To Return To Court
When Judge Will Rule On Juror Misconduct Case
Buju Banton will have to wait a while longer to know the outcome of his juror misconduct case in his quest for a new trial.
Buju was ordered by Judge James Moody to appear in court on June 26 along with Terri Wright, the juror who is alleged to have violated court orders during the singjay's February 2011 drug trial.
The date was set late Tuesday, just over two weeks after a new development in the case in which a forensic expert hired by Buju concluded that Terri Wright brought a desktop computer hard drive for examination of her alleged misconduct instead of a laptop she used during the trial.
Wright's lawyer later claimed she misspoke in calling her computer a laptop.
Terri Wright admitted to a Florida newspaper last fall that she researched aspects of Buju's case, but later insisted this took place three weeks after the trial concluded.
She has now been summoned to court to answer the forensic expert's findings as well as issues raised in a motion filed by Buju's legal team pertaining to a new trial.
Buju is still set to serve six more years of a ten-year sentence on drug-related charges stemming from a December 2009 incident in Florida.
A gun charge, which was thrown out during the initial ruling was reinstated following a failed appeal on his conviction.
As a result, the entertainer was due to face a re-sentencing hearing and five additional years in prison in relation to the gun charge. However, the hearing was postponed after Buju's team successfully filed an application to investigate the alleged misconduct.
Source: Anonymous
|
|
Groups: Member
Joined: 1/24/2009 Posts: 232 Points: 544
|
Buju Banton's gun possession conviction overturned
12:36 pm, Wed June 26, 2013
A Judge in Tampa, Florida has overturned the gun possession conviction against Dancehall star Buju Banton. The Grammy winning artiste whose real name is Mark Myrie, had returned to court to get a new trial following revelations that a juror had researched an aspect of the law during the trial.
On Wednesday, James S. Moody Jr., the U.S. District Judge,. ruled that the gun charge be overturned as there was a case of jury misconduct. He also recommended the filing of criminal contempt charges against the juror.
Moody's ruling follows allegations that juror Terri Wright conducted improper research during the 2011 trial. A South Florida newspaper, Miami New Times, reported that Wright who was the jury fore woman,admitted to doing independent Internet research during the trial.
Defense attorneys for Banton, argued that such research would be grounds for a new trial.Wright testified that the reporter misunderstood her, and that she conducted the research after the trial concluded.
The government has the option of refiling the gun possession charges against Buju who was convicted in 2011, of trying to set up a deal to buy 11 pounds of cocaine. He's serving a prison sentence of 10 years.
Source:RJR News
|
|
Guest |