Free Buju Banton!!!

10/11/2010

REGGAE artiste Buju Banton this afternoon walked out of the Pinellas County Jail in Tampa, Florida after he was granted bail in an immigration court. Banton has been in jail since December last year when he was arrested for conspiracy to possess with intent to distribute five or more kilogrammes of cocaine.

A member of his legal team, Marc Seitles, said the artiste was overjoyed that he gained some measure of freedom.

Buju can’t wait to have a nice meal and sleep in his own bed,” Seitle said.

In September, Banton, whose real name is Mark Myrie, was left pondering his fate after a 12-member jury could not reach a unanimous decision about his innocence or guilt.

He will be retried in February next year.

Banton met the conditions bail set by US magistrate Anthony Porcelli after his friend and son of Reggae King Bob Marley, Stephen Marley, put up his US$300,000 house as collateral.

Myrie will have to wear a tracking device and will be under 24-hour surveillance from a security company. He has also signed an extradition waiver and will not be allowed to leave the Middle District of Souther District of Florida until his trial begins.

He will only be allowed to visit a doctor and his lawyer.

Also he must submit himself to urine tests to prove that he is not using banned substances. 

Sources: http://www.jamaicaobserver.com/news/Buju-Banton-out-on-bail 

10/28/2010

TAMPA, Fla. -- A Florida judge has ruled that Jamaican reggae singer Buju Banton can be released from jail before his next trial, but not yet.

U.S. Magistrate Anthony Porcelli ruled Wednesday that Banton can be released under strict conditions. But Porcelli delayed Banton's release for five business days to allow federal prosecutors to appeal to U.S. District Judge James Moody.

If Moody rules in Banton's favor, the singer would still have to persuade an immigration judge to allow his release.

Banton, whose real name is Mark Myrie, is accused of conspiring to buy cocaine from an undercover officer. He's been held without bail since his arrest in December.

Judge Moody declared a mistrial for Banton last month after jurors said they couldn't reach a verdict.

source: http://www.washingtonpost.com/wp-dyn/content/article/2010/10/28/AR2010102801499.html 

10/27/2010

Stephen Marley has proven that he is truly a friend in deed.

The son of Reggae king Bob Marley, has put up his Miami Dade house for bond in an effort to secure his friend Buju Banton's release from the Pinellas County Jail.

Two weeks ago Banton was offered bail with stringent conditions by United States Magistrate, Anthony Porcelli as he awaits a second trial for conspiracy to possess with intent to distribute five or more kilogrammes of cocaine.

One of the conditions stipulated that Banton had to secure a US$250,000 bond which was co-signed by his friend Joseph Chavalier, who had put up his St Petersburg home as security for the bond.

However, an appraisal of Chavalier's property revealed that it's value was less than the US$250,000.

Stephen Marley then stepped up to fill the breach and has offered his house as security.

"Mr Myrie hereby notifies the Court that Stephen Marley, well-known entertainer and son of Bob Marley, and his wife Kertia DeCosta Marley, are willing to substitute as the signator for the bond in lieu of Mr Chavalier. His property is located in Miami-Dade county and has an approximate equity of $350,000. As evidence, Mr Myrie will provide the Court with a recent appraisal of the residence, a title search, a copy of deed and mortgages, outstanding mortgage balances, and affidavits from Mr Marley and his wife," court documents filed by Markus stated.

Banton, whose real name is Mark Myrie, is set to return to the US Gibbons Court today to show that he has met the bail requirements.

He must wear a tracking device and must have a security detail at all times. Under US law, the defendant must bear the cost of the security detail.

Myrie has contacted two private security companies willing to provide the service but they have been rejected by lead prosecutor James Preston who contends that the detail must include off-duty police officers.

But Markus contends that hiring off-duty cops is too expensive and is an additional burden to his client.

A representative of the security companies, the Florida Agency Of Investigations Inc based in Key Largo, Florida, will be present at the hearing today.

The other company is Guardian Professional Security, which is located in Hollywood, Florida.

If Banton secures bail his attorney will immediately seek a bond in the Immigration Court as his entertainment visa was revoked upon his arrest.

He will also have to sign an extradition waiver 

Source: http://www.jamaicaobserver.com/news/Stephen-Marley-puts-up-his-house-for-Buju 

9/30/2010

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. 

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

10/14/2010

JAILED Reggae artiste Buju Banton was this afternoon offered $250,000 bail in the Sam M Gibbons Federal Court in the United States.

But Banton, real name Mark Myrie, is still not in the clear as his lawyer David Oscar Markus will now have to seek bond in the immigration court to prevent his deportation to Jamaica. Banton’s entertainment visa was revoked when he was arrested last December.

As part of Banton's bail condition, he will have to wear a monitoring device and will be subject to house arrest and 24 hour security, to be paid for by the defence.

He can only leave his house for meetings with his attorney and for doctors’ appointments and to purchase medication. He will also be subjected to drug testing.

source:http://www.jamaicaobserver.com/news/Buju-gets-bail 

10/08/10
DAVID Markus, the defence attorney representing Jamaican Reggae singer Buju Banton has set up a fund to assist the cash-strapped artiste pay his legal fees for the upcoming retrial in December.

Markus told the Observer that the cost of the first trial has taken a huge financial toll on the artiste and asked fans, friends and supporters of the artiste to assist in any way they can.

Funds can be wired to:

Markus & Markus, PLLC

(Defense Fund for Buju Banton)

40 NW Third Street

PH 1

Miami, FL 33128

Citibank, N A

Coral Way Branch

1600 Coral Way

Miami, FL 33145

ABA # 266086554

Account # 9118130472

For international wires the Swift Code is CITIUS33.

Banton will know next week if he will be given bail as United States judge Anthony Porcelli reserved his judgement when Markus argued for bail this week.

He faces a sentence of 20 years to life if he is found guilty of conspiracy to possess with intent to distribute five or more kiolgrammes of cocaine.

Banton's first trial in September ended in a mistrial after a panel of jurors failed to come to a unanimous verdict, following three days of deliberations.

He has been languishing in the Pinellas County Jail in Tampa. Florida for almost ten months after he was arrested by Federal Agents at his home in Tamarac, South Florida. 

10/06/2010
JAMAICAN Reggae star Buju Banton, must languish for another week in the Pinellas County Jail in Tampa, Florida before he will know if he will be granted bail.

United States Judge Anthony Porcelli today reserved judgement in the bail hearing for the artiste and said he would make a ruling next week. Porcelli said he wanted to thoroughly review the arguments put forth by the defence and prosecution before making a judgement.

Banton's lawyer David Markus, is contending that his client is not a flight risk because of his popularity and says he will seek a bond in an immigration court if Banton is given bail.

But prosecutor James Preston is staunchly opposing bail on the grounds that Banton is indeed a flight risk and asked for the application to be thrown out without a hearing.

Banton has been in jail since December last year when he arrested and charged with conspiracy to possess with intent to distribute five or more kilogrammes of cocaine.

source:http://www.jamaicaobserver.com/news/Another-week-in-jail-for-Buju 

9/28/2010

Despite his current incarceration, Buju Banton was heavily involved in putting together this latest album, Before The Dawn. From choosing the final track listing and labouring over the phone with the producers and engineers to get the mixes just right, as well as to conceptualising the project's distinguished packaging, was the level of his involvement.

Hard copies of the album contain a special note written from inside the Pinellas County Jail in Clearwater, Florida, where he has been housed for the past nine months.

Before The Dawn will drop in North America and Japan today. The release date for the UK and France has been set for October 4, however, it will be available in the rest of Europe a few days earlier from October 1. Fans around the world may pre-order the album now on both iTunes and Amazon.com.

The ninth studio album by the international musician, Before The Dawn boasts 10 tracks that comprise some of the most powerful songs written by Banton since his professional entry into the music business over twenty years ago.

Recorded at Banton's own Gargamel Music studio in Kingston, Jamaica, Before The Dawn is said to contain the traditional roots Reggae sound on the track Do Good, a little classic rock on the tune No Smoking At All, and deep reggae on Battered & Bruised. Buju's handlers have named the track Innocent as the album's unofficial anthem, which they claim strikes a highly personal chord that is hoped will resonate deeply with the artiste's long-time fans.

Source:http://www.jamaicaobserver.com/entertainment/Before-the-Dawn-Bujus-new-album-released-today_7949438 

9/27/2010

TAMPA, Florida — A jury foreman minutes ago told United States judge Jim Moody that they have not been able to reach a verdict in the drug case involving Jamaican Reggae star Buju Banton.

The foreman said the 12-member jury was split evenly.

"I don't know if we will get to a final decision. We don't feel that we will progress, so could you provide further instructions? Since Thursday we have been reviewing evidence, nobody has changed their minds from their original positions," the jury foreman told the court.

Moody then instructed the jurors to take their time in coming to a final decision.

"Be as leisurely as the occasion may require," Moody said.

The judge gave further instructions that none of the jurors should surrender their conscience decision.

Banton's attorney David Markus then filed a motion for a mistrial but Moody rejected the motion.

Banton appeared in court in a white shirt and a cream coloured pants today. His feet were shackled.

The long wait for a verdict has not been going down well with the artiste's supporters who all appeared nervous.

source: http://www.jamaicaobserver.com/news/Jurors-evenly-split-on-Buju-s-fate 

9/27/2010

TAMPA, Florida — Reggae star Buju Banton will have to wait until December to know his fate.

United States Judge Tim Moody announced that a new trial will begin in December.

Banton's attorney David Markus made an application for bail for his client and was told that the court would receive the application tomorrow.

Banton seemed relieved when the announcement of a new trial date was made 

Source: http://www.jamaicaobserver.com/New-trial-in-December-for-Buju 

9/25/2010

TAMPA, USA — A second anxiety-filled day has ended without jurors reaching a verdict in the cocaine trial of Reggae artiste Buju Banton. The jurors resumed their deliberations yesterday morning about 9:50 Tampa time after being unable to reach a verdict on Thursday.

Yeaterday afternoon, anxious supporters appeared weighed down, some with their shoulders slumped, as the news was delivered by a worker at the Sam M Gibbons Court that no decision had been reached.

The development will mark a long weekend for Banton's many supporters who turned up at court and the many worldwide who have been on edge since the jurors started their deliberations in the trial that opened on Monday.

David Oscar Markus, the attorney representing Banton, whose given name is Mark Myrie, said he did not know what to make of the length of time it's taking the jurors to reach a decision. However, the defence team remained optimistic.

"We are just trying to stay positive and hope it will turn out OK," Markus told the Observer.

"We believe that there are jurors fighting for him, and we hope they stay strong," Markus added.

The jurors' verdict has to be unanimous. They will continue deliberations Monday morning at 8:45.

The jurors yesterday resumed their deliberations after receiving further instructions from Judge Jim Moody when they inquired as to whether or not a crime was committed on December 10, 2009 when Banton's two former co-accused, Ian Thomas and James Mack, were held in a sting operation purchasing five kilograms of cocaine at a warehouse.

Moody told the jurors that a crime had been committed.

"Your job is to decide whether or not Mr Myrie was involved in that crime," Moody told the jurors.

Banton was arrested at his Tamarac, Florida home that same day and charged with conspiracy to possess and distribute the illicit drugs. He was also jointly charged with possession of a weapon during the commission of a crime, given that Mack had a gun when he was arrested.

Banton could be sentenced to life if found guilty and fined millions of dollars.

Thomas and Mack have since pleaded guilty and will be sentenced in November.

The prosecution is contending that Banton had conspired with the men to distribute the drugs. But the artiste's legal team is contending that he was entrapped by the Government.

Yesterday, supporters of the Jamaican Reggae artiste filed out of the court building after a long day's wait, some looking dejected.

They however continued asking fans worldwide to pray for the artiste's release.

Singer Wayne Wonder, a longtime friend who has recorded numerous hit singles with Banton, yesterday said that the Banton was not guilty of the charges against him.

"We have to believe because we know that the crime they charge him for that's not him. Buju sells music, that's what he sells," the singer told the Observer. 

http://www.jamaicaobserver.com/news/Buju-trial-jitters-jury-unable-to-reach-verdict_7994805 

11/23/2010

TAMPA, Florida — The 13-member panel of jurors were still undecided on the fate of Reggae singer Buju Banton after more than four hours of deliberation this afternoon.

They will reconvene tomorrow morning at 9:30..

 Banton has been languishing in the Pinellas County jail since December 10 last year when Federal agents removed him  from his home in Tamarac, Florida.

The artiste's supporters at the Gibbons US Court today asked that his fans worldwide send up prayers on his behalf and asked that they read Psalms 23 and 27.

Head of Magic Productions Hopie Miller, said the artiste needed all the emotional and moral support he could get.

"He needs our prayers,"

9/23/2010

A 13-member panel of jurors are now deliberating whether to find Reggae artiste Buju Banton, whose real name is Mark Myrie, guilty or innocent of conspiracy with intent to distribute five kilogrammes of cocaine.

A female African-American juror fell ill and will not take part in this afternoon's deliberation.

 the jury retired at 12:40 pm.

Myrie's attorney David Oscar Markus in his final argument, told the jurors that his client was innocent and asked them to return a not guilty verdict.

"Ladies and gentlemen, he is not guilty. Mr Myrie is not a drug dealer. Please, Please find him not guilty. Not because he was at the warehouse when the drugs were being inspected means he is guilty of the conspiracy charge against him," Markus said.

Markus argued that the government could not prove its case against Myrie and pointed to the Drug Enforcement Agency's Daniel McCeaffrey's testimony that despite investigating the artiste for a year he could find no evidence against him. Markus also painted US government informant Alexander Johnson as a 'master manipulator and con man'.

"To him this was a pay day. This guy was looking for his jackpot. This is how he makes a living," Markus said.

Lead prosecutor Jim Preston countered Markus' claims by telling the jurors that Myrie was 'neck deep' in the conspiracy to distribute cocaine and said it was his fault why his co-defendants James Mack and Ian Thomas were arrested. Preston said Thomas was brought into the deal by Myrie.

During his address to the jury, Preston walked over to Myrie and pointed at him for emphasis.

Thomas was expected to testify this morning but was not called to the witness stand by Markus.

"We felt we had it without him," Markus told the Observer.

Presiding Judge Jim Moody in his summation to the jury, instructed them that not because Banton was on the spot when the contraband was being inspected meant he was guilty of conspiracy. He instructed them to carefully weigh the evidence of a convicted person or a government informant because they may have a motive to give false statements.

He also informed the jury that their decision had to be unanimous to stand and instructed them that in cases of entrapment they had to find Myrie not guilty if he was not previously willing or if it was because a Government agent enticed him, they should return a not guilty verdict.

9/22/2010

TAMPA, Florida — Reggae star Buju Banton denied being a drug dealer when he took the stand during his drug trial in the Gibbons US Court here this afternoon.

Banton said he was “talking crap” during the conversation with Alexander Johnson, the prosecution's main witness, on a flight they shared from Madrid to Miami. He said the incident has caused him and his family indescribable pain.

Banton, whose real name is Mark Myrie, was called to the stand about 2:45 pm Florida time by his attorney David Oscar Markus.

“I was just talking crap. I’m not a drug dealer,” Banton admitted.

He said that he did not want to be outtalked by Johnson, and said Johnson seemed to be a nice person who he liked hanging out with.

Banton admitted also that he had made a false move by sampling cocaine in a warehouse in Tampa. He said he was unaware that he was going to see cocaine as Johnson told him that he was going to inspect a boat.

He said he was fascinated with boats and was very surprised when he saw cocaine.

Banton apologised profusely and when asked by his attorney how he felt, the artiste said, “I am nervous and scared and I have been waiting for 10 months…” before he was interrupted by lead prosecutor Jim Preston who objected to the line of questioning.

Presiding judge Jim Moody sustained the objection.

Under cross examination, Preston, who asked Banton if he had thanked Johnson for making him [Buju] himself again, Banton said, “I would not risk my career which I have been working to build for 20 years for five kilos of cocaine.”

Banton said he was thanking Johnson who he thought could hook him up with a record deal and not a cocaine deal, as his record deal with his former company Tommy Boy Records had expired in 2009.

Meanwhile, Stephen Marley, son of Reggae king Bob Marley, also testified on Banton’s behalf, saying he has known him for over 10 years and never knew him to be a drug dealer.

Banton was arrested at his home at Tamarac, South Florida hours after his former co-accused Ian Thomas and James Mack, were arrested during an alleged drug bust in an undercover operation at a warehouse in Sarasota, Florida in December last year.

All three were charged with conspiracy to possess more than five kilogrammes of cocaine with intent to distribute, while Mack was charged with possession of a firearm in furtherance of a drug trafficking offence.

The drug charge carries a minimum sentence of 20 years to life in addition to a fine of up to US$4 million, while the firearm charge carries a sentence of five years to life and a fine of up to US$250,000.

Both Mack and Thomas, in their plea deals, have agreed to give evidence to assist the US Government in building a case against Banton, in exchange for lesser sentences.

9/22/2010

TAMPA, USA — Defence attorney David Markus slung his arms across the shoulders of his lanky Reggae superstar client ‘Buju Banton’ at the end of the morning session of his cocaine trial at the Gibbons US Court here yesterday.

The gesture was one of support and reassurance after what appeared to be a tough first session for the defence.

Earlier, Banton, whose real name is Mark Myrie, could not stop shaking his head as he listened for a lengthy period as the prosecution played potentially damning recordings of his conversations with government informant Alexander Johnson, discussing drug deals and even diamond smuggling from Africa to Europe.

Banton's fans, who had turned out in their numbers for the trial that started on Monday, were also stung by the recordings which were made between July and December 10, 2009 when Banton and two other men were arrested in Florida and slapped with cocaine-related charges.

The fans appeared deflated, coming off a high on Monday when the chief investigator in the matter said he had no evidence that Banton was a cocaine trafficker.

Yesterday, as the tapes were being played, one woman could be seen clutching her head and covering her ears. Others sat attentively, captivated by the conversations between the four-time Grammy nominee and Johnson, a convicted drug trafficker who has been working with the US Government since 1996 to sink other narco dealers.

Also played for the court was the video recording of December 8, 2009 in which Banton was seen tasting cocaine from a knife given to him by his long-time friend Ian Thomas after he used it to cut open a package containing five kilogrammes of cocaine during an undercover operation by the Sarasota Police Department at a warehouse.

Thomas was heard on the video saying that the cocaine was fish scale. Johnson later told the court that the term meant that the drug was of a high quality.

The mood, however, changed somewhat in the late afternoon when Banton's lawyer started his examination of Johnson, who agreed that the singer did not finance the drug deal for which he, along with Thomas and James Mack from Georgia was arrested and charged with conspiracy to distribute five kilogrammes of cocaine.

Thomas and Mack have since pleaded guilty and have agreed to give evidence against the singer. The prosecution had on Monday indicated to the court that it would not call Thomas as a witness.

If found guilty, Banton could be sentenced to life imprisonment or slapped with millions of US dollars in fines.

Before the recordings were played yesterday, Johnson testified that he met Banton on a flight from Madrid, Spain, to Miami, Florida in July 2009. The flight lasted eight hours, Johnson said, and a conversation about drug dealing came up within an hour.

He said it was the singer who raised the issue. Johnson, who avoided looking at Banton during his evidence-in-chief, said immediately after landing he informed the police about his conversation with Banton which jump-started the investigation that included the recordings.

Johnson told the court that he met with Banton the following day, July 27, to further discuss the drug-trafficking venture, which he said the artiste was interested in starting.

The prosecution then played the expletive-laced recordings, which were made between July and December and in which the 37-year-old Banton was heard telling Johnson, "I am about making money, straight up".

Banton was also heard asking Johnson if he had any contacts to acquire cocaine as he was willing to finance a deal. He also told Johnson that he did not have contacts in Venezuela and Panama, but that he was involved in smuggling diamonds from Africa to Europe.

He was also heard telling Johnson that: "It would be good to have our own contacts," and that he would like to start small, as "I don't want to take any risks".

The artiste also warned the informant that he should stay away from a man known as Lloyd Evans as he was a snitch.

"There are a lot of snitches in the game," Banton warned Johnson at one point, saying that it was hard for him to find anyone to trust.

Banton, dressed in a grey sports coat, shook his head while the recordings were being played and at some points appeared tense.

As the recordings kept rolling, some people in the courtroom chuckled in disbelief. Others seemed captivated.

In one conversation Banton was heard cursing and complaining to Johnson that the gay community, particularly the gay rights group GLAD (Gays and Lesbians Advocates and Defenders), was trying to ruin his career.

Banton had been at odds with the gay community since the 1990s following the release of his anti-gay monster hit Boom Bye Bye.

He was also heard complaining of being stressed out and said that he had 15 kids whose school fees needed to be paid.

With the case appearing to swing in favour of the prosecution, supporters who had earlier that morning held hands and prayed inside the 13A courtroom for an acquittal -- as has been their routine since the trial started -- expressed hope that the pendulum would again swing in their favour as it approached time for Johnson to be placed under the spotlight of cross-examination from lead defence attorney Markus.

Markus stood, took to the podium with his papers. Banton's supporters held their breath. He politely greeted the 14 jurors — two of whom are African-Americans, the others white -- then Johnson, and proceeded to whip out a card on which he had key parts of Johnson's evidence typed. On one side of the card, displayed for jurors to see, were a set of check boxes in which he ticked when Johnson answered a question posed.

"Mr Myrie did not invest any money in any drug deal?"

Markus asked.

"With me? No," the reply came.

Johnson, a Colombian who had served three years for drug-trafficking and was spared deportation in order to work with the US Government as an informant, said the artiste never sold or bought drugs and had never wired any money to him to invest in the illicit trade.

Johnson also admitted that Banton had never purchased any cocaine in Panama or Colombia and that their dealings never went beyond talk.

He, however, said that Banton had changed his mind from the initial talks of wanting to traffic drugs to making quick cash. Johnson said that was how the eight kilogrammes of cocaine came into play.

The informant did not readily answer when Markus asked if Myrie had stopped taking his calls following the warehouse meeting of December 8.

"Didn't Ian Thomas tell you, 'He [Myrie] does not want to do anything man? Talk to me. That's not him. He is about music, he eats and sleeps the music'?" Markus asked, to which Johnson replied 'yes'.

Markus is contending that his client had got cold feet and backed out of any previous talks to finance any drug venture and had stopped taking Johnson's calls, and that Thomas took over the deal.

But Johnson stuck to his guns, saying that it was Banton and Thomas who approved the deal, even though the US$130,000 may have come from two men in Georgia called Ike and Tyke.

Johnson also told the court that he had no knowledge that Myrie had financed the deal in the police-controlled warehouse that led to Thomas and Mack's arrest while attempting to purchase cocaine from US Drug Enforcement Agency agents.

Markus is expected to continue cross-examining Johnson when the trial resumes this morning. 

source:http://www.jamaicaobserver.com/news/Damning-tapes-stun-Buju-Bantons-supporters_7985655 

9/21/2010

TAMPA, USA — THE first day of the cocaine trial of Jamaican reggae superstar ‘Buju Banton’ ended with what the artiste’s lawyers and supporters described as a good day.

The tension in the air during the morning session of the trial at the Gibbons US Court was all gone when court adjourned for the day, some minutes after four yesterday afternoon.

The many Jamaicans — musicians included — and supporters of varying nationalities who travelled from as far as Los Angeles for the trial, expressed relief after the prosecution’s first witnesses gave evidence.

What made them especially confident of Banton’s innocence and that he was set up, was the evidence of Drug Enforcement Agent Daniel McCaffrey, the man who led the investigations into the allegations of drug trafficking against the artiste, whose given name is Mark Anthony Myrie.

“To me, the case sounds weak,” Gramps Morgan from the Reggae group Morgan Heritage told the Observer.

At the end of the proceedings, an equally confident David Markus, Banton’s attorney, seemed more upbeat.

“We had a very good first day,” Markus told the Observer. “We feel very good. The truth is on our side. Buju is innocent.”

McCaffrey’s evidence excited and gave hope to Banton’s legal team and his supporters as the agent said during cross examination that after a year of investigation he had no evidence that the artiste was a drug dealer.

“You had to go by the word of an informant?” Markus asked, to which McCaffrey answered “correct”.

He also said that there was no recorded evidence that there was any agreement for the artiste to benefit from the sale of the drugs for which he and two other men were busted last year December, nor that the US$130,000 that was seized during the bust was supplied by Banton.

In fact, McCaffrey agreed that the money brought from the state of Georgia by James Mack to purchase the five kilogrammes of drugs may have been provided by two alleged drug dealers who were being investigated and who go by the names Ike and Tike.

At this point, Banton’s supporters in the court were engulfed in muffled laughter and giving off “I told you so” sounds.

Banton is on trial for conspiracy to possess with intent to distribute five or more kilogrammes of cocaine. The charge carries a minimum sentence of 20 years to life in prison and a fine of up to US$4 million.

He is being tried by a jury of 14 people, two of whom are African-Americans, a fact that has drawn comments from Banton’s supporters who felt that the composition was not a jury of the Jamaican singer’s peers. The panel also comprises six women.

Banton was arrested on December 10, the same day Mack and Ian Thomas were held. But men have recently signed plea bargain arrangements and have agreed to assist prosecutors.

However, yesterday the prosecution, lead by Jim Preston, indicated in court that it would not be calling Thomas as a witness. Markus then asked for him to be made available as a defence witness.

Markus is contending that Banton was entrapped by the US Government and a convicted drug dealer — Alexander Johnson — who had raked in millions working undercover for the state. He said yesterday that Johnson had earned US$50,000 working the Buju Banton case.

During his opening argument yesterday afternoon, Preston told the court that Banton and Johnson met on a flight from Madrid, Spain in July 2009 and that the two started discussing drugs.

“Do you have any contact where I can get cocaine?” Preston said Banton asked Johnson.

Preston said that by this time Banton was already a financier of a multi-million dollar cocaine smuggling ring that spanned the Caribbean, South America and Europe and was seeking to invest in new smuggling ventures.

He told the court that Banton discussed the price of drugs with Johnson, a Colombian working with the US Government since his 1996 conviction and who had received a dramatically reduced sentence.

The prosecutor said that Banton boasted to Johnson that he only financed drug ventures, that he was the best at what he did and that he would never be arrested because he stayed on the outside of deals.

He said the prosecution would be playing recordings of telephone conversations with Banton discussing cocaine deals with Johnson and that the men met on several occasions, culminating with his arrest.

“I’m going to show you his other career,” Preston told jurors.

Expected to be played also is a recording of a December meeting in a Florida warehouse where Banton tasted cocaine brought to him by Johnson.

In his opening remarks, Markus did not deny that Banton tasted the cocaine, saying that it was a terrible mistake. He, however, said that Banton had a choice to make and decided not to deal with Johnson any further and went home.

“He’s guilty of talking a lot, guilty of tasting, but not guilty of dealing drugs,” Markus said.

Markus said that Banton was not aware that Johnson was going to bring drugs to the meeting because he was under the impression that he was going to look at a boat Johnson had. He said also that Banton had been avoiding Johnson and that Johnson was desperate in pursuing the artiste because of the money he stood to gain from an arrest.

The lawyer said that Johnson had resorted to telling lies on others and setting them up to maintain his high lifestyle and that he had purchased a million-dollar house in Florida.

Markus also pointed out to jurors that it was Mack and Thomas who made the deal that led to the arrest and that Banton had nothing to do with it. He said also that Thomas had pointed this out to Johnson.

Banton is expected to testify in the trial, which is being presided over by Judge Jim Moody.

Entered into evidence yesterday were the five kilogrammes of cocaine for which Banton was charged, pictures of the illicit drugs, as well as photos of the cash seized.

A forensic chemist testified that the substance involved in the case was in fact cocaine, while an intelligence research specialist testified to the number of calls that were placed between Banton, Johnson and Thomas.

Throughout the proceedings Banton, dressed in a grey sports coat and black pants, appeared relaxed, chatting with his lawyers at times.

Earlier in the morning when he walked into court, the entertainer greeted the members of his legal team and saluted his supporters which included his relatives and members of his band. He appears physically healthy and seems as if he has gained weight. 

9/21/2010

TAMPA, Fla. — Jamaican reggae star Buju Banton was an established drug trafficker before the singer allegedly tried to buy cocaine from an undercover officer in Florida last year, attorneys for the U.S. government said Monday at the beginning of Banton's drug trial.

"Do you have any contacts where I can get cocaine?" Banton asked a government informant named Alexander Johnson in a recorded conversation, Assistant U.S. Attorney James Preston told a jury in Tampa federal court.

The singer was looking for "more, new and different money through a new conspiracy he was shopping for" in addition to drug deals he already had funded, Preston said.

Banton, 37, whose real name is Mark Myrie, has been held without bail since his arrest in December on charges of conspiring to distribute cocaine and carrying a firearm during the course of a drug trafficking crime.

The four-time Grammy nominee faces a possible life sentence if convicted.

Banton's attorney, David Markus, insisted his client did not participate in any conspiracy to sell cocaine, even if he did talk with the informant about drug deals.

"Yes, Buju talked a lot," Markus said in opening statements. "Yes, he tasted that cocaine. No, he wasn't a drug dealer. He wasn't part of the deal."

Markus said Banton will testify in his trial.

"He's got nothing to hide," Markus said. "The truth is on his side in this case because he didn't do anything."

Banton and an associate allegedly negotiated with an informant to buy the cocaine. Along with a third man, they allegedly met with an undercover officer in Sarasota in early December to buy the drugs. The informant told Drug Enforcement Administration agents that he also saw the singer inspecting the cocaine, tasting the drugs with his finger.

The Dec. 8 meeting was captured on video.

The two co-defendants have pleaded guilty and have agreed to testify against Banton.

Banton's using his finger to taste the cocaine in the Sarasota warehouse in December was "the worst mistake of his life," Markus told the jury.

He will try to prove that Banton was a victim of entrapment.

Markus told the jury that Johnson had imported cocaine to the U.S. from Colombia until he was caught in 1994.

Johnson cooperated with authorities, served three years in prison and has earned $3.3 million by working for several U.S. law enforcement agencies, including more than $50,000 for the Banton case.

"Alexander Johnson has never had a job," Markus said. "Instead, he's been setting people up."

Preston said Banton was eager to work with Johnson, whom he met on a flight from Spain to Miami at the end of his European tour last summer.

"I give you money," Banton said, according to Preston. "You buy, you sell, give me money."

9/16/2010

BUJU Banton' is facing further woes after James Mack, the second co-defendant in the drug case against him yesterday signed a plea bargain deal with the United States District Attorney, agreeing to testify against the Jamaican reggae singer.

Mack's deal comes five days after another co-defendant, Ian Thomas, also agreed to give evidence against the four-time Grammy nominee whose correct name is Mark Myrie.

 Banton was arrested at his home at Tamarac, South Florida hours after his two co-defendants, Ian Thomas and James Mack, were arrested during an alleged drug bust in an undercover operation at a warehouse in Sarasota, Florida in December last year.

The trial against Banton is expected to start on Monday at the Middle District Court in the Florida city of Tampa.

All three are charged with conspiracy to possess more than five kilogrammes of cocaine with intent to distribute, while Mack is facing a charge of possession of a firearm in furtherance of a drug trafficking offence.

The drug charge carries a minimum sentence of 20 years to life in addition to a fine of up to US$4 million, while the firearm charge carries a sentence of five years to life and a fine of up to US$250,000.

Both Mack and Thomas, in their plea deals, have agreed to give evidence to assist the US Government in building a case against Banton, in exchange for lesser sentences.

The Observer yesterday obtained copies of the two 17-page plea agreements which bears the signatures of both men.

The documents said: "Defendant agrees to fully co-operate with the United States in the investigation and prosecution of other persons, and to testify, subject to a prosecution for perjury or making a false statement, fully and truthfully before any federal court proceeding or federal grand jury in connection with the charges in this case."

According to the allegations:

* two or more persons in some way or manner came to mutual understanding to try to accomplish a common and unlawful plan, as charged in the indictment; and

* that the defendant, knowing the unlawful purpose of the plan, willfully joined in it.

The US Government, however, offered to drop the latter against Thomas, in exchange for his testimony.

Under US law, a plea agreement is signed between the defendant and prosecutors and has no bearing on the sentence a judge may impose, although at times judges act on the recommendation of prosecutors.

Banton has maintained his innocence and insists that he was entrapped. His lawyer, David Oscar Markus, intends to argue that the US Government paid an informant US$35,000 to snare his client.

On Tuesday, before Mack signed the plea deal, Markus expressed confidence that Banton would walk free at the end of the trial.

"This is a federal court and we are as confident as you can be in a federal court. Buju is innocent and we are hoping the jury will see through the Government's charade," Markus told the Observer.

Markus said, too, that he was not to worried about Thomas' decision to testify against the singer as part of a plea deal. "If he speaks the truth he won't hurt us," he said Tuesday.

The attorney was not available for comment yesterday.

Mack's agreement to give evidence against Banton is an about-turn on his earlier position after he signed an affidavit on Friday that he never knew Buju Banton before his arrest and that the artiste had no knowledge of the money and gun that were in his car.

Officials at the Pineolas County Jail have moved Banton to the Citrus County Jail, which is about 75 minutes north of Tampa, as the prosecution gets ready for the trial.

Source: http://www.jamaicaobserver.com/news/Buju-stands-alone_7967273 

4/25/2010

While the odds favour a lengthy prison sentence for Buju Banton on cocaine charges in the United States, Jamaican radio personality Lister Hewan-Lowe believes the reggae star will walk away from his trial a free man.

"I don't care how much cocaine he tasted, the Buju Banton thing is a clear case of entrapment," said Hewan-Lowe. "Once he has a lawyer with skills, he should win that case easily."

Hewan-Lowe is one of the longest-serving Jamaicans on US college radio. He has been on WUSB 90.1 for 38 years and hosts the weekly current affairs show, Burn Baby Burn.

He told The Sunday Gleaner that most Jamaicans who tune into his programme agree that Banton was set up.

"A lot of people think it has something to do with the whole gay thing. From what I've heard, it was blatant entrapment," Hewan-Lowe said.

Banton was arrested by Drug Enforcement Administration (DEA) agents in Sarasota, Florida, last December and has been incarcerated in that state since.

The DEA said they arrested him purchasing five kilograms of cocaine and said they have taped evidence of him tasting the contraband. He is charged with conspiracy to traffic cocaine.

Banton, whose trial starts in June, has a long-running feud with the gay movement in the US. They say his 1992 song, Boom Bye Bye, is a call to arms against homosexuals.

His Rasta Got Soul tour in the US last year was dogged by protests from gay groups.

Banton is being represented by Miami lawyer David Oscar Markus, a rising star in the American justice system. The 36 year-old Markus is a graduate of Harvard Law School and has appeared in several high-profile cases.

National respect

His success rate has earned him recognition from respected publications such as the National Law Review, which named him among the Top-40 Litigators Under 40 in the United States.

Since 2007, Markus has been cited as one of the US's leading criminal defence lawyers. Among his clients were the Rodriquez-Orejuela brothers, Gilberto and Miguel, founders of the infamous Cali Cartel which operated a multibillion-dollar cocaine trade in Colombia during the 1970s and 1980s.

Markus has also claimed Banton was set up. His plea last month for his client to be transferred to another facility on humane conditions was turned down.

Source: http://www.jamaica-gleaner.com/gleaner/20100425/ent/ent4.html

3/24/2010
An act of kindness by Jamaican reggae singer Buju Banton while being detained in the Pinellas County Jail in Florida has resulted in him being confined in the maximum security wing of the penal institution and has contributed to him losing around 40 pounds, according to his lawyer David Markus.

That's the claim included in an eight-page bond application filed to the United States District Court, Middle District of Florida, Tampa Division, on Sunday by Markus.
The court will hear Markus' emergency application for bond on Friday. Markus said he hopes to have Buju returned to the non-maximum security unit or have him transferred to immigration custody.
Buju and two alleged co-conspirators have been in custody in the United States since last December when they were charged with conspiracy to possess cocaine and aiding and abetting the carrying of a firearm during a drug-trafficking crime.

SHARED A MEAL

The lanky Rastafarian, who is a vegetarian, reportedly shared a meal with a fellow inmate, which is a violation, and was sent to the maximum security wing for at least 30 days. Markus said he was made aware of the situation on March 18.
Since being transferred, Markus said Buju, born Mark Myrie, has been unable to prepare his own meals and "has not been provided with a diet in accordance with his religious views".
In the bond application, Markus also intimated that his client might be the victim of personal attacks by the warders.
"Mr Myrie has been moved from floor to floor in the jail without explanation and treated differently than the other inmates. The decision to place Mr Myrie in a maximum security wing weeks before his upcoming trial suggests that something else is going on," said Markus in his application, which included a footnote naming a corporal "who has had it out for Mr Myrie during his entire stay".
The attorney added that the violation was a minor one not fitting the punishment and that "in sum, Mr Myrie is now in a maximum security wing for caring enough to offer food to another inmate who was hungry and genuinely believing there was nothing wrong in doing so".

DEFICIENCIES

Food and nutrition consultant Dr Heather Little-White said if Buju were not getting his desired meal, he could be losing an average of two pounds per week. This would result in his "mental frame not being as strong and he would become physically weak".
"He would also have deficiencies in vitamins and minerals and would need to be examined by a doctor. Until proven guilty, his likes and dislikes should be taken into account," said Little-White.
Markus said Buju's transfer to maximum security has been affecting his client mentally and physically and, by extension, the legal team's preparation for the start of his trial on April 19.
"For example, this week when counsel attempted to visit Mr Myrie, counsel was required to wait over two hours until he could see Mr Myrie," he stated in his application.
In a radio interview yesterday, Markus said the delay was a ploy to derail his team from winning the trial but that he was "optimistic and we are going to fight this".
Buju's arrest in Florida in December came at the tail end of a troublesome year, which included a number of cancelled concerts in the USA brought on by gay rights groups and an out-of-court settlement with former common-law wife Lorna Strachan after she filed a suit in the Supreme Court against him.
Source: http://www.facebook.com/l/d1735;www.jamaica-star.com