Jurors failed to reach a verdict today so Buju's trial will resume on Tuesday / Jurors retire to deliberate Buju's fate / Buju’s lawyer begs jurors for not guilty verdict as Jury will start deciding B

Jurors in the Buju Banton trial will resume deliberations on Tuesday after failing to reach a verdict today. Monday is a public holiday in the United States.

At 9:37 this morning Judge Jim Moody handed over the case to the jurors after spending more than an-half-hour addressing them on the law in relation to the charges against Banton.

The artiste appeared a bit more relaxed than he did this morning while heading to court.

Banton, whose real name is Mark Myrie, has been on trial in the Sam M Gibbons Federal Court since Monday on charges of conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drug trafficking offence; and using the wires to facilitate a drug trafficking offence.

The jurors were instructed to consider each charge separately.

In instructing the jurors, Moody said in order to reach a guilty verdict they all had to find beyond a reasonable doubt that the defendant was a willing participant in a conspiracy, among other things. Regarding the firearm charge Moody said that the defendant had to knowingly possessed the firearm during the furtherance of a drug trafficking crime to be convicted.

The gun for which Banton has been charged was found in the car of a James Mack on December 10, 2009 during a drug sting operation. Banton was not on the scene when Mack was arrested and the gun found. The prosecution is contending that Banton, Mack and Ian Thomas conspired to possess and distribute the cocaine.

Banton was arrested hours later at his Florida home.

Moments after a panel of 12 jurors retired to deliberate the fate of Grammy-winning Reggae star Buju Banton, Attorney David Markus said the artiste was optimistic.

“We are trying to stay optimistic,” said Markus when asked by the Observer the mood of his client.

At 9:37 this morning Judge Jim Moody handed over the case to the jurors after spending more than an-half-hour addressing them on the law in relation to the charges against Banton.

The artiste appeared a bit more relaxed that he did this morning while heading to court.

Banton, whose real name is Mark Myrie, has been on trial in the Sam M Gibbons Federal Court since Monday on charges of conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drug trafficking offence; and using the wires to facilitate a drug trafficking offence.

The jurors were instructed to consider each charge separately.

 

In instructing the jurors, Moody said in order to reach a guilty verdict they all had to find beyond a reasonable doubt that the defendant was a willing participant in a conspiracy, among other things. Regarding the firearm charge Moody said that the defendant had to knowingly possessed the firearm during the furtherance of a drug trafficking crime to be convicted.v

The gun for which Banton has been charged was found in the car of a James Mack on December 10, 2009 during a drug sting operation. Banton was not on the scene when Mack was arrested and the gun found. The prosecution is contending that Banton, Mack and Ian Thomas conspired to possess and distribute the cocaine.

Banton was arrested hours later at his Florida home

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Defence attorney David Markus in his closing argument this afternoon asked the 12-member jury to find his client Buju Banton not guilty on all four counts of drug related charges.

In a dramatic closing argument, Markus quoted from the book To Kill a Mockingbird, telling the jurors, “please ladies and gentlemen, please find Mark Myrie not guilty”.

Markus called the gun and wire charge against his client absurd, noting that it showed how desperate the prosecution was in wanting to convict the Grammy-winning artiste

An hour earlier, prosecutor James Preston told the jurors that Banton was guilty as charged and that they are to return a like verdict.

Banton is being tried for conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drug trafficking offence; and using the wires to facilitate a drug trafficking offence.

If convicted, Banton faces up to 20 years’ imprisonment.

Banton had originally been tried on charges of conspiracy to possess with intent to distribute cocaine, and aiding and abetting the possession of a firearm during a drug-trafficking offence. His trial resulted in a hung jury last September.

A new indictment was secured last November by Preston in an effort to secure a conviction against the Jamaican artiste, whose legal team is claiming that he had been entrapped by the US Government.

The artiste was arrested in December 2009 as part of a sting operation.
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TAMPA, USA — THE prosecutor today painted a picture of a broke Buju Banton, saying that was his motivation for wanting to enter into a drug dealing venture with government informant Alexander Johnson.

Prosecutor James Preston quoted from the recorded conversation of Banton telling Johnson that he was broke and that his friend Ian Thomas had helped him out financially.

Preston said that Banton's shows were being cancelled and that he needed the cash.

But Banton said that he was not broke and that even though his concerts were cancelled, the promoters had to honour the contracts. He said he was not in the red and that he had made US$400,000 from his tour.

Banton, whose real name is Mark Myrie, is being tried for conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drug trafficking offence; and using the wires to facilitate a drug trafficking offence.

If convicted, Banton faces up to 20 years’ imprisonment.

Banton had originally been tried on charges of conspiracy to possess with intent to distribute cocaine, and aiding and abetting the possession of a firearm during a drug-trafficking offence. His trial resulted in a hung jury last September.

A new indictment was secured last November by Preston in an effort to secure a conviction against the Jamaican artiste, whose legal team is claiming that he had been entrapped by the US Government.

The artiste was arrested in December 2009 as part of a sting operation.---------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Embattled Jamaican reggae star Buju Banton yesterday underwent his most intense grilling during his gun and drug trial in the Sam M Gibbons Federal Court in Tampa.

The artiste was ruffled on several occasions and lost his cool, which showed in the raising of his voice and continuous ranting. This led to him volunteering information that prosecutor James Preston used against him. On several occasions, the artiste insisted on making a statement, ignoring questions put to him.

Banton’s grilling was even more intense than the one he underwent during his first trial last September that ended with a hung jury.

Still, the artiste was passionate in declaring his innocence, a theme he maintained throughout, and had the full attention of the jurors as he spoke.

Banton, whose real name is Mark Anthony Myrie, was taken to task for allegedly making boastful comments to government informant Alexander Johnson about being involved in drug dealings.

Preston asked the artiste why, if he was not a drug dealer, would he make statements that he was a financier of drug ventures, being the successful entertainer he is.

Banton shot back saying that he was just “talking crap” and that if he had been a drug dealer he would not have waited five months to meet again with Johnson after their August 1, 2009 meeting. Banton added that if he had been a drug dealer he would have jumped at the opportunity to invest in the drug venture or connect Johnson to other people in the drug business.

Throughout the grilling, Banton kept repeating that he was not a drug dealer.

At one point the entertainer said Johnson set him up to ruin his life but took responsibility. “It’s my fault why I’m here. I’m too trusting. If I never let Alexander Johnson in my ears I would not have been here,” he said.

On one occasion Preston asked: “You never told him that you did not want to do a drug deal?" Banton responded: “I did not tell him I wanted to do one either.”

Banton took the witness stand at 1:55 pm, and led by attorney David Oscar Markus testified that he was not a drug dealer and that he was very ashamed of his behaviour.

“I’m very ashamed of myself for acting in that manner. I feel like I’m getting a public flogging because I should not do it,” Banton said. “I am very much ashamed to see myself behaving like that.”

He also told the jurors, who could start deciding his fate today, that he was not involved in illicit drug dealings. “I know it may look bad and it may sound bad, but I am not a drug dealer. Yes, I talked the talked, but I did not walk the walk,” he said.

Banton and Johnson had met on a flight from Madrid, Spain to Florida on July 26, 2009 when Johnson brought up the conversation of drugs. Banton said that during the eight-hour flight the two conversed on many topics, including legitimate business ventures and women.

The two men met up the following day and after two hours of drinking and talking Johnson brought up drugs. Both men would have several conversations, most of which were recorded between August and December 8, during which drug trafficking was discussed.

But yesterday, Banton maintained that he did nothing illegal, noting that he took no steps to act on the talks.

Banton said reality struck when he was taken to a warehouse by Johnson and shown cocaine on December 8, 2009, two days before he was arrested. He said he never knew that he was going to be shown cocaine. Had he known, he said, he would not have gone with Johnson.

The video of that event was played for jurors on Tuesday and depicted tasting the cocaine from a knife his friend Ian Thomas had used to cut into the package of the illicit drugs.

Yesterday, Banton told jurors that he was scared while in the warehouse and reality struck that Johnson was a real drug dealer. He said his whole life flashed before him and he told himself to play it cool for fear that he would be killed. He said he was under the impression that he was going to see a sail boat and go for lunch.

He said he backed off and told Thomas to give Johnson his own number. He told the court that he never wanted anything more to do with Johnson from then on. However, the artiste said he and Thomas accompanied Johnson to a restaurant where they drank and that he (Banton) threw up all the way home.

Banton kept repeating in court that he was stupid for doing what he did and for saying the things he did. He said he liked hanging out with Johnson even though he kept talking about drugs. He said, however, that he knew that it was all talk for him and that when he left Johnson’s company he would say “idiot”.

Minutes before Banton took the stand, reggae artistes Stephen Marley and Roy ‘Gramps’ Morgan gave character evidence on his behalf.

Both men said they trusted Banton and did not know of him being a drug dealer. They described him as the voice of Jamaica and a person who did all he could to uplift the people of Jamaica. They said while Banton did a lot of talking, he was not a drug dealer.

The character evidence, which included that of documentary maker Stephanie Black, followed on the heels of the prosecution closing its case.

Also at the end of the prosecutions case, Markus made an application for the dismissal of charges against his client on the grounds that the prosecution did not present sufficient evidence to substantiate the charges.

But Judge James Moody said he could not drop the conspiracy to possess with the intent to distribute cocaine and attempted possession with the intent to distribute cocaine charges. However, Moody indicated that he would consider the application on the charges of possession of a firearm in furtherance of a drug-trafficking offence; and using the wires to facilitate a drugtrafficking offence.

Earlier yesterday, Johnson testified under crossexamination that he never made any drug deal with Banton. He said that it was Thomas who brokered the deal for which he, Banton and James Mack were arrested on December 10, 2009. He said Thomas kept changing the buyers and the amount of drugs required.

Under re-examination from prosecutor James Preston, Johnson said that Buju was a broker in the deal.

The trial continues today.

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TAMPA, USA— Jamaican Reggae artiste Buju Banton took the witness stand this afternoon and testified that he was not a drug dealer and that he was very ashamed of his behaviour.

"I'm very ashamed of myself for acting in that manner. I feel like I'm getting a public flogging because I should not do it," Banton said.

He also testified that he was not involved in illicit drug dealing.

"I know it may look bad and it may sound bad but I am not a drug dealer. Yes I talked the talked but I did not walk the walk," he said.

Banton said he was scared when he was taken to a warehouse where he was shown drugs by government informant Alexander Johnson on December 8, 2009. He said his whole life flashed before him and he told himself to play it cool for fear that he would be killed.

He said he threw up all the way home after the meeting in the warehouse.

He kept saying that he was stupid and that he liked hanging with Johnson even though he kept talking about drugs. He said however that he knew that it was all talk for him and that when he left Johnson's company he would say "idiot".

Minutes before Banton took the stand reggae artistes Stephen Marley and Roy 'Gramps' Morgan gave character evidence on Banton's behalf.

Both men said they trusted Banton and did not know of him being a drug dealer. They described him as the voice of Jamaica and a person who did all he could to uplift the people of Jamaica. They said while Banton did a lot of talking he was not a drug dealer.

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Prosecution witness in the Buju Banton drug trial Alexander Johnson, testified today that he never made any drug deal with the Reggae artiste on December 8, 2009 when Banton was videotaped tasting cocaine in an undercover warehouse.

Johnson said under under continued cross-examination by defence attorney David Markus that it was Ian Thomas that he brokered a deal with and that it was Thomas who found the buyers for the cocaine for which the men were arrested.
He said Thomas kept changing the buyers and the amount of drugs required. But under re-examination from prosecutor James Preston, Johnson said that Buju was a broker in the deal.
Johnson said Buju never cancelled any deal or never told him that he never wanted to see his drug boat.
He also testified that Banton never told him that he was joking when he said he wanted to finance a illicit cocaine deal.
The trial is now in its third day and is expected to last for one week in the US Sam Gibbons Federal Court in Tampa, Florida.

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 FLORIDA, USA — Jurors in the highly anticipated second trial of reggae superstar Buju Banton heard testimony yesterday from lead investigator Dan McCaffrey of the Drug Enforcement Agency (DEA) that there was no evidence that the artiste was a drug trafficker.

In fact, at the end of his cross-examination from defence lawyer David Oscar Markus, it was revealed that Buju did not finance or benefit from the drug deal that he was charged with being a part of.

McCaffrey's testimony yesterday was similar to that he gave on day one of Banton's first trial.

Based on his investigation, McCaffrey said that two men from Georgia known only as Ike and Tyke put up the US$135,000 that Buju's friend Ian Thomas and another man — James Mack — had presented to undercover drug agents when they were busted in a sting operation on December 10, 2009.

In addition, McCaffrey said that there was no evidence of any connection between Buju and Ike and Tyke. The agent also agreed that Ike and Tyke were the buyers of the drugs for which Banton was arrested.

McCaffrey, while making these admissions and agreeing that Mack was a courier for Ike and Tyke, maintained that Thomas and Buju were the ones who brokered the drug deal.

During his opening statement to jurors, prosecutor James Preston said that Buju's role had shifted from seeking new avenues to expanding his multimillion-dollar drugs enterprise to that of a broker.

Preston told the jurors that Buju was actively involved in the conspiracy to possess and distribute cocaine, noting that he would provide the evidence to back his statement.

But during his address of the jurors, Markus presented a checklist of 10 reasons why his client is not guilty, chief among them is that Buju had backed out of earlier drug talk with Johnson on December 8, 2009 after discovering that Johnson was a real drug dealer.

Following yesterday's early adjournment, as a result of a juror falling ill, Buju and his lawyer emerged from the Sam M Gibbons Federal Court in Tampa and gave brief statements to the press. Markus said that he was pleased with how the day had progressed.

"We had a very good day," Markus told a throng of reporters. "We feel good. I feel the same way Mark [Buju] feels, that once the jurors listen to the facts they will find him not guilty because he's not guilty. He's innocent."

Buju had moments earlier told reporters that he was thankful for the jurors who were selected and asked that they pay attention to the facts of the case.

Two hours were spent yesterday morning selecting the 12 jurors who would decide Buju's fate. The panel is comprised of three African-American women.

The artiste is being tried for conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drug-trafficking offence; and using the wires to facilitate a drug-trafficking offence.

If convicted, Buju could be sent to prison for 20 years.

Earlier in the morning, Buju, dressed in a dark suit and blue shirt, kept a cheerful demeanour, laughing and chatting with his attorneys. At one point as they stood for the entrance of the jurors, a member of Banton's legal team could be seen rubbing his back in a comforting way as they spoke.

In his opening address to the jurors, Markus petitioned to his client to stand, "This is Mark Myrie and he is not guilty," the lawyer said.

Markus told the jury that the artiste had no connection to the gun for which he was charged and that he had no connection to the drugs or the players in the deal.

But Preston said that Banton was a drug dealer and that the evidence would prove it. He told the jurors that at the end of the evidence he would be calling on them to convict the artiste, adding that America was depending on them.

Yesterday, Markus painted Johnson as a con artist, saying that he had set up Banton for financial benefit. Jurors were told that Johnson was paid US$50,000 for his part in the Buju Banton investigation.

Johnson, a former drug dealer turned informant, has been paid a total of US$3.3 million for his work with the US Government since 1996.

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A member of Buju Banton's security detail rushed to the embattled Reggae artiste's hotel room yesterday afternoon thinking that something had gone wrong after he heard loud shouts coming from inside.

However, the security officer's fears were calmed when he realised that Banton was celebrating news of his Grammy success.

Banton was meeting with his legal team in his hotel room in Tampa when he received news and started celebrating.

"I thought that something was wrong when I heard the noise," the security officer told the Observer. "I went to check it out and found out that he won the Grammy."

Banton won the prestigious award for Best Reggae Album for his project, Before The Dawn. This was his first Grammy award, having been nominated in previous years for Rasta Got Soul in 2009; Too Bad in 2007; Friends For Life, 2004; and Inna Heights, 1999.

"He is elated, man," one member of Banton's entourage told the Observer.

The announcement of the Reggae Grammy was made hours before the Grammy Awards show in Los Angeles, California last night.

The win has cast light on what has been a somewhat gloomy past 14 months for the artiste who has been at the centre of a drug trial which resumes this morning in the Sam M Gibbons Federal Court in Tampa, Florida.

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73. Best Reggae Album

 

 

 

JAMAICAN reggae artiste Buju Banton will be facing four charges instead of two when he goes on retrial in a US federal court next Monday. Judge James Moody yesterday afternoon dismissed a motion by Banton seeking to have the new indictment thrown out.

"...We are going to trial on Monday on the new charges. That's okay. We are ready," attorney David Oscar Markus told the Observer yesterday.

The four-time Grammy nominated artiste whose real name is Mark Myrie, had originally been tried last September on charges of conspiracy to possess with intent to distribute cocaine, and aiding and abetting the possession of a firearm during a drug-trafficking offence.

Banton will now be tried for:

* conspiracy to possess with the intent to distribute cocaine;

* attempted possession with the intent to distribute cocaine;

* possession of a firearm in furtherance of a drug-trafficking offence; and

* using the wires to facilitate a drug-trafficking offence.

The prosecution had secured the new indictment with an additional two counts last November after Banton's first trial ended with a hung jury in September.

Banton is to be tried in the Sam M Gibbons Federal Court in Tampa, Florida. If convicted, he faces up to 20 years' imprisonment.

Banton was arrested in December 2009 as part of a sting operation following the arrests of two men, Ian Thomas and James Mack, in Florida and was slapped with the drug and weapon charges. The men, who pleaded guilty to the charges last year are expected to testify during Banton's second trial. They did not participate in the previous trial.

The second trial was to have started last December but was postponed so Banton, who is on US$250,000 bail and is subjected to house arrest, could spend time with his family.

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JAMAICAN reggae artiste Mark Myrie, better known by his stage name Buju Banton, will on February 14 — Valentine's Day — begin another battle for his freedom in a federal court in the United States where he will be retried on drug and gun-related charges.

The date was set yesterday by Judge James Moody for the highly anticipated second trial in the Sam M Gibbons Federal Court in Tampa, Florida.

 

"February 14 is Valentine's Day. We hope the jury gives us some love," said the entertainer's attorney David Markus, who expressed hope that his client would be acquitted.

Added Markus: "Buju is optimistic and hopeful. He is in good spirits. He is a rock. No one realises how hard it is to fight the federal government in one trial, let alone two."

Banton was last tried in September on charges of conspiracy to possess with intent to distribute cocaine, and aiding and abetting the possession of a firearm during a drug-trafficking offence. However, the 12-member panel of jurors was unable to reach a verdict following three days of deliberations. That trial lasted a little over a week. The second trial is scheduled to last as long.

The trial was supposed to start last December but was postponed so Banton, who is on US$250,000 bail and is subjected to house arrest, could spend time with his family.

It is not yet known if Banton will be tried on the previous charges or the additional charges tacked on by the prosecution in a new indictment. The new indictment is being challenged by the entertainer's legal team, and both the prosecution and defence are awaiting a ruling on the matter.

Should the new indictment stand, Banton will be tried for conspiracy to possess with the intent to distribute cocaine, attempted possession with the intent to distribute cocaine, possession of a firearm in furtherance of a drug-trafficking offence, and using the wires to facilitate a drug-trafficking offence.

If convicted, Banton faces up to 20 years' imprisonment. The United States Government would also seek to seize the artiste's assets.

Banton was arrested in December of 2009 following the arrests of two other men, Ian Thomas and James Mack, who subsequently pleaded guilty. The gun was actually in the car that Mack drove.

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The Bayfront Park Amphitheatre in downtown Miami was bursting at the seams as fans of the embattled reggae star, Buju Banton turned out in their numbers for his Before the Dawn Concert here yesterday.

At the time of filing this report, the Reggae star, who has been facing drug charges in the United States, had not yet taken the stage. However, all the artistes who performed, gave a good account of themselves.

Young act Richie Loop came to Miami and emptied his "cupp," kicking things off in great fashion. He was followed by Everton Blender who raised the tempo inside the venue and had the patrons rocking to his popular tunes, Lift Up Your Heads and Ghetto People Song. Despite his short stint on stage Blender was in fine form and the audience loved him.

The bar was raised even higher when former teen queen, Nadine Sutherland, took to the stage. If her performance was to be rated out of 10, she definitely scored a 9.99, giving "action, not a bag a mout" and left the crowds roaring for more of her infectious performance.

Freddie McGregor was up next and his Big Ship sailed across the Miami Bayfront, delivering the hits he is known for.

The Jamaican artiste who had the most international visibility for 2010, Gyptian, also took to the stage to support his fellow artiste. He delivered his big tune, Hold You, much to the delight of the Miami audience.

There was a strong contingent of police at the venue, and this was a poignantly brought home by singer Mykal Rose who burst onto the stage with the opening line of his popular song, "Police and thief inna shoot-out."

This opening segment of the show also featured Gramps Morgan, who has collaborated with Buju Banton for a haunting rendition of Psalms 23. Morgan gave another of his signature performances. Another of the early standouts was Wayne Wonder. Many will remember that he was the first to call a young Buju on stage back in 1990 introducing the 'Gargamel' to Jamaica and the world. Wonder did well to ignite his fans in this city.

If there was one downside to the event, it was the stringent policy put in place to deal with members of the media who journeyed from all over the world to cover the event. Only when the media arrived at the venue for accreditation were we informed that only the first five minutes of each performance could be videotaped or photographed. In addition no photos of Buju Banton could be taken while he is on stage. This resulted in the media being herded out of the 'pit' after the first few minutes of each performance.