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Buju lawyer to appeal case

Artiste faces lengthy prison sentence

BY PAUL HENRY Crime/court co-ordinator henryp@jamaicaobserver.com

Tuesday, February 22, 2011



ATTORNEY representing Reggae star Buju Banton, David Oscar Markus, has signalled his intention to appeal the guilty verdict that was handed down in the United States Sam Gibbons Federal Court today.

Banton was declared guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence and using the wires to facilitate a drug-trafficking offence by a 12-member panel of jurors.

However he was found not guilty of attempted possession with the intent to distribute cocaine.

The artiste hugged Markus when the verdict was read while many of his supporters left the courtroom crying. He has been detained and has had his bail revoked.

Banton was arrested at his Tamarac home in South Florida in December 2009, a day after his co-defendants Ian Thomas and James Mack were arrested in a government controlled warehouse in Tampa, Florida attempting to buy cocaine from Drug Enforcement Agents.

He was jailed for almost 11 months in the Pinellas County Jail and his first trial in September last year ended in a hung jury forcing US Judge Tom Moody to order a retrial.

The artiste has consistently pleaded his innocence and claims he was entrapped by the US government.



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COMMENTS (31)

kerr anthony phillip
2/22/2011
FOLKS, MI DON'T KNOW IT ALL, MI KEEP TELLING US ALL! HE HAD TO BE CONVICTED! THIS IS MUCH BIGGER THAN BUJU...BUT IT HAD TO START WITH HIM, prime candidate. THEY NOW HAVE THE AMMUNITION logically to go at DUDUS, who they really do not care about either.
THEY WANT THE PRIME MINISTER OUT!
AND THAT IS EASY TO SEE!
but with all these hypocritical attacks OUR LEADERS PLAY!
buju you were just the one jah chose because you are internationally known. INJUSTICE REVEALED.
howie J
2/22/2011
Mr. Lawman, what is going now in Jamaica has much to do with the U.S destabilizing the Michael Manley government. After world War 11 the U.S government went around to all black independent British colonies in the Caribbean and Africa and destabilized their young democratic governments.
If talking the true means to hate then I will be silent at the oppressive Muslim governments and I will never say another word about what I deem to be wrong with America.
Who introduced crack cocaine in black communities in the U.S.?

Jakan 2011
2/22/2011
Did Mr Markus ascertain the verdict? This is a serious question for I cannot believe any group of 12 would come to this verdict based on the evidence given.
I (and my brother) worked in the Courts and found out that many of those juries did not understand "unanimous verdict".They would say, "it unanimous man, a 7-5."only to find out that when they answered the judge yes to the question. so are you all agreed? They actually meant yes they agreed it was a 7-5 verdict and not a 12 -0 verdict
Jay Popsy
2/22/2011
Choices come with consequences...how was he ever gonna mitigate the video evidence of him tasting cocaine.. He might have been set up...but nobody put a gun to his head.
Eagle Eyes
2/22/2011
He has not been sentenced yet. This lawyer had better be carefull he does not infuriate the sentencing judge.We all know Buju had ruffled feathers with his BUM-BYE-BYE recording; I say that to say; Does this lawyer know of these judges sexual prefrences? It had been rumoured that THE GAY RIGHTS GROUP was on a mission to get BUJU one way or the other. That's why I cannot understand how he could have allowed himself to be engaged with a little know SPY. All I can say is TOUGH LUCK. God be with U
Mr Lawman
2/22/2011
HowieJ@ You are making this about race and not the facts. Are you saying Buju don’t can't read, not sure what your point is on that issue. Like most Buju's sympathizers on here the race card is all you have to play. Look at the FACTS/EVIDENCE IN THE CASE; IT SPEAKS VOLUMES AS TO HIS COMPLICITY. It was never about destroying a black man’s life; it's about enforcing the law. If Buju never had the intent he would not be a convicted drug felon today. We need to step up and be accountable.
St. Ann
2/22/2011
And I have one more thing to say, the gay communality have so much influence in the music industry but yet Buju is a Grammy winner.
howie J
2/22/2011
Mr. Lawman, the problem with this case is that most Jamaicans don’t read, so they have no idea of the depth to which American law enforcement will go to destroy a black man’s life. Don’t come here and talk as if this is not coming from the heart of the U.S. government. Everything from the tape recorder to the Colombian criminal, the money, the drugs, warehouse all belong to the US government. If Buju was involved in drugs then they would have used one stone to kill two birds by allowing Buju to lead them to outside drug sources. What problem was solved at government’s expense?
Yardie Luke
2/22/2011
So let's see how this works. He was tried once and because he was not found guilty the first tine the government says "My bad. Let's do over." Very sad.
St. Ann
2/22/2011
@ Peter Pan. I agree 100%, Buju was an undercover drug dealer and that is a fact, and all them so called law abiding bloggers on this forum should be ashamed of themselves for defending this man.
Michael F.
2/22/2011
Hope buju learn from this. Only time will tell.
Peter Sparks
2/22/2011
@ anonymous: Even if the DEA deliberately placed an informant next to Buju on the plane. Why washe dumb enough to be "running his mouth" about such shadowy acts to a man you don't knmow?......
Peter Sparks
2/22/2011
@ Mr. Lawman agreed! Buju does have to take some responsibility for this. I had asked some questions regardign how did Buju manage to get himself in suc ha mess - and was censored by the Oberver!
@JG: You are correct; the lawyer did the best he could. even Buj said so at his most recent concert, 'Him black like we!" Buju's words when hemade refference to his lawyer, David Marcus
george watson
2/22/2011
What a powerful group of people? God is still in Heaven.

2/22/2011
lots of people are saying that bujo put himself into the problem but one thing i would like to find out how is it this dude got to sit beside him on that flight of all the seat on that plane if this is not a set up buy u all know which group well i dont know
Peter Pan
2/22/2011
What a lot of people are overlooking is that his two co-conspirators copped a plea deal very fast and one very close associate of his in particular, surely spilled his beans about “past activities” that the US Government already knew about. That is why the case was retried. This case did not start with the meeting on the plane.
-
In the drug business, associates talk and his name was already called. Drug Dealers are whims and would sell their mother to lessen their jail time. Remember his words….I was an investor/financier…there are a lot of those upstanding Citizens of our country who don’t directly touch the stuff, but are active participants in the financing of the “deal” (even women). He will serve five years and eventually be deported to Jamaica…lesson learnt!

Truths N Rights
2/22/2011
I wander when two people Ike and Tike are going to be arrested .They where the ones who paid for the drugs.It seems stranges these GUYS just appear give up the money and then disappear.Look like they slip through the back door.
St. Ann
2/22/2011
It is very sad to see someone with so much talent like Buju who have so much to gain, and because of the pursued of vanity he sacrificed is freedom. You cannot sing about Jah.and not doing the right thing, Jah won't protect you,and most of all your prayers won't be answered.
Mr Lawman
2/22/2011
Tried and convicted by an impartial and diverse jury. The evidence (video and phone conversation) of Buju nuh lie... His own words and actions led to his conviction so let’s not blame it on race or the gay lobby. It appears that some Jamaicans on here are so blinded by ignorance they refuse to accept that fact that this man committed a crime. I’m not surprised really, look at the state of jamaica right now and what’s going on with the government and society in general.
J G
2/22/2011
sean x, respectfully disagreeing, Buju's laywer did the best with the little he had to work with, personally i was touched with the passion he had for seeing Buju go free how integrated he was into bujus life. yes he was being paid but i do believe he went above and beyond. Fact is it was a hard case to win, the conversations and the video was damning! Markus did the best he could, nuff respect to him.
sean x
2/22/2011
This case was way too big for attorney David Oscar Markus. Buju should have gotten a real lawyer!
Jaime Clarke
2/22/2011
i support the appeal!
Esmore Gillings
2/22/2011
I was really hoping for a different verdict, but I wasn't too confident after the telephone calls allegedly made by him to the informer on the day of the bust.
Personally, I think the jury erred in some aspect of their deliberation.
Marcia Williams
2/22/2011
My heart goes out to Buju Banton. Hope that his lawyer can appeal his case and he can get another day in court, but for now he has to be strong and keep the faith.
Island Patriot
2/22/2011
"He has been detained with his bail revoked", that doesn't bode well for the appeal already.
Peter Sparks
2/22/2011
They are clamping down hard on the Jamaicans and thier illicit and percieved illicit activities! Bad man, or wanna be bad men. Please represent your country properly. Stop de' nonsense!
Yes, JA gets blamed for a lot of the nonsesne that is also perpetrated in the USA, but mek' we clean up our own backyard before de' yankee come an' sey' dem waan' fi dweet fi we'! We not going to like what and how dem dweet'!...
Brooklyn Jamaican
2/22/2011
The worst thing is he put himself in a bad situation. However it all went downhill when eh had 3 so called African American women on the jury. Trust me. Those southern Negroes are bought and paid for.
Peter Sparks
2/22/2011
@ PAUL HENRY: Ok, so how many years is he looking at, posssibly? Can you get som hypotheticals until the final word coems down from the Judge?
THX
BIG berrick
2/22/2011
He should of took the plea deal they offered him for 2 yrs in prison. He would have already done a yr and change & have only a few more months left. Plus he would have saved tons of $$$$ by not having to facilitate/ finance his lawyer for another case.
BIG berrick
2/22/2011
He should of took the plea deal they offered him for 2 yrs in prison. He would have already done a yr and change & have only a few more months left. Plus he would have saved tons of $$$$ by not having to facilitate/ finance his lawyer for another case
Chris Harriott
2/22/2011
Well let's see where it goes from here.

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