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News

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, 2011



TAMPA, 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.

Banton, who will be taken to a federal prison in Miami next week, was philosophical in a message he sent with Markus telling his children to hold strain.

"To my family, especially my children, remember our little song, Love the Lord and do no evil. The man is not dead, don't call him a ghost," the message read.

Banton appeared in court dressed in prison garb and shackled at the feet. He watched silently as Markus appealed to the court for a lighter sentence and waved to his supporters before flashing a brief smile as he was whisked out of court.

After listening to Markus' submission, Moody indicated that he was bound by law to hand down the mandatory 10-year sentence and agreed with an earlier argument by prosecutor Jim Preston that Banton's participation was key to the drug deal and that he expected to profit from the deal despite limited participation. However, the judge did not concede to Preston's request for a lengthy sentence.

The judge also dropped the charge of possession of a firearm in furtherance of a drug offence, citing that Banton did not know that his two co-defendants — Ian Thomas and James Mack — were in possession of an illegal gun when they were arrested attempting to purchase a large amount of cocaine from federal agents in a police controlled warehouse in Tampa, Florida.

Preston, who argued that there was a difference between Buju Banton the "joyful" reggae artiste and Mark Myrie the drug dealer, appeared peeved when the sentence was read out and declined to speak with reporters outside the Sam Gibbons US Court when the matter ended.

Outside the court, Markus told reporters that he would be moving speedily to secure the artiste's release in an appellate court in the neighbouring state of Georgia. If successful, the artiste could be out in less than the six years projected by Markus, whose legal team also included Margo Moss and Dave Seidel.

"We are hopeful, we are still optimistic, we are very thankful that the judge did that today and now we will appeal to an appellate court in Atlanta, Georgia," Markus said. "Three judges will hear our case on the 10-year drug count that is left and we will be arguing that the evidence was insufficient on the drug count and that there was entrapment as a matter of law because of that scoundrel Alex Johnson. Mark Myrie is my brother, and I am going to keep fighting until they tell me to stop fighting."

Johnson is the confidential US Government informant who approached Myrie and enticed him with arguments about illicit drug dealing during a flight from Madrid, Spain to the United States in 2008.

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.

Markus also had praise for the Pinellas County Jail correctional staff, who he said treated Banton fairly but said the artiste would fare better in a federal facility.

"Federal prison is not easy, but it's better than the county prison where he is at. The people at the county have been nice to Mr Myrie and to us and they have been treating us well, but we are looking forward to getting him to a more permanent place where it will be a little easier on him," said Markus.

Reggae singer Wayne Wonder was the artiste who introduced Banton to the world at the Sting dancehall show inside the National Stadium in the early 1990s, and the two have been close friends ever since. Throughout Banton's troubles Wonder has been a pillar of support to his close friend and yesterday after the sentence was handed down, he gave an objective view on Banton's fate.

"It is not good, but it could have been worse. Buju is a very strong person for all that he has gone through. I don't think I could have endured it," Wonder said.

Gramps Morgan has also been firmly supporting Banton during his tribulations and was also thankful that Banton was not slapped with a longer sentence.

"I am still praying and I give thanks to the most high for the leniency of the judge for understanding, because the judge's job is to follow the law and the law is mandatory 10, so he couldn't do anything about that, but still he dropped the gun charge. So we give thanks that it's not more. We are not looking at 15 or 20 years," Morgan told the Observer.

Another close friend of Banton who identified himself as 'Rueben' was hopeful that the appeal would end in the release of the artiste.

"All I have to say is, this is not the end," Rueben said.

In December last year, Banton was granted bail on condition of house arrest. He was allowed to perform at a benefit concert in downtown Miami to raise funds for his legal fees going into his second trial after the first trial ended in a mistrial when a 12-member panel of jurors could not unanimously decide his innocence or guilt.

Under the conditions of his bail he was ordered to a wear a monitoring device and was only allowed to leave his home to purchase medication or to see his lawyer. He was also ordered to foot the bill for a security detail that would ensure that the conditions of bail were not violated.

Buju Banton will be deported after he finishes serving his sentence.



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COMMENTS (18)

robert chang
6/25/2011
Could we as Jamaicans invite a white usa singer to show him some boats and then have him on camera tasting cocain instead...then rally to put him in prison? after the initial bait and set up? do you seriously think the usa would let that happen to a white singer by us Jamaicans? Who do you think you're fooling, this is injustice, F the whole a dem.
howie J
6/25/2011
@Nate Pierce, I used to work on Trini ships. The Trinis would talk crap continuously about Jamaica’s crime and drugs problems. Wherever we sailed to, the 2 or 3 Jamaicans cabin would be the first to be searched. However, when the U.S. DEA set up their cameras in New Jersey, none of the drug dealers who were captured on cameras, and none of the crew members who were given up to 38 years in prison was Jamaican. They were all Trinis. They were shipping cocaine from Trinidad to the US and then bringing back cavalier jackets and high powered weapons to Trinidad. If Jamaicans are engaged in drugs I can understand, but not Trinis with their large oil reserves. Not rejoicing, just saying, never wish bad for people.
Xavi Singh
6/24/2011
oh well another Jamaican hater, why does the other Caribbean countries despise Jamaicans?Are they intimidated by us?We have some of the best musicians, Bob marley, the fastest sprinters,we know how to party, we speak differently from them, our accent, and they say our women are pretty.They claim our women steal their men, no wonder that woman claimed she was finger raped in Barbados.Don't envy us.Buju is no drug dealer.How did a paid informant end up on a plane, seated next to him,huh?
Nate Peirce
6/24/2011
Many West Indians come to the US to improve their lives -get an education an/or a better job than that, which would have been available in their home land. Those who become involve in crime, especially the sale or use of illegal drugs, deserves the full extent of the law. Illegal drugs are destroying our society. Mr. Buju should have received the full penalty -15 years in jail- then be deported, and never allowed to return to the US. P.S. I was born in Trinidad, came to the US in the sixties.

Xavi Singh
6/24/2011
This also tells you that buju is no drug dealer.Which drug dealer you know, would sit on a public passenger plane and discuss drugs, with a stranger?to make matters worse he's a well known entertainer.Even when you are the biggest gun runner,drug dealer, you'll pretend you never saw a gun before .It's only big talkers, who are exaggerating, does these sort of things,
Xavi Singh
6/24/2011
well everybody will now say that this could not happen to them, but it can, if you are a big talker like buju.Me, i don't really talk to strangers,so if this guy was just chatting to me i would be saying yes, no, maybe so, and hope that he shuts up when he realizes i'm not really saying anything.And if he continues to talk, my guard would be up, because the next thing i would begin to wonder is, if he's gay,that's how i am, but if it's a very hot lady, it would be a bit different.
Duque Molton
6/24/2011
I do think his lawyer is very sincere as well Tom Stroke. However, I agree with tickyticky fish that he should save the money for the appeal. Unless his lawyer is doing it for free, he needs to remember that he will be gone for about 3 years and has 15 kids to feed....
Jus Irie
6/24/2011
Buju's overwhelming message to his family and fans should be "Keep your dmn mouths shut when dealing with the Yankees". I've been living in the US for 16 years and the 1st cultural difference I noticed was the lack of a sense of privacy. They tend to be willing to divulge their darkest secrets 5 minutes metting you and expect you to do the same. He should have ignored that fool on the flight and took a nap.
John Smith
6/24/2011
I hope he emerges from this a better man. The best to him and his family.
Trudi Brown
6/24/2011
When art imitates life...so sad!
pete delisser
6/24/2011
well said ticky ticky. No stranger could ever entertain me with those type of drug deal arguments, simply, cuz I dont entertain it, not involved in it...Wish BUJU well, & hope he will use the time incarcerated to reflect on self, rehabilitate..and preach love..love love.
Tom Stroke
6/24/2011
@tickyticky fish I will agree with you that one has to be very careful, particularly when speaking with strangers. However, if someone set out to do you wrong then they may just get you when your guard is down. Remember that Buju was getting phone call by this man months after the plane conversation. One have to remember that there are wolves in sheep clothing among us. So while we all are wiser as a result of Buju's demise we need to remember he is human who is capable of making mistakes.
tickyticky fish
6/24/2011
@ Tom Stroke Alex Johnson is a "scoundrel" he could never ever entraped me in this life time or any other life time. I traveled to many countries and chat to many strangers but I know what kind of argument to chat about especially on a plane.
Tom Stroke
6/24/2011
I think i like the attitude of this lawyer David Markus. I get the feeling that he sincerely believe in Buju and is trying to do his best. I particularly like his description of Alex Johnson. I too would like to describe him with some choice colorful Jamaican adjectives but it would not be appropriate for this medium. So I too will stick with scoundrel.
Deanna W
6/24/2011
not a fan of Buju lifestyle....but murderes....child molesters....cops who shoot people in the back get a lighter sentence. shake my head
tickyticky fish
6/24/2011
Buju Banton must thank God that he got a light sentence becauce he was facing 15 years to life. he must remember that God do not like uglyness.
Buju must not spend his money on a lenghtly appeals only the lawyers will benefit from the appeals he must save his money for when he is deported back to Jamaica he will have enough Funds to start over again. I hope other Jamaicans learn from Buju's experience that the US is not Jamaica where certain people committed crimes and get away with it.
Nicolas Henry
6/24/2011
Going to prison can be very helpfull. Time spent is often times used by one to reflect on their life and how to be a better person upon release. I would hope that when he's released, he's comes out blazing with two song. One against drugs use and abuse, & another promoting family planning. A man 38yrs old with 15kids from multiple mothers isn't a good example for any, especially the black race that struggles with many out of wedlock kids & single parent household.
Trevor Dawes
6/24/2011
The good news is Buju's sentence includes time already served and combined with good behavior credits his time incarcerated could be less than the time handed down. The appeal to the appellate court in Atlanta, if successful would be great. The bad news is that once he's deported he'll be considered persona non grata and not allowed back into the US where he could make money performing. Oh well, there the rest of the world to conquer, Buju. Bob did it and so can you.

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