'Buju' stands alone

Second co-defendant signs plea bargain deal to testify against J’can reggae artiste

BY KARYL WALKER Online editor walkerk@jamaicaobserver.com

Thursday, September 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.

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COMMENTS (26)

Anancy Bedward
9/16/2010

For such a high-profile person Buju should have been way more careful. The prosecution says they have him on video testing the drugs. If true, how do you beat that? Those who are in the game and have been in the game know that people will become state witness once they face a long stretch behind bars.
.
It is very sad but Buju has no one to blame but himself.

PL BOGLE
9/16/2010

@ Jay Brown.All they have to is to prove that two or three people join in a in a secret agreement to do an unlawful or wrongful act , this is CONSPIRACY in the USA this crime can be a very long prison term so lets hope for the best for Buju.

Donna Watts
9/16/2010

Jay Brown,
If the case was so weak against Buju why is sitting in jail for so long? maybe you know something that his lawers and the US Law enforcement don't know so, why dont you get intouch with his lawyer and help him out?

Ras Rose
9/16/2010

Not because some afro american succeed in america and there is now a afro president dosen't mean racism don't exist . it's apprant for some mental slavery has overtaken the brain

Peter Lawrence
9/16/2010

America STILL negrophobic? I suppose its one's perception. Blacks are doing darned well there in many, many cases. How many of them want to repatriate to Africa or the Caribbean? Black GNP is probably comparable to Canada. A merciless gunman and/or a black boss who cows underlings on threat of being fired is more negrophobic than most american whites. Esp. those who voted in 'Bama. If you have a profession , marry in your race(,a black wife), no drugs , you can get VERY far in white AMERICA.

Elli Deedo
9/16/2010

@ King David, my brother dont waist your time listening to some of our black people. Some times ago a former Governor said in his out going speach, that the American Justice system is very unfair to the Blacks. He had on several times refused to Sign the death warrant, because most of them have been poorly represented in Court, and some are not Guilty of the Crime they were Charged for.This is a White Man. He further argued about the poor conditions they are living in at the Prisons.

pete delisser
9/16/2010

...if the case is "so weak", he wouldv been granted bail long time ago, his own codefendants would not be now wanting to testify against him. This is major...but eventually, the courts will decide...For a man of his fame, BUJU shouldv used his platform more positively, Im so over all the hate & negativity in his music. God mustv beeen listening....I wish him the best...& regardless of the outcome he might see the light!!

kay kay wits
9/16/2010

Poor Buju. Dem set yuh up big time...suh life go..Freedom of speech not so free after all.

howie J
9/16/2010

What is the source of the right-wing power in the U.S? Why is it that they express so much confidence in a system which quickly destroys the Black Panther movement, Marcus Garvey movement, Malcolm X and Martin Luther king? Why has the right-wingers, thru the American media, able to motive abortionist killer and museum shooter, yet they are only contacted, after the act, but blacks are found, convicted or killed for merely expressing their reaction to white hate?
The aim of America is to return blacks to the cotton fields.

howie J
9/16/2010

After travelling and working with Africans, Europeans, Asians, West Indians it took the Americans to convinced me that if there is a devil their must be a God. I was at the verge of rejecting God and then I discovered that Satan lives in the hearts of many agents of the United States government. I am not talking about people who commit evil because of their economic situation; I am talking about men and women who operate behind the scene and devise evil in their hearts against innocent black people.

Wilfred Gray
9/16/2010

They will do anything, in an effort toget`buju` the ultra-leftist,liberals,crews,knew what we are speaking a`bout.
If,one statement,recieved` friday,contradict a next statement given later,under coerced conditions,that is `creates` doubts` sufficiently.
Their is a God,watchin`-Free buju!

Duncan Bertram
9/16/2010

"Have u ever heard a caged bird sing, there is a time and place for everything", Buju Banton. There is no honour amongst some men Gargamel.

Christopher Lloyd
9/16/2010

There are many lessons that can be learned from Buju's story. One, trust no one; I'm sure the prosecutors realized they wouldn't have a case against Buju as it appears, from what I've read, that his friends were caught with the drugs and not Buju himself. Obviously, his "friends" were coerced into testifying against him. Secondly, "freedom of speech" as referred to by Uncle Sam is only a facade. They have been looking for a reason to crucify Buju ever since his controversial song was released.

Elli Deedo
9/16/2010

@Thor bergers, Please try to improve effeciency in your study and learning. And stop being a nuisance:)

Ami Dat
9/16/2010

This case sounds very fishy. It's sounds like they are out to get Buju. How is that one of the co-defendants signed an affidavit that they didn't know him before....now is willing to testify against him??? That's the way prosecuters and detectives in the U.S. do things. If they have a chance to snatch a "big fish" they will deal with the devil. They will give a murderer reduced sentences if he testifies against someone (whether true or not because it makes their job easier). I've seen it

n smith
9/16/2010

The Observer really needs to do a better job if they wish to be considered a credible newspaper. The county is Florida is Pinnellas County, not Pineolas. This kind of mistake should not be in a National Newspaper. It does not make the country appear intelligent.

Kweli Simba
9/16/2010

The police has a video of the Gargamel tasting the coke. Is that enough? I don't know. The other big question is, Did Buju make a deal or offered money for the alleged drugs? Was he just in the wrong place at the wrong time? Based on the current information, the layman's interpretation would be that he was set up since all the so-called co-conspirators are diving overboard. One hope that his attorney will bring to light the criminal backgrounds of the other defendants and the lack of evidence.

KING DAVID
9/16/2010

Thor Bergers...dont let your ignorance get the better of you. Elli Deedo statement on the plight o blacks in America and the legal system is an old fable. living here for 30 years, there's nothing new pertaining to the mistreatment of Afro American by the legal system thats surprising to anyone of us here. I will forgive your ignorance, but Afo Americans rights from the enacting of the US Constitution till now, was never framed to include "all men are created equal" Afro American. Still 3/5

Jay Brown
9/16/2010

The case against BUJU is very weak and as such I expect him to be released in a hurry.
If you examine the documents and evidence, there is nothing really there on which to convict him.
Its like I say to a man I am going to do this or that, I do not follow through on my plans but the guys who I told decided to cut me out me and execute the plan himself, they get caught.
The fact that I spoke to those guys and it was recorded now becomes the evidence against me, really.
Weak case in my mind.

brigitte gordon
9/16/2010

i am so, so sad that this is all happening this way eventhough i am still so, so disappointed in Buju. he still is and will remain in my prayers always.

Yard Vibz
9/16/2010

Suh wha dem seh, di driva detour & left di boss fi hol a cab! Ah wonda a whey dem ah plan fi live afta incarceration. Anyhow, the stance stumbled upon by Mack & Thomas, further solidifies the seasoned theory of a distinguished economist whose work emphasizes the 'benefit & cost factor.' Myrie’s dilemma, although unpalatable, serves as an alert signal for the 'get rich quick' posse. And despite the outcome, at some point, he will realize that yard runs different from foreign. Best wishes, boss!

Nicolas Henry
9/16/2010

Rasta got 'WOES'. Boy Buju if a mi like yuh mi would plea bargain, do some time & get dip. Buju it nuh look good. dem have yuh cornered. member seh a nuh 'JAMROCK "yuh deh.

emeleo ebanks
9/16/2010

who could ever believe that three words could change buju's life so much, boom bye bye, if he is innocent he now needs to chant till Shiloh even more. However if he is guilty he must pay

Duncan Bertram
9/16/2010

"What a controversy dem bwoy deh nuh hav no mercy". At the end of the day it is all in your honours hand, so man can chat all dem want.

thor bergers
9/16/2010

mr elli this is nonsense of course. first you say you don t know the case, then you say america is e negrophobioc (?) colony. it s a simple proof of clan mentality. you don t care about the facts. you don t even want to consider whether BUJU himself might ve caused himself his unfortunate state. and how you know that his lawyers know the ropes, again wishfull thinking
why don t you try to look at facts instead of knowing everything better. Me i don t know the facts, so i don t judge

Elli Deedo
9/16/2010

This is a very unfortunate state of affair for BUJU. However let's pray for the best result on his behalf. His Lawyers are professionals,and they know's the ropes. We on the outside just cannot make any allegations about Buju. What I can say from reading and listening to experience people; is, there is not much Justice for the Blacks in America, and it is plain to be seen, not specifically about Buju. America remain's a Negrophobioc Colony. The Inaguration of a Black President have proven this.

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'Buju' stands alone