Buju trial jitters - jury unable to reach unanimous verdict

Reggae artiste's fans nervous but hopeful

Saturday, September 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.

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COMMENTS (15)

Dan cee
9/26/2010

I do not know whether or not Buju Banton is guilty of a crime.I do know however that the burden of proof rests with the government and judging from what I have read in the newspapers they have not proven their case beyond the shadow of a doubt,although it is uncertain if they need to in this case.Everything is in the hands of the jury.Buju I wish you the best.

9/25/2010

This is not a easy case,what Buju have going for him is that he did not when out looking to buy cocaine,he was approached by someone who is working for the govement,that alone is entrapment.What he has going against him is the fact that he stated the cocaine.I am sure the jury are asking,if he is not a drug dealer or user,why would he taste the cocaine?,how does he know what cocaine taste like if he is not a dealer or user?.Had Buju not tasted that cocaine he would walk away a free man.The fact that the judge states that a crime was ocmitted on the day in question and the fact that Buju handle and tasted that cocaine,makes it hard for the jury not to find him guilty as a willing participant but no matter how you look at it,this is a clear case of entrapment.

Norman Lee
9/25/2010

Buju's entrapment defense is what causing the long deliberation. That defense concedes that a crime took place. Whether or not there was entrapment is what the juror has to unanimously agree. Many find difficulty to differentiate "creating an opportunity" for a criminal mind and entrapment. It should not be overlooked that the state must have weighed all the evidence, after 1 year of surveillance and were confident that they could beat the defense of entrapment. We shall soon find out his fate!

Chris Black
9/25/2010

I think you don't know what you're talking Nicolas Henry. Tasting cocaine don't make you guilty of dealing cocaine. So that is irrelevant to the case. What is also irrelevant is the prosecution saying he (Buju) knows the price of cocaine, please, everyone knows the street value of cocaine, weed etc. that information can be obtained by finger tips (internet). Things like these cannot be used to secure a conviction. That is why they are having a hard time with the verdict. He will be freed!

Nicolas Henry
9/25/2010

I think BUJU will be found guilty on a lesser charge & will be sentence to 5 or 7 yrs in prison. I know my comment will be unpopular on this blog, but remember he taste the coke and that alone will make some jurors want to convict on all charges. The Fact he taste the coke cast a shadow over his character. For a unanimous verdict they will compromise for a lesser charge. I was a juror on a murder case, & we compromised for 2nd degree murder to reach a unanimous verdict. Prepare for the worst.

Izett Gordon
9/25/2010

I like how his step-mother puts it. He is a singer/musician, not a chemist! We hope for the best, Buju.

Maude Cooper
9/25/2010

Although I want to believe that Buju's action seems to be more of a user of cocaine than a distributor, I have to wonder about this Singer Wayne Wonder's comment "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.” Such comment does not help anyone, how many of the people who buys or listen to Buju’s music ever get to meet him up close and personal as all the men involved in this saga. Singer Wayne should spend some time watching investigative programs such as 60 minutes, 20/20 or W5, that is if he does not have time for reading some good books sitting on shelves in libraries everywhere. I wish Buju well and that he will overcome this adversity with lessons learned.

Ruddy C
9/25/2010

I did not KNOW Jamaica had so many LAWYERS, JUDGES and LEGAL EXPERTS inregards to the AMERICAN LEGAL SYSTEM, but not their very OWN.
How come when this SIMILIAR NATURE of CRIME takes PLACE in our SOCIETY we don't RALLY behind the ACCUSED. Its because we EMRACE these ARTISTS as MR GOODY and SO-CALLED ROLE MODELS and ICONS
Now this is a RESULT of the CRAVE for AMERICAN VISAS and the MIGHTY AMERICAN DOLLAR.
You see a MAN'S FACE but you NEVER see HIS HEART! WOLVES in SHEEP CLOTHING EVERY-WHERE!

Chuck Emanuel
9/25/2010

What may save Buju, is the fact that there may not be any compelling evidence that he has a propensity for committing such a crime as alleged. Again, it boils down to intention to commit a crime. I hope he gets a break on this, particularly since he had no money trail (paid or received)..
This is what law and accountability is about. No one forced anyone to go to a foreign country and affiliate themselves with undesirables knowing what the risks are.

Chuck Emanuel
9/25/2010

The rule of law must prevail. All these people who are proffering conspiricy theories about "entrapment, racism, setup, imperialism and slavery etc, had better take a deep breath and re-think some of the absurd statements, or comments made about this case.
How can someone deceive you into committing a crime if you refuse ?.
How can any of us know what Buju's intent were at the time of this incident ?
It seems that the court is struggling with the Intent issue and not "racism".

maroon accompong
9/25/2010

With the jurors still cannot come to a unanimous decision thats not good news, who knows if the jurors understood some of the words that Buju was heard using on thoes tapes. I learnt of a case where one Jamaican was heard braggin to his friends that he just "kill" something, someone hear him and did not understand what killing in Jamaican means, so they call the police and they lock him up for suspecion of committing murder, could Buju facing similar situation??? hope not.

tony mcdonald
9/25/2010

Blessed Love soldier

Kisiwa Mtumishi
9/25/2010

What is the street value of 5 kilo of cocain ? ( months in prion for a 3 day trial right ? and you want to tell me that justice exists ?. Buju can make one appearance and im almost sure he could make up to twice that value... 'your honor not guilty !!!! , i think you and your whole organization are currupt and filthy" .... free Buju

Duncan Bertram
9/25/2010

Keep it positive people for Banton. It is clear that the informer bwoy Johnson entrap people for a living. He took advantage of the artist. Can the state of florida compensate the gargamel for the year incarcerated.
We would like a word with Johnson on whitehall ave when the trial over.

James Bond
9/25/2010

Not looking too good at the moment for Buju, it now seems there is disagreement with the findings, i believe it wlll be a hung jury and the judge will order a re-trial or the judge will issue further directions to the jury. The judge has already indicated that he is in favour of a not guilty verdict, so i don't know the delay or what aspect of the case they the jury is considering. Form the evidence provided by the prosecution they have not presented a case or any evidence to show buju is guilty

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Buju trial jitters - jury unable to reach unanimous verdict