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News

Tapes hurt Buju - Damaging testimony against J'can artiste

Damning tapes stun Buju Banton's supporters

BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com

Wednesday, September 22, 2010



TAMPA, USA — Defence attorney David Markus slung his arms across the shoulders of his lanky Reggae superstar client ‘Buju Banton’ at the end of the morning session of his cocaine trial at the Gibbons US Court here yesterday.

The gesture was one of support and reassurance after what appeared to be a tough first session for the defence.

Earlier, Banton, whose real name is Mark Myrie, could not stop shaking his head as he listened for a lengthy period as the prosecution played potentially damning recordings of his conversations with government informant Alexander Johnson, discussing drug deals and even diamond smuggling from Africa to Europe.

Banton's fans, who had turned out in their numbers for the trial that started on Monday, were also stung by the recordings which were made between July and December 10, 2009 when Banton and two other men were arrested in Florida and slapped with cocaine-related charges.

The fans appeared deflated, coming off a high on Monday when the chief investigator in the matter said he had no evidence that Banton was a cocaine trafficker.

Yesterday, as the tapes were being played, one woman could be seen clutching her head and covering her ears. Others sat attentively, captivated by the conversations between the four-time Grammy nominee and Johnson, a convicted drug trafficker who has been working with the US Government since 1996 to sink other narco dealers.

Also played for the court was the video recording of December 8, 2009 in which Banton was seen tasting cocaine from a knife given to him by his long-time friend Ian Thomas after he used it to cut open a package containing five kilogrammes of cocaine during an undercover operation by the Sarasota Police Department at a warehouse.

Thomas was heard on the video saying that the cocaine was fish scale. Johnson later told the court that the term meant that the drug was of a high quality.

The mood, however, changed somewhat in the late afternoon when Banton's lawyer started his examination of Johnson, who agreed that the singer did not finance the drug deal for which he, along with Thomas and James Mack from Georgia was arrested and charged with conspiracy to distribute five kilogrammes of cocaine.

Thomas and Mack have since pleaded guilty and have agreed to give evidence against the singer. The prosecution had on Monday indicated to the court that it would not call Thomas as a witness.

If found guilty, Banton could be sentenced to life imprisonment or slapped with millions of US dollars in fines.

Before the recordings were played yesterday, Johnson testified that he met Banton on a flight from Madrid, Spain, to Miami, Florida in July 2009. The flight lasted eight hours, Johnson said, and a conversation about drug dealing came up within an hour.

He said it was the singer who raised the issue. Johnson, who avoided looking at Banton during his evidence-in-chief, said immediately after landing he informed the police about his conversation with Banton which jump-started the investigation that included the recordings.

Johnson told the court that he met with Banton the following day, July 27, to further discuss the drug-trafficking venture, which he said the artiste was interested in starting.

The prosecution then played the expletive-laced recordings, which were made between July and December and in which the 37-year-old Banton was heard telling Johnson, "I am about making money, straight up".

Banton was also heard asking Johnson if he had any contacts to acquire cocaine as he was willing to finance a deal. He also told Johnson that he did not have contacts in Venezuela and Panama, but that he was involved in smuggling diamonds from Africa to Europe.

He was also heard telling Johnson that: "It would be good to have our own contacts," and that he would like to start small, as "I don't want to take any risks".

The artiste also warned the informant that he should stay away from a man known as Lloyd Evans as he was a snitch.

"There are a lot of snitches in the game," Banton warned Johnson at one point, saying that it was hard for him to find anyone to trust.

Banton, dressed in a grey sports coat, shook his head while the recordings were being played and at some points appeared tense.

As the recordings kept rolling, some people in the courtroom chuckled in disbelief. Others seemed captivated.

In one conversation Banton was heard cursing and complaining to Johnson that the gay community, particularly the gay rights group GLAD (Gays and Lesbians Advocates and Defenders), was trying to ruin his career.

Banton had been at odds with the gay community since the 1990s following the release of his anti-gay monster hit Boom Bye Bye.

He was also heard complaining of being stressed out and said that he had 15 kids whose school fees needed to be paid.

With the case appearing to swing in favour of the prosecution, supporters who had earlier that morning held hands and prayed inside the 13A courtroom for an acquittal -- as has been their routine since the trial started -- expressed hope that the pendulum would again swing in their favour as it approached time for Johnson to be placed under the spotlight of cross-examination from lead defence attorney Markus.

Markus stood, took to the podium with his papers. Banton's supporters held their breath. He politely greeted the 14 jurors — two of whom are African-Americans, the others white -- then Johnson, and proceeded to whip out a card on which he had key parts of Johnson's evidence typed. On one side of the card, displayed for jurors to see, were a set of check boxes in which he ticked when Johnson answered a question posed.

"Mr Myrie did not invest any money in any drug deal?"

Markus asked.

"With me? No," the reply came.

Johnson, a Colombian who had served three years for drug-trafficking and was spared deportation in order to work with the US Government as an informant, said the artiste never sold or bought drugs and had never wired any money to him to invest in the illicit trade.

Johnson also admitted that Banton had never purchased any cocaine in Panama or Colombia and that their dealings never went beyond talk.

He, however, said that Banton had changed his mind from the initial talks of wanting to traffic drugs to making quick cash. Johnson said that was how the eight kilogrammes of cocaine came into play.

The informant did not readily answer when Markus asked if Myrie had stopped taking his calls following the warehouse meeting of December 8.

"Didn't Ian Thomas tell you, 'He [Myrie] does not want to do anything man? Talk to me. That's not him. He is about music, he eats and sleeps the music'?" Markus asked, to which Johnson replied 'yes'.

Markus is contending that his client had got cold feet and backed out of any previous talks to finance any drug venture and had stopped taking Johnson's calls, and that Thomas took over the deal.

But Johnson stuck to his guns, saying that it was Banton and Thomas who approved the deal, even though the US$130,000 may have come from two men in Georgia called Ike and Tyke.

Johnson also told the court that he had no knowledge that Myrie had financed the deal in the police-controlled warehouse that led to Thomas and Mack's arrest while attempting to purchase cocaine from US Drug Enforcement Agency agents.

Markus is expected to continue cross-examining Johnson when the trial resumes this morning.



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COMMENTS (41)

Ras Rose
9/22/2010
My first question is who is Ike &Tyke and are they in jail? 2)Why is the government entraping someone that is not a known drug dealer? 3) Is this realy a conpiracy on the government part? 4) If a man only talk and don't take part in a drug deal does that make him a party to? Buju might be guilty of alot of things ,like talking to much and been stupid. If the government investigation say there is on evidence he was never a drug dealer then r they pushing the conspiracy thing so?????
Ramon Castro
9/22/2010
How many of you guys on this site (who are not drug users or dealers) would make a deal or entertain a conversation about drug use/dealing with anyone, more so a stranger within an hour of meeting? Your honor, I rest my case.
Denzel Washington II
9/22/2010
As far as I can say, Buju deserve it. Millions look up to him as a role model and if you trying to be an entertainer then you must stick to your values. He should have resisted the urge. Even tasting coke like he a pro. Long and short is you do not really know who is who. This is a message to everyone that they should always beware of the social values these entertainers promote through their music and lifestyles
IloveJamaica IloveJamaica
9/22/2010
If they convict Buju, then they should convict the ex-governor of Illinois who was charged for trying to sell Obama's senate seat. I do not condone wrongdoing but Talk is cheap!!
Ghengis Khan
9/22/2010
It's a shame that this icon has come such a long way only to fall victim to his own self-righteousness. He should have been a better judge of character man. That being said, a reasonable jury should absolve him of any criminal charge since he actually didn't go through with the crime. I wonder what is Mr. Johnson's birth name.
Gairy Matthews
9/22/2010
Its obvious to me that Buju was never a drug dealer or dealt in drugs. The DEA investigated him for over a year and never found any dealings in drugs. The informant agrees that Buju never gave him money or never benefitted from this deal. Buju's problem is he was trying to make a connection for his friend and now is paying the price. The American Justice System is no place for a black man; especially a black man with natty. Only a miracle can save him! Pray for Buju!
James Bond
9/22/2010
If he is found guilty, people will say ah salt Buju salt. From the evidence presented in these proceedings it is clear Buju eyes were wide open and he is wolf in sheep clothing. Buju should cut his locks and stop hiding behind the religion. More evidence will be brought forward by the prosecution this is still early days.
Craven choke puppy
Elli Deedo
9/22/2010
@ Mi AK.
I''ve been trying to analyze the intelligence beyond this game of espionage which have led to the arrest of mr Myrie. It is alleged that he is affiliated with a drug smuggling ring. The flight conversations have not linked him to smuggling. The allegations of Conspiracy have yet to be proven. Are you saying these theory is enough to have him incarcerated; eventhough he was not caught in possession of cocaine?") It is the laws which matters, and not the rights of the accused?")
The Pragmatist
9/22/2010
It would be a farce if Buju escapes this...Is he innocent merely due to his Jamaican origins? I have heard the "black card" being played before but surely the level of patriotism shown by Jamaicans for an obvious criminal is undeserved. I'm wondering if he had killed someone, if people would still say its entrapment. Innocent people cya get caught!
Anthony II
9/22/2010
I think that psychologists could have a field day with Jamaicans! Some of the comments posted indicate just how wishful thinking causes us to dispense with reason! There are so many "learned legal" opinions being dispensed, you would hope that there were LLBs and LLMs, and JDs after the names of the people spewing them.
.
Take personal responsibility for your actions, and stop trying to blame others for your indiscretions. Nicholas Henry, that is one of the lessons for Jamaicans.
Antonette W.
9/22/2010
In life there are many co-incidents, but it seems suspicious that a US informant just happened to be seated next to Jamaican Rastaman/artiste, Buju Banton, who then spills his guts about Blood Diamonds and wanting to deal drugs. Knowing how US authorities operate, it seems more likely that he was already under surveillance and this "Johnson" was planted for the sole purpose of entrappping Buju. BTW, Johnson is a curious name for a Columbian.
howie J
9/22/2010
The movie called American Violet is based on a true story of a 24 year-old African American single mother from a small town in Texas. One day, she was dragged away from work in handcuffs and dumped in jail. She was charged for dealing in drugs and told by 2 lawyers provided by the state in her defense that she has no choice but to plea guilty.
She had to fight the system to free herself, even though they had nothing on her. They raided her community from air and land while she was at work. Her name was on list given to the DA by a known drug addict who was working for the state. Please watch the movie.

blog dis
9/22/2010
Yes it may have been a set up but if him neva careless he couldn’t have gotten caught up in it. Have any of u ever encountered Buju off stage? well he is not the friendliest person in the world if you or I were beside him on a flight I hardly think he would speak to you much less to be entertaining any long a** conversation re drugs and exchanging numbers
Was it entrapment by the Fed? maybe ….. Was Buju careless? definitely !
michelle michelle
9/22/2010
Buju as his lawyer said is quilty of chatting too much. But we have to ask oursef a question, if he was investigated a year and a half with no linking and then an informer was planted in his midst that is entrapment to the fullest. He may have had an interest as he was around others that partake in such activity but that is not a crime as he did not act on it. Regarding the tasting of the product, he may have wanted it for his personal use . ( who knows or cares)? Jamaicans are always targets.
Elli Deedo
9/22/2010
@ Bro Bogle; Buju have been trapped by a group of very devious Characters. It would seems that Buju is not Totally innocent, becauase of his affiliation with this drug syndicate; It place's him into a very critical position. My reasons for saying there is no case against him;"is based on the fact that, there is no evidence of conspiracy untill now. The testimony of the leading informer and the first DEA agent is void of the term conspiracy. Thomas will not testify. Buju was not caught with Coce.
Kayon Willis
9/22/2010
I am also a bit confused as to how Buju would just meet a "strange man" on a flight and begin to spill details about this life in such a short time. Hello…..!! Can anyone else see the flaw here.........???? I find it hard or a refuse to believe that a man of Buju's calibre be so incautious. I think that this entire case is a conspiracy against Buju. More so it is just a way to get back at him for his stance against gays. The Americans have nothing of substance to build a case against Buju.
Trica Clay
9/22/2010
I’m disappointed find out that Buju had desires to deal in drugs in the first place. If it was weed mi wouldn’t feel so shame. Having said that, I wonder why the DEA did not just wait to until Buju had completed full blown drug transaction, instead of merely sampling some drugs. The facts so far seem to indicate that Buju may have truthfully resented his intentions, and that the DEA was therefore unable to secure additional evidence. I think with all the trouble they went through ( getting a paid informant to seated beside him on an international flight etc.), they would have waited for him to complete a full transaction if they had the opportunity to do so.
Peter Lawrence
9/22/2010
Buju's case is NOT dead as yet, but looks pretty bleak.Intent has been proven, but action re distribution has not been proven beyond a reasonable doubt. Still, juries often take dim view of such intent. If two white men had been taped with a gun discussing how they wanted to kill a negro , they would have a heck of a time convincing a jury (and escaping death row) that they had nothing to do with his death, even if true,if no suspect was held. If freed Both Pols and singers must be transp
Mi ak
9/22/2010
@ J. Bond.
You may be a little mistaken. The conversation on the flight was not recorded. The conversation on the plane was what kick started the investigation, it was not, as far as the facts have indicated thus far, a part of the 'investigation'.
Buju came into the cross hairs as a result of this conversation.
Peter Sparks
9/22/2010
@James Bond...That's why you have that handle, " James Bond!".....;-) I neve rthought of that. You are absoloutely correct on the "no-coincidence" bit! They were probably watching Buju for a while, , and have info on him about drug dealings in the past and just waiting for the right time to set him up. Why would they just go out and "set up" an innocent man? They must have known something.
MAX G-LAW
9/22/2010
Some of you guys are saying that Buju is guilty because he had the intent to distribute and he even went as far as tasting the drug, for which i am totally disappointed in him as a rasta man, but that does not prove that he is guilty of a crime! The facts are clear, there are NO evidence to support that Buju has ever financed, acquired or distributed cocaine! Having the will to do something does not mean that u will actually do it or every1 on earth would b guilty or at least 1 serious crime
Nicolas Henry
9/22/2010
Buju all I got to say is, welcome to "uncle sam", it nuh run like "jamrock" where fame, fear, popularity and money can get you off any charge. Buju you should have been more careful. This is a goodd lesson for all JA people to see here & in JA. Maybe this might teach our prosecutors a thing or two about how to gain convictions.
James Bond
9/22/2010
My question on the matter is...how comes the informant got a seat beside Buju on the flight from Spain. This is no coincidence, more like a plot by the DEA and other groups. The Defence Lawyer needs to explore this possibility . The blind can see the informant was acting as an agent for the DEA to entrap Buju as he was conviently given a seat beside Buju so he could start a recorded convo with him. No ordinary passenger is wired with listening and recording device on a flight.
mark holford
9/22/2010
I think you mean GLAAD, The Gay & Lesbian Alliance Against Defamation.
Yard Vibz
9/22/2010
The JA Observer’s decision to have these proceedings manned by Mr. Henry has not gone unnoticed. This appears to be your break-out project, Paul; nuff respect, boss! BTW, ah wey dem ole heap ah village lawyers yah come from? Elli, Howie J & di crew of veteran attorneys, whose ambiguous arguments have confused others, including themselves. The sad thing about it all is the fact that most of these people have resided overseas for yrs, but still unable to defuse their medieval traits. One love!
annmarie blagrove
9/22/2010
is the best that the prosecution can do?
Jah Selassi
9/22/2010
Tell me you guys are kidding, right? Lure people in a crime? Is this a defense? If this is the best Buju team can come up with, Buju will be convicted. Entraping suspect is done all the time, world over. Stop being naive and emotional. How can a non criminal get video and recorded tasting cocaine and making plans to distribute. Ya'll better get familiar with the RICO act. Who reading this would be willing to do what Buju did just for kicks?
C'mon!
annmarie blagrove
9/22/2010
this goes to show the length and depths that the law will go to. how low to the bowels of the earth. i am sure that buju at the end of this trial will learn.the word of GOD clearly tells us that open quote(the heart of man is desperately wicked).
Mi ak
9/22/2010
We may comment about how fair it seems using our own personal views of what justice ought to mean, but sadly, that is all for naught. It is the LAW that matters, and in uncle sam's territory, that is a fair tactic in the "war on drugs."
The entrapment defense may seem reasonable to the lay man who doesn't understand the relevant laws. but speak to a criminal attorney, they will tell you that Buju is now up the creak without a paddle.
Peace be with you bro, still hopeful despite the dark clouds.
Mi ak
9/22/2010
I'm not shocked by this. I've "known" that this is how law enforcement agencies conduct their investigations. It seems a little silly, but the truth is we should have been exposed to these tactics through Hollywood movies and the numerous American tv shows beamed into Jamaican living rooms. Yes these are stories of fantasy, but the methods and means are not entirely made up.
Without the use of paid informants, the federal govt's rate of prosecution would fall precipitously.
PL BOGLE
9/22/2010
@Elli Deedo Come on don't you see where they're going? Remember Buju & Johnson met on a flight from Spain. They arranged to meet the very next day. Thomas is Buju's long time friend (the one who gave Buju the coke to sample). What prosecution is saying is that Buju was the one who brought Thomas into the deal & this is why they gave Thomas a plead deal to testify against Buju. So we will all see if Thomas is a true friend of Buju or if hes a Judas!
John Brown
9/22/2010
The DEA investigated Buju for a year then came up empty, then they introduced there paid informant into the picture. Come on, this is entrapment to the max. Buju is just guilty of being a fool to fall into there trap.
I was on a flight & the passenger beside me recognized my J'can accent. He was asking me about the good J'can weed & I replied that it is illegal, just a fraction of the population smoke it, it nuh grow like grass a yard & I don't even smoke Cigarette. I then change the topic Bolt.
Real Jamaican
9/22/2010
There is absolutely no case here so far against buju wanting to commit a crime is not a crime until you attempt it. Expressing an interest in commiting a crime by talking about it aint either like his lawyer said him jus chat too much. So far its two days to buju and prosecution nil
Kweli Simba
9/22/2010
At his point it will be jury that Buju's attorney will have to focus on. Although the evidence is flimsy it damming nonetheless. The attorney will have to turn hard upon the other defendant's criminal past and try to discredit the Colombian's testimony. Entrapment has been used in criminal proceeding for a long time in the USA. It goes to Buju's intent to conspire to possess and traffic illegal drugs. Good luck to him and his attorney.
STEPHANIE W
9/22/2010
WOW BLOOD DIAMONDS?!?!? Buju you should be ashamed to indulge in corrupt behavior that slaughters Africans, I wonder what the REAL rastas think of you? There is no setup when a person is so dumb to volunteer information such as the diamonds to a stranger on a plane. Buju isn't very smart.
Bal Ance
9/22/2010
Luring someone to commit a crime is not far off from prostitution. It's shameful what so called law agencies do and then call the victims criminals.
Bal Ance
9/22/2010
Why would a government pay someone to lure others into illicit acts. It seems the system has a vested interest in keeping the prisons full so the corporate partners will have guaranteed revenue flow and government can reap from heavy fines. And then we talk about moral decay.
Jay Brown
9/22/2010
Very interesting so far, but nothing earth shattering, talk talk and more talk.
Talking about something does not suggest guilt if no actions were taken to follow through on the discussions.

Carlos Bryson
9/22/2010
You meet a man named Johnson from Columbia and you start talking drugs within an hour? Where is you wizzy Buju? That there is the essence of the Jamaican psyche. We are verbose and pompous. Have little if any regard for secrecy and are trustworthy as he himself has indicated. I hope no one utters the gay-set up bullcrap anymore. We must accept personal responsibility and so must Buju.Reading maketh a full man!
Elli Deedo
9/22/2010
Their plan was to have Banton filmed on the scene; then collect evidence of his contribution which would have proven their case against him, as a conspirator. This area of their espionage have failed. As the first DEA agent testified that he have no evidence of Banton having to do with drug smuggling. He know's that the Video is not enough to authenticate their claim. This man have been investigating Banton activities. No evidence of Banton financial contribution towards drugs.. none at all:
Elli Deedo
9/22/2010
I cannot identify where the Prosecution have a case, based on the testimony I've read here. None of the evidence against BANTON is pointing towards conspiracy. They have yet to provide evidence of Conspiracy. Having a conversation which did not matured is very much short of conspiracy. There is no practicality of the proposal. How are they going to prove that he is a contributory factor towards conspiracy?") The tape and Video have not proven anything. The plan was to first film him on the scene

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