Judge approves company for Buju's security but...

BY PAUL HENRY Crime/Court Co-ordinator henryp@jamaicaobserver.com

Thursday, October 28, 2010

UNITED STATES Magistrate Anthony Porcelli yesterday approved a security company that Jamaican Reggae star Buju Banton has expressed an interest in contracting to provide him with 24-hour security as part of his bail condition.

Porcelli has also approved the $350,000 Miami property put up by Stephen Marley, the son of Reggae legend Bob Marley, as collateral for Banton's bond.

But despite the development in the Sam M Gibbons federal court, Banton will have to remain in jail as the prosecution will be appealing Porcelli's decision to approve the security company the Jamaican artiste wants to hire to ensure he sticks to the previous conditions of his house arrest.

The prosecution has five days to file its appeal.

Banton's lead attorney, David Oscar Markus, was yesterday livid at what he said was the repeated attempts by Prosecutor James Preston to keep his client behind bars.

"The Government's dogged attempt to keep Buju behind bars is disheartening," Markus told the Observer.

Banton has been in jail since last December, following his arrest at his Tamarac South Florida home. He was granted $250,000 bail earlier this month after a panel of 12 jurors failed to reach a verdict in his drug and weapon trial in September.

As part of his bail condition, Banton, whose real name is Mark Anthony Myrie, will be placed under house arrest and will be required to wear a tracking device, pending the outcome of his retrial in December.

If released, Banton will have to remain at home other than when he wants to purchase medication, see his attorney or attend court.

Yesterday, attorney Marc Seitles, who handled the hearing on Banton's behalf, was delighted at the outcome.

"We achieved a bond today and we are happy that Judge Porcelli reaffirmed that Buju is entitled to be released on bond," said Seitles.

If Banton successfully beats back the appeal, he will have to seek another bond in the immigration court as his entertainment visa was revoked upon his arrest.

Banton is facing a charge of conspiracy to possess with the intent to distribute five kilogrammes of cocaine and possession of a weapon during the furtherance of a crime. His two co-defendants, Ian Thomas and James Mack, have both pleaded guilty and will be sentenced next month.

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COMMENTS (26)

Mr Lawman
10/29/2010

Delly Grant@ What a joke, we're not talking about some simple traffic offense here... Buju is not alleged to just have "Stepped over the line", it is alleged that he conspired to purchased and distribute large quantities of narcotics....

Mr Lawman
10/29/2010

Once again when certain folks on here cannot put forth a rational, objective and balanced argument as to the whole Buju case they turn to the RACE issue. The state/prosecutors are doing their job and the defense is doing there's also. The evidence, video and voice recording nuh lie, nuh body put gun to Buju's head fi mek him chat bout buying and selling cocaine. Buju made his bed so he'll have to sleep in it if he's found guilty, simple thing not race thing....

Elli Deedo
10/29/2010

When one is Black living in the White World, find himself on the wrong side of the Law, especially in America where racism is Manufactured on a daily routine, it can be very difficult. Here it is visible that the Prosecutor is over-reacting. He cannot consider that BANTON have been in Jail from Dec (0.9) The justice system in America is not in favour of the Black skins. A poor Black woman was Executed for a crime she never did, this was revealed after her death. This is recently. Blacks wake up.

Delly Grant
10/29/2010

@Yrd Vibes&Lmac: We naw gang up pon him but Lmac fi luk beyond, even thou him hav his opinion. Yes Buju did step over d line but who doesnt somtimes. Lmac u stik 2 the speed limit always?Buju a get a raw deal. yes it shud b abt the case but the reasons behind the bail conditions? Its that song & him add Driver to it. A longtme dem wha hold him. Them hav BIG INFLUENCE & say in this case, so Buju ago feel-it. Dem did giv Gotti bail..Y? Respct 2 Stven.Freedom wil com but @ a price Buju stay firm

Mr Lawman
10/28/2010

Jerry Berman@ Tell it like it is brother.... Too many self proclaimed legal minds on here....

Mr Lawman
10/28/2010

DJ @ its quiet obvious you lack objectivity in this matter and a fundamental understand of the rule of law. Base on your rational, an alleged child molester, an alleged murderer, an alleged rapist should all get bail. Si mi. The allegations that Buju is accused of are not some minor misdemeanor or felony charge. These are major offenses and should be treated as such when determining if one should get bail. If you ask me the US system of Justice is far more superior and fair than ours in JA.

Jerry Berman
10/28/2010

@D J: So, based on YOUR "un-flawed" arguments, all criminals, irrespective of the crime(s) they have been accused of, should be given bail, no questions ask? Right?

Mr Lawman
10/28/2010

Lee Mac @ Your on point mi fren... Fair and objective minds think alike ... I agree 100% that the prosecutor is doing his JOB, that is what's required by the office he holds. The prosecutor should never capitulate to whatever the defense council proposes... They are looking out for their client/Buju best interest and rightly so but the prosecutor represents the best interest of the STATE....

Mr Lawman
10/28/2010

Kram Blake @ Let’s be clear, the reasons why the DPP in JA fails to prosecute so many alleged criminals is a lack of adequate/competent police investigations, a antiquated system to locate and subpoena witnesses and to top it off the office of DPP lacks competent personnel to prosecute. Case in point, the current Cuban Light bulb fiasco.... What a joke....

Elli Deedo
10/28/2010

I got detained in High School, because (1) Boy in the group have done wrong, several of us got detained. It's a early lesson, leave bad Company, rather you've done anything or not!! It doe's not interest the Principal, you were amongst a particular group. Those wer early disciplinary lessons. To be locked away by authority as a Adult, is very Un-fortunate, worse if know you are innocent. The reality is, only you know if you are innocent. We can only give support due to what we've been hearing:

Mr Lawman
10/28/2010

The rule of law shall prevail in this matter whether it is a guilty or not guilty verdict. All those race baiters on here trying to imply this is a race thing check yourself and come again. They seem to always want to play the race card when nothing else holds water. All you Jamaicans who live a foreign but quick to bash the foreign system of gov which you currently benefit from are hypocrites. Tek yuh self back a yard since JA is such a JUST place to live and raise yuh family.... I think not..

Elli Deedo
10/28/2010

Never allow yourself to fall Victim to the Iron Claws of(BABYLON) Stay far from Criminal Elements, satisfy with what you have, and also when you do not have. I never like to be locked away by my parents and cannot go to play Ball, cricket, etc. And so I grew up very much afraid of punishment. I cannot afford it, it's too much for me; sorry for those who have never learned. Do not grudge any one for what they have, you might not be willing to do as they have done for money.Locked away?" Not nice:

Elli Deedo
10/28/2010

@ BOGLE, I'am a jamaican who have never forgotten my Roots, Culture, and that Little Country Jamaica. No one can run me away from there. Nor can I get too much of a Raw deal there. In these big World, I'am a 3rd and 4th class Citizen, disregarding my economic achievements.
In Ja, I'am a Jamaican. Nice to know you've seen the things I have previously suggested. As a Black man, live up to the term (INTEGRITY) Some whites are only out to Clamp you, when you are at a particular level in Society:

Lee Mac
10/28/2010

@DJ:
You have a very imperfect understanding of common law legal systems. Firstly, it is the job of the prosecutor to have an agenda against the defendant. He will not stop until the defendant hangs high, and to achieve this, he'll use every arsenal at his disposal. Secondly, it is the job the judge to guarantee a fair trial by acting as fair arbitrator between the wishes of the prosecutor and that of the defendant, which is precisely the case here. Buju's getting a very fair trial!

Kram Blake
10/28/2010

Eli Deedo you are right. If Bujo walks free the prosecutor's ego will be damaged. He will not seem so powerful to himself and his peers, Most prosecutors will not take a case to trial unless they are sure they can win. Look at all the ones our DPP has refused to take to trail. They are not strong enough in her mind

Kram Blake
10/28/2010

Whilst we do not want to pick a fight with the USA it may be timely for the JA Govt to intervene on behalf of one of its citizens. Is the prosecutor say the judge did the wrong thing? It is clear to me that "they" are hell bent on keeping Buju locked up. He is already being punished without being found guilty of the crime he is acused of. This can only happen because they are punishing him for something else. It is not a racial thing, it is a sexual orientation thing.

PL BOGLE
10/28/2010

Living in this industrialized capitalist nation (Babylon) had led me to conclude that we are at the mercy of the beauracracy that exist in their medical & legal institutions, we are lambs to the slaughter pauperized by the liability to their doctors & lawyers. This is indeed an arduous challenge to your ability to be physical & legally viable. No more is this so distinctly obvious than in Buju’s situation. My subliminal message to my fellow cyber friend elli who reside in another province in Babylon, please do not be dismayed. The father has sent his offspring as a savior to deliver the dread from bondage! Much respect for all who continually support Buju in his struggles. Peace.

D J
10/28/2010

@ Lee Mac
Your argument is fundamentally flawed on the basis that in a court of law, a man is presumed innocent until proven guilty. As such he should be afforded the basic rights of a human being. Do you think being able to sleep in his own bed and eat what he chooses is too much to ask for a man who has not been proven guilty? That would not have been the case if he was American.

Elli Deedo
10/28/2010

This Prosecutor is a Menace to a fair trial. Buju have met the bail reqirements, but the Prosecutor is a Psychophat.
Most authoritarians are Psycho-somatic, because of mental stress. His job is to find a way to send people to the death chamber,"or prison, guilty or not. He doe's not know what is mercy, or forgiveness. State prosecutors do not like to know that one get's away from Prison, or the death penalty. He have (2) already booked for Prison, he is desperately looking for the 3rd Buju

Kim Brown
10/28/2010

Lee Mac, its best you go back to bed......

watchya now
10/28/2010

true thing Marie Morgan. Buju's lawyer's are using a lot of "Acrobatics"; that is working to a great extent yes; but those antics are just cheap shots & loophole searching through precedents; though good at confounding the last jury; and now probably bringing about a are situation of a non-resident being let out of captivity to stay in the US. Putting the Judge's employment probably at risk of immigration court's judgement. Not saying Buju would run, but a dangerous precedent set nonetheless.

Laura Goodwin
10/28/2010

Victimization against Mr Myrie.............Without a cause!

Lee Mac
10/28/2010

I simply don't understand you people. Are you ignorant of legal procedures or what? The purpose of the prosecutor, in ANY country, is to PROSECUTE to the fullest extent of the law, hence the name of the job title - PROSECUTOR! They are supposed to oppose, on behalf of the people, any measure of leniency offered to the defendant and to strenuously prove his guilt beyond any doubt. Any prosecutor in Jamaica worth their salt would have done exactly the same!
Not everything is a racial conspiracy!

Marie Morgan
10/28/2010

I am beginning to feel that whether Buju is guilty or innocent, this prosecutor has an agenda against him. If the judge stated earlier that the security detail could be chosen at the defendent's discretion, why would he even allow the prosecution to file an appeal? By the time this is all done, it will be December and time for the re-trial. Alot of "other people's" money is being spent unnecessarily. I'm not totally confident in the ability of Buju's attorney to handle such a high profile case

J B
10/28/2010

Once again, BLACKS are treated different. JAH will bless BUJU.

Wilfred Gray
10/28/2010

The plan is punish `buju` whethe rhe guilty or not, for something else, the faked charges just the excuse to do same.
At least in jail, he do not have to ankle bracelets or all the expense.
It cruel and wicked, it slipple in obamaland, is it, obamacare or dems nuh care..

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Judge approves company for Buju's security but...