Tense wait for Buju

Jury to resume deliberations this morning

BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com

Friday, September 24, 2010

TAMPA, USA — Jurors will this morning continue deliberations in the closely watched Buju Banton trial following their failure yesterday to reach a verdict after four hours in the jury room.

The jurors retired at approximately 12:40 pm Florida time, after receiving final instructions from Judge Jim Moody, marking the start to an anxious afternoon period for the artiste and his fans.

The anxiety was further heightened when at 4:40 pm it appeared the jurors were returning with a verdict.

"We should pray now," said one supporter.

"We did that already," another informed him.

To the disappointment of the nervous supporters, which included family members of the artiste, the jurors were only seeking further instructions.

The jury — which now consist of 13 members after one of the two African-American women had to be excused because of ill-health — will continue deliberations at 9:30 am.

Following yesterday's adjournment, David Markus, the lawyer for the 37-year-old Banton, whose given name is Mark Myrie, said the team remained hopeful.

"It's hard to say what is going on in there," Markus said in reference to the deliberations among the jurors. "We just have to stay optimistic."

In the meantime, Banton's supporters at the court late yesterday afternoon called on fans worldwide to pray that the jurors would return a not guilty verdict.

They have asked that fans read Psalms 23 and 27 in addition to offering up prayers.

"We are just asking everybody all over the world to pray for Buju's freedom and stay optimistic," Hopie Miller, head of Magic Productions, said outside the Gibbons US Court, where the trial has been in progress since Monday.

If convicted, Banton could be sentenced to life imprisonment or slapped with millions of dollars in fines for the charges of conspiracy to possess and distribute cocaine and illegal possession of a firearm in the furtherance of a crime.

The Jamaican international Reggae artiste was arrested at his Tamarac, Florida home on December 10 last year, following the arrest of former co-accused Ian Thomas and James Mack, who had been in possession of the firearm for which Banton was jointly charged.

Thomas and Mack have since pleaded guilty and will be sentenced in November.

Thomas, who is the godfather of two of Banton's children, was set to give evidence on behalf of the defence yesterday morning but the entertainer's legal team decided not to call him.

"We felt we had it without him," Markus told the Observer during a short break after informing the court of the decision not to call Thomas.

Before the jurors retired yesterday, Markus, in his final argument, told them that his client was innocent and asked that they return a not guilty verdict.

"Ladies and gentlemen, he is not guilty. Mr Myrie is not a drug dealer. Please, please find him not guilty," Markus said.

"Because he was at the warehouse when the drugs were being inspected does not mean he is guilty of the charge against him," Markus added.

Markus argued that the Government had not proved its case against Myrie and pointed to the testimony of the Drug Enforcement Administration special agent Daniel McCeaffrey that despite investigating the artiste for a year he could find no evidence against him. Markus also painted US Government informant Alexander Johnson as a "master manipulator and con man".

"To him this was a pay day. This guy was looking for his jackpot. This is how he makes a living," Markus said.

But lead prosecutor Jim Preston countered Markus' claims by telling the jurors that Myrie was "neck deep" in the conspiracy to distribute cocaine and said it was his actions that caused Mack and Thomas' arrest. Preston said Thomas was brought into the deal by Myrie.

During his address to the jury, Preston on several occasions walked over to Myrie and pointed at him for emphasis.

"Based on the evidence, the Government has presented its case beyond a reasonable doubt," Preston said while urging the jurors to return with a verdict which says, "Buju Banton, guilty as charged".

Judge Moody, in his summation to the jury, instructed them that not because Banton was on the spot when the contraband was being inspected meant he was guilty of conspiracy. He instructed them to carefully weigh the evidence of a convicted person or a paid government informant because they may have a motive to give false statements.

Johnson has been paid $50,000 for his work on the Banton case and has been a paid informant since his conviction on drug-trafficking charges in 1996.

The judge also informed the jury that their decision had to be unanimous to stand and instructed them that in cases of entrapment they had to find Myrie not guilty if he was not previously willing or if it was because a Government agent enticed him.

Banton, following the judge's instructions, turned around, with hands clasped, and motioned to his supporters that they should pray for a favourable outcome.

Banton's lawyers have been claiming that he artiste was entrapped by the Government and Johnson, whom he consistently referred to as a con man.

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COMMENTS (26)

howie J
9/24/2010

Jamaica has a lot of mixed up priorities. Where else in the world do you see society put so much pressure on ghetto youth to be the role models while those who are in charge spend their time robbing the poor? I am very proud of the achievements of every self-made ghetto youth in the Jamaican society. Ghetto youth use their raw talents to eke out a living and immediately they are pressured to become role models. Who will be the role models to the Bujus in the society?

mike daley
9/24/2010

buju gonna be ok the only thing they have on him is conspiracy witch carry 5 years max if convicted he will do 15 months and be out on parole

Joycey Daughter
9/24/2010

Buju's nose is not entirely clean but the case against him is wishy-washy at best. They cannot convict him on such fragile "evidence". The good thing about all this, is that Buju has a strong influence with the youths through his words. Now it is up to him to make a role model of himself. Maybe the higher powers deemed it this way; could be a master plan. All the best, Buju. We all make mistakes and if given a second chance should "lawn de lessin".

9/24/2010

God will see buju through thats a fact!!!!!!

Richard Edwards
9/24/2010

In Jamaica you can have a mountain of eveidence against you suggesting that you are guilty of a crime and walk scott free depending on who you are and who you know. In America you can have no evidence against you and you can get sent to jail for life, depending on who you are. Ihave seen it happen over and over again. So this is one case where I hope for the best but prepare for the worst. Folks you know where I am coming from
R.Edwards NYC
betterlifeforjamaicans@yahoo.com

blog dis
9/24/2010

The prosecution did not fully meet their burden of proof after incarcerating the man for 10 mths I was expecting a mountain not a molehill of evidence. Note however though that charges are carefully worded i.e. “ conspiracy and intent” also the jurors can pose a problem as American society does tend to have a negative perception of black men and this is often reflected in the type of justice they receive
Buju was very careless to let himself be caught up in this if he gets off I hope he learns his lesson

watchya now
9/24/2010

You see it, mad max!
Everyday you can look on cable tv and see how feds bust a drug den, then use the place as a setup to catch drug buyers. You would call that a con, yes!... A set up.
The fact that the informant have money problems; get paid to set up people is not a big issue. The defence really should try to prove that Buju did not put money in anyone's hand to show up and buy nutten, man!

9/24/2010

Free Buju I'm pray n it is so!?

Elli Deedo
9/24/2010

Some of us have Biological Brothers, whom might use Weed while we don't, and if that brother is accused of having to do with weed,I'am sure eventhough he uses weed we would not wish to see him go down. Buju is not our Father and Mother's Child, but he is another Black blood out of our Land and tribe. Guilty or not I pray the Devils must free him. And he will be freed. They have no case against him. Argument about meeting Informer is done, the reality is for him to be free.

Yard Vibz
9/24/2010

Mr. Moderator, the piece that you have posted under my assumed name should have piggy-backed on a supporting beam, which was transmitted earlier. The piece that you have on display is dependent in nature, and therefore, cannot and doesn't make any sense by itself. In an effort to defuse ambiguity, I have resubmitted a copy of the original piece. Respect, boss!

Toyna Williams
9/24/2010

It is not now the US is setting up people. Look what they did to Marcus Garvey. When Marcus came to the US to help blacks find their rightful place. The US set him up on mail fraud, Jail him and deport him. Only because they think he was getting too powerful.

mark holford
9/24/2010

American juries tend to deliberate longer than British or Jamaican juries. You can't read too much into it. On the other hand, they may want to be finished by the weekend.

mad max
9/24/2010

I dont know about all of unu but if me deh pan a plane and any guy bring any drugs argument to me..i wont entertain the conversation any further..much less fi reach any where near tasting the white dust...

Kayon Willis
9/24/2010

I really appreciate the effort of Buju's lawyer to show that the US informant is a con man and its only time before members of the jury see that too. Buju will be a free man very soon. Keep praying!!!!

howie J
9/24/2010

My unwavering support for Buju under my screen names, Free Buju and Howie J, has to do specifically with the report called, “How Buju Got Busted” which appeared in this paper on Dec. 15, 2009; my own experience; some knowledge of the racially biased policing and white and black perceptions of the police in the U.S. My predictions which came from my analysis of the report were all in direct line with those of the lawyer and there was no doubt in my mind since Dec 2009 that Buju was innocent.
Too many have allowed their own biases and prejudices to get in the way of the supporting facts.

Real Jamaican
9/24/2010

Based on the Judge's summary which i agree the jurors should have returned already with the not guilty verdict. I am now worried about the jurors because i cant understand what is taking so long.

Yard Vibz
9/24/2010

who can barely read, but had managed nonetheless to migrate to the US, where she adhered to sensible laws, & worked menial jobs to ensure that her 6 kids are alumni of some of the top universities in said country. I also have great admiration for Bunny, who works in frigid temperatures to facilitate his disabled mother, & mentally-challenged brother in Hanover, JA. So men of substance, in the future, if you get the urge to discredit my work, I would encourage you both to think on these things.

J B
9/24/2010

Good Luck, Jah will bless him. Too bad for his mistake and talking too much. Bless Up BUJU.

PL BOGLE
9/24/2010

Buju if your found not guilty its not b.c you earned it , it is JAH giving you a second chance b.c based on evidence it was you that dotted the i's & crossed the t's in this deal. You involved the co-defendant after meeting the informant on the flight from Spain. That subsequently led up to the arrest of all three people. Nobody ever expected you to claim guilt but the jury is far from naive. Just hope & pray to JAH that they indeed give you a second chance. If you refuse to be a role model to the future generation then you have no choice but to be an example. BLESS.

John Brown
9/24/2010

I like how the judge sum up the case and if the jurors goes by his word Buju should be a free man. I'm praying and hoping for Buju's freedom. I just hope that simple common sense prevail. All I have to say is dem nuh nice ova yah.

george watson
9/24/2010

It can't be fair though that only two black people qere on the jury panel. Now there is one. Reminds me of a poem I remember from my mis-spent youth.
I thought people were supposed to be tried by their peers, or is this not applicable in the USA?

oliver wallace
9/24/2010

Though I'm hopeful for an aquital ,I'm a bit concerned about buju pretence at naivety .if the feds were not involved and this scheme had been a success I'm doubtful the public and indeed his fans would've been aware of the deeds of such an icon of dancehall

Nicolas Henry
9/24/2010

Honestly mi nuh want him to get life in a prison. The conspiracy wasn't proven, in my opinion. I think he will be convicted of some lesser charges which might land him 5-7 yrs in prison. One problem with a whole heap a Jamaican that I come across. They run dem mouth too much. Many want to seh "mi bad' or "mi know whole heap a shotta". since the DUDUS thing, almost everyone whe mi come cross seh dem know him, even mi next door neighbor. The USA will make a example out of BUJU. Hold unhu breathe.

mark jones
9/24/2010

I wonder what prompted the start of the yearlong investigation by the DEA of Buju...maybe it was that driver tune who knows.....Anyway i just believe this case is weak notwithstanding the tapes....NOT GUILTY!

Jay Brown
9/24/2010

I expect Buju to walk out court today a free man after the jury finds him not guilty.
I am amazed that this case even went to trial based on the lack of convincing evidence to support the prosecutions case.
Must be that they wanted to get at him and that was the best opportunity they ever had.
I expect the judge to however sign a deportation order than will be immediately presented, which means Buju will spend even more time in jail until he can be deported back to Jamaica.
NOT GUILTY !!

Roxy Hare
9/24/2010

I am hoping for a not guilty verdict

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Tense wait for Buju