"In the 57 collective years of law practice by the signatories to this brief, we have yet to receive an appellate brief that so fundamentally misrepresents the facts as the Government's brief does."Just wait until 58!
Dozens of letters to U.S. District Judge James S. Moody are included in the court file for the 37-year-old recording artist, whose given name is Mark Myrie. Several of his 15 children wrote, as did a former Jamaican government official, an NBA player, other reggae artists and actor Danny Glover, who called Banton a "role model, philanthropist and spiritual leader in the community."What's the next step, defense lawyers?
"Your honor, Mark Myrie is not a drug dealer," Glover wrote. "Society would not benefit from his incarceration."
Banton's attorney, David Markus, says federal sentencing guidelines call for a prison term of at least 15 years. In a court filing, Markus told Moody that is "way more than necessary" in Banton's case.
The judge did throw out a gun charge, lowering Banton's sentence from 15 years to 10. He was also ordered to serve five years of probation following his release from prison.
Markus contended that Banton deserved a lower sentence because of his limited participation in the drug buy, his charitable work in Jamaica and his otherwise clean record.
Banton's oldest son, also named Mark Myrie, wrote that his father "puts hard work, sweat and tears into his music and that is what (he) 'puts on the table,' it has never been drugs....The situation is just an example of our mere imperfections as people, being at the wrong place at the wrong time."
In this drug and gun case, the core allegation against Mr. Myrie was that he brokered a deal between Ian Thomas and Alexander Johnson (the confidential informant).1 The government sought to prove its case by presenting: (1) the testimony of Alexander Johnson; (2) tapes and transcripts of calls and meetings; and (3) the testimony of its case agent, a research specialist dealing with the phone calls, and the police officer who seized the gun from James Mack’s car on December 10, 2009. The defense in the case was that Mr. Myrie did not know he was going to a warehouse on December 8 (conceded by the government); did not know that he was going to see cocaine (conceded by the government); and, once in the warehouse, presented with cocaine, did not then or at any later time, reach an agreement to possess with intent to distribute cocaine. Further, Mr. Myrie did not willfully participate in or have knowledge of the drug transaction on December 10. Therefore, the gun that James Mack possessed on December 10 was not reasonably foreseeable to Mr. Myrie, especially given the fact that he had never met or even heard of James Mack before. Assuming, arguendo, that an agreement was reached, the defense argued in the alternative that the government did not prove beyond a reasonable doubt that Mr. Myrie was not entrapped.What do you think -- any chance of success?
The five-time Grammy nominated artiste, whose real name is Mark Myrie, had originally been tried on charges of conspiracy to possess with intent to distribute cocaine, and aiding and abetting the possession of a firearm during a drug-trafficking offence.He will now be tried for conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drugtrafficking offence; and using the wires to facilitate a drug trafficking offence.If convicted, Buju faces up to 20 years’ imprisonment.The new indictment was secured last November by Prosecutor James Preston in an effort to secure a conviction against the Jamaican artiste, whose legal team is claiming that he had been entrapped by the US Government.Also, what may weigh on the artiste’s mind when he steps inside the number 13 courtroom on the towering building may be the federal government’s impressive conviction rate of above 90 per cent — and its penchant for winning retrials by multiplying charges.
Banton's knock out punch was when he called his attorney David Oscar Markus on stage and thanked him for his efforts in defending him against his accusers."Don't watch nothing say him white. Him blacker than me and you," Banton said before hugging his lawyer and exiting the stage after his non-stop 120-minute performance.
Mr. Myrie hereby notifies the Court that Stephen Marley, well-known entertainer and son of Bob Marley, and his wife Kertia DeCosta Marley, are willing to substitute as the signator for the bond in lieu of Mr. Chavalier. His property is located in Miami-Dade county and has an approximate equity of $350,000. As evidence, Mr. Myrie will provide the Court with a recent appraisal of the residence, a title search, a copy of deed and mortgages, outstanding mortgage balances, and affidavits from Mr. Marley and his wife. AUSA Preston objects.The AUSA objects to this too?
Very true. That's one advantage the government always has when they decide to retry a case -- they never run out of money.Markus told the Observer that the cost of the first trial has taken a huge financial toll on the artiste and asked fans, friends and supporters of the artiste to assist in any way they can.
The $850,000 monthly payments to Feinberg’s firm will continue through year-end and then will be reviewed, a person familiar with the contract said today.Ok, three mediation requests but come on!
The money goes to seven professionals at Feinberg’s firm and is paid by BP separately from the fund to help victims, according to the person, who spoke on condition of anonymity about details not spelled out in today’s report. Among those being paid is Feinberg’s brother David, according to the report. David Feinberg is listed on the firm’s website as director of special projects.
The payments from BP help offset the “significant distortion” the project is causing to the Feinberg firm’s business, Mukasey said in the report today. Feinberg Rozen has turned away three mediation requests since June, according to the report.
Famous legal trials have produced some unlikely partnerships: Clarence Darrow and John Scopes, Johnnie Cochran and O. J. Simpson.
Add Buju Banton and David Oscar Markus to that mix.
In four cases, the court will address an obscure but significant debate on federal pre-emption of state law. The pro-pre-emption view is often pro-business, because it interferes with state efforts to protect citizens against corporate misconduct. Pre-emption can also protect against state interference with the national economy.
In AT&T Mobility v. Concepcion, the cellphone provider claims that California contract law has been used to frustrate the Federal Arbitration Act. If the company wins, it will likely force unhappy customers to rely on an arbitrator to resolve their differences with the company. If the respondents win, they will likely be able to bring AT&T Mobility to court — to answer accusations of fraud for promising “free” phones, then charging for the tax on their retail value. That would be good for consumers.It's interesting how this year the preemption doctrine -- normally a obscure battle between big business and consumers -- is entwined with heavy duty political overtones, as two different federal courts have used the doctrine in opposite ways -- one employing "states' rights" to invalidate the Defense of Marriage Act; and the other finding the AZ immigration law to be preempted by federal statutes.
A Florida judge has declared a mistrial for the Jamaican reggae star Buju Banton, who was accused of conspiring to buy cocaine from an undercover police officer last year. U.S. District Judge James Moody declared a mistrial after the 12-person jury sent him a second note on Monday saying they couldn't reach a verdict. They had been deliberating since Thursday afternoon after a four-day trial.In other news, federal prosecutor Sean Cronin decides to go swimming in Boston.
"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."So true.
Hey, were those in the jury instructions?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.
His fans have launched a letter-writing campaign against his prosecution and plan a rally outside the courthouse when he goes on trial today.Because I'm a wonk, I checked out the voir dire and proposed jury instructions just to see how they were framed.
There are also Facebook pages, websites and T-shirts in support of Buju Banton, a four-time, Grammy-nominated reggae musician facing federal drug charges in a case his lawyer says was entrapment.
More than 100 people have responded to a Facebook invitation posted by Tampa area supportersto rally outside the federal courthouse on North Florida Avenue.
"I'm sure there's going to be a lot of people showing up," said fan Kay Bonacci, 58, of Largo. "This is a big thing. This isn't just America. This is all over the world."
Trial is rescheduled to MONDAY, SEPTEMBER 20, 2010, at 9:00 a.m. at the U. S. Sam Gibbons Courthouse, 801 North Florida Avenue, Courtroom #13A, Tampa, Florida 33602.Let's see, did anything interesting happen on September 20?
The Court grants this continuance to allow Defendant Mack additional time to prepare for trial. The Court finds the ends of justice served by the continuance to allow the Defendant(s) more time to prepare outweighs the best interest of the public and the Defendant(s) in a speedy trial.
Initially, their trial was set to begin on March 3, but due to conflicting reports, the defence moved to start the trial on April 12. The court granted the motion and set the trial to begin on April 19. This was later shifted to June 21, and then to September 13.
The new trial date is just over one week before the scheduled release of Buju's latest album titled Before The Dawn.
The album will contain 10 tracks that comprise some of the more prophetic songs written by Buju since his entry into the music business more than 20 years ago.
The album's unofficial anthem is Innocent.Cute, but don't give a kina hurra, ok?
Growing up in Tuskegee, Ala., during the civil rights struggles of the 1950s and 60s, the Cohns owned a store and were one of two Jewish families in town. There was no synagogue so Cohn, his parents and his two sisters drove 40 miles west to the Reform temple in Montgomery for religious classes. "The worst part of it was I missed the first half of the NFL game," Cohn said wryly.Hey, that's pretty much the first five chapters of Sarah Silverman's new book (except she grew up in rural New Hampshire and is way cuter than Judge Cohn -- no offense).
Cohn witnessed and was disturbed by racism against African-Americans. At an early age, he became acutely aware that his own heritage was also perceived as alien in the South.
"You want to assimilate, you don't want to be different, no kid wants to be different," Cohn said. "On the other hand, you want to maintain your Jewish heritage and traditions."
I'm a civil litigator, so the concept of a "speedy trial" is not something generally in my lexicon.Banton's trial on drug charges originally was scheduled for April 19, the date Banton requested. But 11 days before the trial was set to start, U.S. District Judge James Moody moved it to June 21.
The defense objected, citing the cost of rearranging travel for witnesses and noting that Banton would be held in jail longer.
Moody overruled the objections.
The informant who helped federal agents build a drug case against Jamaican reggae singer Buju Banton has been paid $3.3 million for helping law enforcement in numerous cases over several years, lawyers said in court this morning.But can an entrapment defense hold up?An attorney for Banton, whose real name is Mark Anthony Myrie, said he plans to argue that the singer was entrapped by the informant, who pestered him for months to join him in a cocaine deal.
Umm, Professor, way to kill the good vibes there, buddy.Rowe said the US revelation that the prosecution has video recordings of Banton, whose real name is Mark Myrie, tasting cocaine and participating in arrangements for the sale of contraband, will work against him in a big way.
"I see his chances as begin [sic] very low. He is on video offering cocaine for sale. I don't think the entrapment argument has a great deal of effort," Rowe told Chat! yesterday.
3. On July 26, 2009, Mr. Myrie – a well-known reggae musician, recording artist and 2010 Grammy nominee known in the music industry as “Buju Banton” – boarded a flight from Madrid, Spain to Miami, Florida. By sheer chance, bad luck, or other reason to which the defendant is unaware, the passenger occupying the seat next to him was the CS. Prior to meeting the CS on the flight, he had never spoken to, met with or even heard of the CS.It goes on from there, but you get the picture.
4. The CS is a paid government informant. In addition to refusing to disclose the CS’s identity, the government has refused to identify the prior cases in which he has been involved, the outcomes of those cases, the amount of money he has earned making cases for the government, or even the amount he has been paid (or expects to be paid) in this case.
5. During the long international flight to Miami, the CS, after softening up Mr. Myrie with small talk, began discussing cocaine. Throughout the flight, the CS tried to interest Mr. Myrie in buying cocaine. Mr. Myrie, however, was not interested. To Mr. Myrie’s knowledge, the CS did not record this long encounter with Mr. Myrie. The government has not disclosed any reports concerning this exculpatory encounter with the CS.
6. The CS did not give up, however. After all, his livelihood depended on it. Accordingly, over the course of the next five (5) months, the CS repeatedly called Mr. Myrie in repeated attempts to convince him to participate in a cocaine conspiracy with him. Some but not all of the CS’s attempts to ensnare Mr. Myrie were tape recorded. The ones that were recorded have been disclosed in discovery but have not been transcribed. However, counsel has listened to them, and the tapes repeatedly show Mr. Myrie’s attempts to put off the CS.
As is often the case, Banton faces detention anyway from immigration officials:`We will be going to trial,` top Florida defense attorney, David Oscar Markus, said Thursday at a bail hearing in Tampa federal court for the singer, born Mark Anthony Myrie.
`He did not commit the crimes he`s charged with. He was not in any conspiracy,` Markus added.
Earlier in court, the `Rasta Got Soul` singer, pleaded not guilty to conspiring to buy more than five kilograms of cocaine from an undercover law enforcement officer in Sarasota last month.
In light of recent crazy polls involving support for torturing the underpants bomber, most people probably are surprised that non-citizens have any rights at all when charged with a crime in the United States.U.S. Magistrate Anthony Porcelli ordered the singer held without bail after Markus said he would not oppose the government`s request.
Markus told reporters after that if Banton is freed on bail he would be held by immigration officials. The attorney said he will focus now on fighting to have the detainer lifted before seeking bail on the criminal charges.
`There should be a presumption of innocence. Instead there is a presumption of guilt in immigration,` he said, adding there is `no question` his client would be allowed to post bail if not for the detainer.
What nice press!Tracii McGregor, president of Banton's Gargamel Music Incorporated, is quoted as telling the CaribWorldNews.com website: "We're going to get him the top legal representation there is. We are ready to fight."
Last weekend, BET News said Marcus will lead the team to get Banton off charges of conspiracy to possess with intent to distribute just over five kilograms of cocaine. He was arrested by Drug Enforcement Administration officers on December 10 in Sarasota, Florida, and charged one week later in a Miami court.
The singjay is best known for the 1995 album, Til Shiloh, and songs like Deportee, Untold Stories and Murderer. He is facing a lengthy prison term if convicted.
Among top 40 under 40
The 36-year-old Markus is a graduate of the Harvard Law School and has been involved in several high-profile cases. His success rate has earned him recognition from respected publications such as the National Law Review, which named him among the Top 40 Litigators Under 40 in the United States.
Since 2007, Markus has been cited as one of the US's leading criminal defence lawyers. Among his clients were Gilberto and Miguel Rodriquez-Orejuela, brothers and alleged founders of the infamous Cali Cartel which operated a multibillion-dollar cocaine trade in Colombia during the1970s and 1980s.
In February, he successfully represented Dr Ali Shaygan who was charged with 141 counts of illegally selling pain medication. Shaygan was acquitted of all charges, and he and his lawyers awarded damages of US$600,000.
