Tag Archives: Judge James Moody

Free Buju Letter Writing Crusade Takes Off!

Team Banton Collects Letters Of Support From Around The World

Team Banton Collecting Letters Of Support From Around The World

Greetings friends, fans and freedom fighters! The Gargamel Music Family is pleased to announce that the Buju Banton Letter Writing Campaign to the Supreme Court has gotten off to an enthusiastic start. In just a few short weeks since launching the crusade at a press conference on Capitol Hill, Banton’s attorney Chokwe Lumumba  reports that well over a thousand signed letters of support from around the world have already arrived at  his law offices in Mississippi.

Buju Back In Court December 20th

Buju Back To Court December 20th

There is also an online petition circulating on change.org but several people have experienced technical difficulties so we still encourage you to write a heartfelt letter of your own (or print out the template below), sign and snail mail it to Mr. Lumumba before the deadline on Thursday, January 31, 2013.

Banton will next appear in a Tampa federal court on Thursday, December 20th for an evidentiary hearing called by Judge James Moody, Jr. to survey whether or not the jurors who unwittingly put the GRAMMY-winning Reggae star behind bars “were exposed to extrinsic information” during the second trial.

Prosecutor James Preston, Jr. Venomously Pursued The Reggae Icon

Prosecutor James Preston, Jr. Venomously Pursued The Reggae Icon

One juror, Terri Wright, already admitted to conducting  ”research” on aspects of the case, which could be grounds for a new trial (Buju’s third on the same charges). At the upcoming hearing, prosecutor James Preston, Jr. and defense attorney Lumumba will have an opportunity to interview Wright, along with three other jurors (Frank Arnone, Janice Benoit, Steven Boyce) under oath. Judge Moody will then make his ruling.

~~~FREE BUJU LETTER WRITING CAMPAIGN~~~

United States Supreme Court
c/o Attorney Chokwe Lumumba
440 N. Mill St.
Jackson, Mississippi 39202
 
Hon. Supreme Court Justices:
 
I am writing this letter in support of Mark Anthony Myrie (Buju Banton).
 
Mr. Myrie has filed a petition in this court seeking review and reversal of drug, conspiracy, weapons possession and phone facilitation convictions occurring in the U.S.District Court for the Middle District of Florida, Tampa Division.
 
The convictions of Mr. Myrie are outrageous and unjust. Mr. Myrie was the victim of a concerted U.S. government effort to entrap, conducted by a corrupt informant who was paid 3.5 million dollars by the government for his services in various cases over the years.
 
Mark Myrie is a Grammy Award winning reggae artiste from Jamaica. He has never been convicted of a crime prior to the present case. He has helped feed numerous hungry children in his country and otherwise contributed to worthy causes in Jamaica and elsewhere. He is supported by hundreds of thousands and perhaps millions worldwide.
 
I ask this honorable court to review his case and grant Mark Myrie the relief he deserves.

***

Please Send Letters To Attorney Lumumba By

JANUARY 31, 2013!

Free Buju
 
**Special thanks to the Buju Banton Defense Support Committee for your tireless efforts to get the word out about this case. Your work is truly appreciated by the entire Gargamel Music Family.
**Extra special thanks to attorney David Oscar Markus for your continued support of Buju and the new legal team. We love you!

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Banton Defense Team Launches Letter Writing Campaign To Supreme Court

The Supreme Court

The legal team for GRAMMY Award-winning reggae star, Buju Banton, has  launched a new letter writing campaign — this time aimed at the Supreme Court – to build further awareness about the highly controversial federal drug case that landed the beloved Jamaican music icon behind bars.

The letter writing campaign comes on the heels of the Free Buju Press Conference that was held early last week on Capitol Hill. Banton’s new defense attorney, Chokwe Lumumba, organized the Washington D.C. event in conjunction with the Buju Banton Defense Support Committee to formally announce the filing of a petition for a Writ of Certiorari with the Supreme Court.

Dr. Carolyn Cooper Speaks @ Free Buju Press Event in D.C.

The panel of special guest speakers included GRAMMY Award-winning reggae artist and producer, Stephen Marley; Dr. Carolyn Cooper, author and lecturer at the University of the West Indies in Kingston, Jamaica; Brother Aula Sumbry, radio host and Chairman of the NAACP Prison Committee in Trenton, New Jersey; attorney and progressive policy advocate, Nkechi Taifa; longtime Banton friend and collaborator, Gramps Morgan; Salim Adafo, Vice-Chairman of the National Black United Front; and Banton co-counsel, Imhotep Alkebu-Lan.

Legal Eagle Chokwe Lumumba

Lumumba also addressed the attendees. “I think he is a political prisoner,” said the veteran legal eagle. “There is a generational gap between the struggle to free political prisoners and the struggles of young people. [Buju is helping] to keep the act of freeing political prisoners a relevant one to all generations that exist right now.”

Banton is currently housed at the Pinellas County Jail in Clearwater, Florida, where he awaits a decision from trial judge James S. Moody, Jr. who is deliberating on two motions recently filed by his lawyers: 1) Motion for reconsideration of sentence  2) Second motion for new trial (due to possible juror misconduct).

Mr. Lumumba, the Buju Banton Defense Support Committee and the Gargamel Music Family are asking all friends, fans and activists around the world to stand in solidarity with the ongoing movement to Free Buju by writing a letter to the Supreme Court today. All letters should be sent to Lumumba’s office:
 
United States Supreme Court
C/O Attorney Chokwe Lumumba
440 N. Mill St.
Jackson, Mississippi 39202
 
Hon. Supreme Court Justices:
 
I am writing this letter in support of Mark Anthony Myrie (Buju Banton).
 
Mr. Myrie has filed a petition in this court seeking review and reversal of drug, conspiracy, weapons possession and phone facilitation convictions occurring in the U.S.District Court for the Middle District of Florida, Tampa Division.
 
The convictions of Mr. Myrie are outrageous and unjust. Mr. Myrie was the victim of a concerted U.S. government effort to entrap, conducted by a corrupt informant who was paid 3.5 million dollars by the government for his services in various cases over the years.
 
Mark Myrie is a Grammy Award winning reggae artiste from Jamaica. He has never been convicted of a crime prior to the present case. He has helped feed numerous hungry children in his country and otherwise contributed to worthy causes in Jamaica and elsewhere. He is supported by hundreds of thousands and perhaps millions worldwide.
 
I ask this honorable court to review his case and grant Mark Myrie the relief he deserves.
 ——————————————–
 
::SIGN::
::WATCH::
::BUY::

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Never Give Up The Fight… Attorneys For Banton File Motion For New Trial

By now you’ve all heard how the United States Court of Appeals, 11th Circuit basically disregarded the Appeal filed on behalf of Grammy-winning Reggae music icon, Buju Banton, and upheld his controversial conviction for “conspiracy to possess with intent to distribute” and “using the wires to facilitate a drug trafficking offense.”

Adding insult to injury, the overwhelmingly conservative three judge panel led by Chief Justice Joel Fredrick Dubina (a George H. W. Bush appointee), alongside  Circuit Judge Susan Harrell Black (another George H. W. Bush appointee) and Circuit Judge Stanley Marcus (a default Bill Clinton appointee), also reversed trial judge James Moody Jr.‘s common sense decision to throw out a third conviction at Buju’s sentencing hearing last summer: “knowing and intentionally possessing a firearm in the furtherance of a drug trafficking offense,” which carries an additional 5 year penalty.

It clearly didn’t matter much to Dubina, Black or Marcus that Buju had no priors and has never been involved in the drug trade. Nor did it matter that he did not participate in any negotiations nor was he present at the deal that actually did go down between well-paid government snitch Alexander Johnson and former co-defendants James Mack and Ian Thomas.

As defense attorney David Oscar Markus recently pointed out “a good man is in jail for talking a big game.” He’s also paying the price for simply fighting the powers that be. You may recall that after the first trial eneded in a mistrial, prosecutor James Preston Jr., venemously amended the original indictment, tweaking the gun charge and adding two additional charges, in his attempt to make something stick… And it worked. All this for a man who has spent the last 20 years of his life making incredibly uplifting music for his legion of loyal fans around the world. War on drugs? We think not… This is a war on Buju Banton.

Bouncing back from the latest blow to their client, late yesterday afternoon, the legal team for Banton filed a Renewed Motion For A New Trial with the district Court in Tampa. The 27-page motion duly requests a new trial on all counts, or alternately, a new trial on the gun count only. To be clear, if no new trial is granted by Judge Moody, Buju will automatically be sentenced to an additional 5 years on top to the 10 he is currently serving. Team Banton has nothing to lose and everything to gain by filing this latest motion and we pray that the request is granted.

In the meantime, fans can take solace in knowing that Buju is indeed holding firm despite the loss of the appeal and the harrowing prospect of doing even more time. He is reading avidly, has some access to a guitar (there are 2 or 3 in the facility) and is writing new songs, plus he is even teaching a class at FCI Miami, where he is presently being housed. We encourage you to keep him in your prayers, continue writing those letters of encouragement, and, if you should feel so inclined, drop a little something on his commissary.

MARK ANTHONY MYRIE – 86700-004

FCI MIAMI

FEDERAL CORRECTIONAL INSTITUTION

P.O. BOX 779800

MIAMI, FL 33177

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Banton Legal Team Blasts Back In Final Appeal Brief

Lawyers for Jamaican music icon, Buju Banton, recently filed a final brief in response to the government’s response to their appeal as well as the government’s own appeal of Judge James Moody‘s decision to throw out the gun charges during sentencing in Banton’s controversial criminal case. For a quick overview of the case and these latest arguments, check out the article posted by writer Chris Sweeney, who also penned the recent Miami New Times cover story on Buju Banton. Or feel free to read the entire Reply Brief of the Appellant and Response Brief of the Cross Appellee. It goes without saying that David Oscar Markus and his team at Markus & Markus Law left no stone unturned.

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Buju Moving… To Low Security Federal Facility In Miami

Buju Moving...

The family and close friends of Buju Banton can breathe a collective sigh of relief. After spending two months living under horrible conditions at Limestone County Correctional Institution, a private prison in Groesbeck, Texas, the Jamaican music icon is now on the move and expected to be transferred to Federal Correctional Institution Miami, the low security  facility originally recommended by the Honorable Judge James Moody, who oversaw his criminal case.

The Gargamel Music family expresses great thanks to the Jamaican consulate, who immediately sent a representative to report first hand on the conditions in Texas, and to Judge Moody, who wrote a letter to the Bureau Of Prisons (BOP) on Buju’s behalf. We are especially thankful for Buju’s attorney, David Oscar Markus of Markus & Markus Law, who worked diligently with the prison in Texas, the Jamaican consulate, the BOP and the Court to make this unprecedented move happen.

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The Caged Bird Sings Of Freedom

The caged bird sings

With a fearful trill

Of things unknown

But longed for still

And his tune is heard

On the distant hill

For the caged bird

Sings of freedom.

Dr. Maya Angelou (from I Know Why The Caged Bird Sings)

Freedom! Photo By: Robert Cooper

Greetings in the name of the Most High…

As you can imagine, the Gargamel Music Family’s entire world was shattered by the outcome of Buju’s trial. Two months have passed and the heartache has not eased at all. We lost a long, hard-fought battle but, alas, this legal war wages on. We remain confident in Buju’s innocence and vigilant in our fight for his ultimate freedom. There is nuff work to be done and the time has come for us to pick up the pieces and march forward in the struggle.

Buju’s strength and resolve throughout this painful ordeal has been nothing short of inspiring. He is a true soldier who continues to stand firm in his beliefs and will not be broken. He earnestly thanks his friends for life — the fans worldwide — for your unyielding support and only asks that you remember him in a positive light and continue to play his music in the days to come.

We encourage you to send uplifting letters to Buju at the address below:

Mark Anthony Myrie - Docket # 1443397

CEN-4C1-UN01-01-001

Pinellas County Jail

14400 49th Street North

Clearwater, Florida 33762-2877

If you feel like you want to top up B’s commissary, include a money order with all of the above information written on it (Mark’s legal name/docket number, etc…) and place it in the envelope with your letter. The guards who open the mail will make sure it’s added onto his account.

SENTENCING & APPEAL

We recently sat down with Buju’s attorney, David Oscar Markus, who took the time to school us on how the sentencing and appeal processes works so we have a better sense of what to expect.

The trial and sentencing judge, James Moody, Jr. still has yet to rule on either of the post trial motions filed by Markus back in February: 1) motion for judgement of acquittal  2) motion for a new trial. Markus filed a separate third motion for bond pending sentencing and appeal that he is also waiting to hear from the Court on.

Buju’s sentencing is currently scheduled for June 23rd. While Judge Moody can take other things into account, he still must abide by the current mandatory minimum drug sentencing guidelines, which based on the three convictions: 1) Conspiracy to possess with intent to distribute 5 or more kilograms of a substance containing a detectable amount of cocaine  2) knowing and intentionally possessing a firearm in the furtherance of a drug trafficking offense and 3) using the wires to facilitate a drug trafficking offense, bring the mandatory minimum in this case to 15 years.

  • After sentencing, Markus has 14 days to file a notice of appeal. Then he will order the trial transcripts, which will take about 30 days.
  • As soon as Markus gets the transcripts, he has 40 days to file a brief, which will contain his arguments.
  • The government gets 40 days to respond. Markus gets 40 days to reply.
  • Then the Court will decide whether to allow oral argument (where 3 judges listen to the case). Only 10% of all appeal cases are granted this opportunity.
  • After oral argument, the Court usually takes between a month and a year to rule.

Those who wish to donate funds toward the appeal may send a wire transfer to the official Buju Banton Defense Fund set up by his attorney:

Markus & Markus, PLLC
(Defense Fund for Buju Banton)
Citibank, N A
Coral Way Branch
1600 Coral Way
Miami, FL 33145
ABA # 266086554
Account # 9118130472

You may also make a donation via Paypal. Just log in and direct monies to FREEBUJU@gmail.com

THE VOICE OF JAMAICA WILL NOT BE SILENCED!
The Gargamel Music Family remains steadfast in our efforts to promote and preserve the musical legacy of Buju Banton. As he reiterated in his Miami New Times cover story in January of this year, “they can lock the flesh but they can never lock the spirit of Rasta.” We intend to keep Buju’s spirit moving and his voice soaring — through music… And we already have several projects in development:

Buju Banton & Friends: Before The Dawn Concert DVD

We are working out the logistics to make the official DVD of the Before The Dawn Concert available for sale later this year. We are aware of the weak bootleg circulating on the streets and will deal with the culprits accordingly. In the meantime, we just ask that the fans hold on and support the real product when it comes out. It will definitely be worth the wait.

New Buju Banton Studio Album

While the General was out on bail and under house arrest he finished up some tracks for an album co-produced with longtime UK brethren, Blacker Dread. The pair previously worked together on the rousing 2010 anthem “Innocent” featured on Buju’s Grammy-winning album Before The Dawn (Gargamel Music). This new album will drop some time in 2012 on Gargamel Music, Inc.

Buju Banton Live Album

Team Gargamel has collected some amazing live material over the past few years and we plan to release the first Buju Banton live album some time in the near future.

Buju Banton Coffee Table Book

For the past few years we’ve been shooting with esteemed celebrity photographer Jonathan Mannion (Too Bad and Rasta Got Soul album covers) to produce a photography book that visually captures the excitement and frenetic energy of Buju’s live performances along with some exclusive behind-the-scenes moments on the road with the artist and his band.

Gargamel Music Website

At long last, we are in the process of revamping the Gargamel Music website. www.GARGAMELMUSIC.com will be the hub for all things Buju Banton on the web. We will also be selling authentic Buju Banton merchandise, including the Official Free Buju T-Shirts, which are now available in a Limited Edition Red in addition to the original Black and Green color waves. And keep your eyes peeled for the brand new Buju Banton Logo Tee that will be available at relaunch!

The Gargamel Music Family Thanks You For Your Support!

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Buju Banton & Friends To Perform At Before The Dawn Concert in Miami on January 16, 2011!!!

News of Buju Banton‘s 2010 Grammy nod for his prophetic new album, Before The Dawn, comes on the heels of a federal court ruling by Judge James Moody that allows Banton, who is currently out on bail, to perform at an event in South Florida during Martin Luther King, Jr. Weekend. The veteran Reggae artist, who had been incarcerated at Pinellas County Jail for 11 months, has not performed live in over a year.

Produced by Rocker’s Island Entertainment and Gargamel Music, the Before The Dawn Concert featuring Buju Banton & Friends will take place on Sunday, January 16 at Bayfront Park Amphitheater (301 North Biscayne Blvd.) in downtown Miami, Florida. Additional artists will be announced in the coming weeks. Music for the event will be provided by New York’s Hot 97′s  finest, Massive B with Bobby Konders and Jabba. A family affair, doors open at 4:00pm and the show starts at 5:00pm sharp and ends promptly at 10:00pm. Kids under 12 enter FREE with an adult!

Tickets for the history making Before The Dawn Concert featuring Buju Banton & Friends are on sale now at BUJULIVE.com and/or TICKETMASTER.com. For more information or to rent a booth, please call 305.438.9488.

Get your Official Free Buju T-Shirts now by sending an email to freebuju@gmail.com!!!!

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Buju Banton Trial Delayed Again… This Time ‘Til September 20th

Banton looks forward to his day in court.

Team Gargamel has learned that Buju Banton‘s day in court has been pushed back for the fifth time! Previously rescheduled to start on September 13th, the long-delayed trial has now been set to begin on Monday, September 20, 2010. The high-profile, highly controversial case will be tried by Assistant U.S. Attorney, James C. Preston, Jr. and presided over by The Honorable Judge James S. Moody, Jr. at the Sam M. Gibbons U.S. District Courthouse in Tampa, Florida.

Represented by esteemed South Florida Super Lawyer, David Oscar Markus, the Reggae icon is looking forward to finally having the opportunity to defend himself. It goes without saying that Banton is also amped up about the forthcoming release of his prophetic new album, Before The Dawn, which will drop just eight days later on Tuesday, September 28th in the United States and Japan. The release date for most of Europe is Monday, October 1st, however, for the UK and France the date will be Friday October 4th.

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Buju Banton Trial Date Rescheduled For September 13th — New Album To Drop On September 28th

After months of senseless delays, Jamaican music star Buju Banton will finally have his day in court. The Honorable Judge James S. Moody, Jr. has reset the trial start date for Monday, September 13, 2010 at the Sam M. Gibbons US District Courthouse in Tampa, Florida. This is the fourth time the trial has been rescheduled so only time will tell if it will actually convene as planned.

In other Buju Banton news, Gargamel Music, Inc. is prepping the release of his ninth studio album, Before The Dawn, which is set to drop in North America on Tuesday, September 28, 2010. The 10 powerful tracks that comprise this very special project are some of the more prophetic songs written by Banton since his extraordinary entry into the music business over twenty years ago.

Recorded mostly at his Gargamel Music studio in Kingston, Jamaica, Before The Dawn literally pierces the soul with traditional roots, easy rock and especially heartfelt reggae. The album’s unofficial anthem “Innocent” strikes a highly personal chord that will resonate deeply with longtime Buju Banton fans.

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Buju Banton Trial Pushed ‘Til September — Legal Team Files Motion Objecting Delay, Demands Speedy Trial!

Late this morning, US District Judge James Moody, Jr. did the unthinkable and inexplicably pushed Buju Banton’s trial, which was supposed to start on June 21st, back until September 2010. This is actually the second time Moody has continued the trial merely weeks before its scheduled start date, and once again he had the gall to provide absolutely no explanation for his actions.

Banton’s trial was initially set for March 3, 2010 but due to scheduling conflicts, the defense moved to continue the trial until April 12, 2010. The Court  granted the motion and set the trial to begin on April 19, 2010. However, on April 8, 2010, just 11 days before the start date, Moody postponed trial until June 21, 2010, and offered no reason for the delay.

Early this afternoon, Team Banton, led by esteemed legal eagle David Oscar Markus, filed a motion on behalf of his client objecting to the second continuance, and demanding a speedy trial, and a hearing on the matter. The motion reads in part:

MARK MYRIE’S OBJECTION TO SECOND SUA SPONTE CONTINUANCE, DEMAND FOR SPEEDY TRIAL, AND FOR HEARING

Previously, this court had specially set trial to begin on April 19, 2010. On April 8, 2010, with no motions pending, the Court sua sponte postponed trial for 74 days until June 21, 2010, in violation of the Speedy Trial Act, 18 U.S.C. * 3161 et seq. In addition to postponing the trial outside the 70-day limit, no explanation for the continuance was given in violation of law. Bloate v. United States, 139 S.Ct. 1345, 1349 (2010); Zedner v. United States, 126 S. Ct. 1976 (2006). We objected. Now for the second time, this Court has sua sponte continued the trial until September 2010 without any explanation, again in violation of the Speedy Trial Act and Bloate. We file this objection and demand a speedy trial in this cause.

Today, on May 28, 2010, the Court has again continued the case another 70 days plus until the September trial calendar. No reason has been given for the continuance until September. No findings have been made. Mr. Myrie remains incarcerated in the county jail. This is presenting an enormous burden on Mr. Myrie, his witnesses, and his counsel.

Through this pleading, we demand a speedy trial as required under the Act and the Constitution.

Mr. Markus also requested a hearing on this matter for next Thursday, June 3, 2010 and is awaiting the Court’s response.

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