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.