A Florida juror who voted to convict Jamaican reggae
singer Buju Banton on drug charges has denied improperly researching the
case during trial, despite a weekly newspaper's report that quoted her
as saying that she did.
Banton is serving a 10-year prison sentence for his convictions on
cocaine conspiracy and trafficking charges stemming from a 2009 arrest.
The Grammy winner faces an additional five years for his conviction on a
related gun possession charge, but his resentencing hearing was
postponed to investigate the report of juror misconduct.
Banton's attorneys have filed a motion in Tampa federal court seeking
a new trial. If granted, it would be the second mistrial for Banton,
whose first trial in 2010 ended with jurors deadlocked. He was convicted
in 2011 in his second trial.
U.S. District Judge James Moody reserved judgment Thursday on the defense motion.
Jurors were told during the trial not to do any independent research
into the case. Terri Wright, a juror from Banton's 2011 trial, was
quoted in a Miami New Times report as saying that she researched parts
of the case even though the judge had ordered jurors not to.
"I would get in the car, just write my notes down so I could
remember, and I would come home and do the research," Wright was quoted
as saying.
New Times reporter Chris Sweeney testified Thursday that he
interviewed several jurors. Sweeney also provided the court with a
recording of his interview with Wright.
Wright testified that she sent Sweeney a text message after seeing
his story, saying there had been "a huge misunderstanding with
(Sweeney's) questions." Wright's text message also read, "I did not
violate the judge's instructions with this case. I did my research AFTER
the case was over and the verdict was given, NOT during the case. . I
trusted you and now feel totally betrayed."
Wright testified that she only researched Banton's music and the
federal Pinkerton rule, which involves liability among conspirators for
the actions of other conspirators.
There was no proof that Banton possessed a gun or was aware that a
co-defendant did, but because of the Pinkerton rule, Banton was
convicted of a weapons offense. Moody tossed the gun charge, but an
appeals court reversed that decision.
Wright said she told Sweeney that she had been a juror seven times
before serving on Banton's case, but she did not volunteer that
information to prosecutors or Banton's attorneys "because that wasn't a
question" during jury selection.
Moody called a sampling of three other jurors to ask if they
remembered hearing other jury members talk about doing outside research.
Two testified that had not heard anything, but one said she recalled a
white female juror saying she had researched the Pinkerton law. Wright
is black.
Assistant U.S. Attorney James Preston said Banton's defense had not
met the legal requirement for a mistrial by showing that the jury was
exposed to outside evidence that posed a reasonable possibility of
prejudice to the defendant.
Defense lawyer Chokwe Lumumba said jurors were ready to acquit
Banton, whose real name is Mark Myrie, before Wright shared her
research.
Banton is popular in his native Jamaica and won a Grammy for his last album before his drug conviction.
Courtesy Of RebelVibez
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