Thursday, March 3, 2011

Buju Banton Motion for Acquittal/New Trial.



You can read David's handiwork here (Scribd was acting buggy).

Here's the well-written intro from the motion:
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?

23 comments:

  1. If that gun count sticks (including after the appeal), I may stop practicing law. It is ridiculous.

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  2. Buju is innocent.

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  3. Case should have been won

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  4. how did the jury convict this guy????

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  5. @ 7:01

    you ever tried a case in the middle district? juries are made up of crotchety tea-party retirees on the public dole (social security and medicaid)too stoopid to know that they themselves are welfare babies.

    they got in for the black man.

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  6. yes, actually i have. i live and work in tampa. and not unlike charlie sheen,im winning. this case should have been won. buju was not guilty. the only witness against him was a paid informant.

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  7. The government's response(???):

    Banton knew he was going somewhere on December 8 to negotiate a drug deal; the jury found he reached an agreement, had knowledge a drug transaction was being done, and had enough information to reasonably conclude there would be guns present; whether or not he knew Mr. Mack would be there or not is irrelevant.

    Result: Affirmed.

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  8. i've never met this markus guy and i probably couldn't pick him out of a lineup of coral gables senior high school students, but me gypsy intuition says if anybody gets this overturned its him

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