TAMPA, Fla. (AP) — 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.
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This Week’s Celebrity Instagrams (10/7-10/14)
25 photos Launch gallery
1. Nite | to the tune of @cnn 😞
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2. Got so much work to do but I just wanna stay in bed and binge watch #Gameofthrones and start the new season of #OnceUponATime. I know I can't be the only one. Right? Ha 💤🦁🍂 #saturday
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3. Mommy's weekend turn up ❤️👶🏾💕🍼 Wouldn't trade it for nothing. #TeamNoSleep lol #HesMyBiggestBlessing ✨
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4. One of them oh shit mont we made it feelings … this shit still be unreal 💯💪🏾 @remyboymonty1738
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5. Tickets Available October 14 @ticketmaster.
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6. People magazine Home edition has raided my house! Get a sneak peek into the bedroom life of the Leakes and see other parts of my home now at PEOPLE.COM
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7. They want to kick you when you down, but kick it when you up
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8. Got my advance copy of #Mafia3 at @gamestop. Get yours via link in the bio #Mafia3 #Ad
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9. This is some of the cast and our diverse team of writers in the writer's room creating funny sh*t for @nbcmarlon what a fun room! Lots of jokes, great stories and having a great time doing what we love... making people laugh and feel something. Look out for our show next year @nbcmarlon we bringing sitcoms back to NBC
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10. #HappySunday☀️Thank you @4everbrandy101 💛💡💛
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11. Happy to be back in Central Falls, RI breaking ground for the One Stop Health Center and hosting a local community event with #Vaseline.
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12. Thank you all in advance 💋💋💋 #Repost @urbansvintage・・・#TarajiPHenson's memoir #AroundTheWayGirl will be available everywhere TODAY October 11th! Will you be purchasing a copy? #UrbansVintage
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13. Moms got my back
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14. @galore dinner party glo ✨ thanks to @styledbygiigii
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15. 🌹#ThisIsWhatTheTruthFeelsLikeTOUR #forevereve
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16. Yes, all those videos I've been posting have led to this: the introduction of skincare to @TYRABeauty! This is the rundown on the new line:Years of research and beauty tips I live by led me to produce the most effective and delightful skincare out there. I'm all about taking really good care of my skin, so I can look like I'm aging in #TyraYears and go filter free on Instagram when I feel like it! Now, it's your turn. ✨My Mama always told me not to wash my face with just my hands. "Tyra, girl, you're just moving the dirt around!" And I've listened. First up is The Clean Machine.... ...a 3-in-1 foaming face wash that cleanses, removes makeup and purified your skin. It has patented technology - a attached Turbo Cleansing Tool - to give you that deep clean that makes your skin feel super fresh. Wanna know more? Yeah, baby. Click that link in my bio.
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17. On set of #beingmaryjane like... ❤️😬💃🏾
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18. #carouselofhope@yvetteshelton100@makeupbylatrice @thestacetheface@marialuciahohan24
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19. I refuse to let a little cold stop me from my daily routines to greatness. #onlythestrongsurvive #warriors
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20. Big things begin with big THINKING... #BusinessEthics #SetLife 🎥
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21. Goodnight - here's a song
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22. Words can't explain the feeling that I have right now.....God is good. look momma I made it. #Harts #Blessed #WhatNow #comedicrockstarshit #4DaysAway
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23. I tried to get a better video with out the nasty bib but she started getting mad at me..lol! Big cuz @the_queen_caitlin trying to show her what to do. #MamasToots #HeirBear👑💜
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24. Gorgeous Serena joined Beyoncé in Formation last night on stage in New Jersey!!!
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25. 😜 @lifeofdesiigner & @rockohill
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