'Keep us in your prayers'
Published:Friday | February 18, 2011 | 12:00 AM
Daraine Luton, Senior Staff Reporter
David Oscar Markus, the attorney for reggae star Buju Banton has declared that the prosecution failed to prove its case beyond all reasonable doubt that the singer was involved in a conspiracy to possess cocaine.
According to Markus, neither has it been proven that he committed the other crimes for which he has been accused.
"Don't fall for the oldest trick in the book. The oldest trick in the book is to throw as many charges against the wall and hope one stick," Markus told the jury in closing arguments at the United States Middle District Court, Florida Division, in Tampa yesterday.
He said the charges brought against Buju have not been proven and has described as "absurd" the firearm charge as well as aiding and abetting the commission of a felony through the use of a communication device.
"Ladies and gentlemen of the jury, please think about what they are asking you to do," Markus said, arguing that the government is "desperate" to convict Buju.
"Don't compromise, return a not guilty verdict on all four counts," Markus later told the jury.
'Buju not guilty'
Pulling on a quote from the classic novel To Kill a Mocking Bird and linking it to Buju, Markus said the evidence presented by the government does not support the position that Buju committed crimes for which he is being tried.
" 'Mockingbirds don't do one thing but make music for us to enjoy ... but sing their hearts out for us. That's why it's a sin to kill a mockingbird'," Markus said while looking at the jurors.
He added: "Please, please, Mark Myrie is not guilty."
However, prosecutor Jim Preston said the trial was not about Buju Banton, the reggae superstar.
"It is about Mark Myrie, the drug conspirator."
Buju is being tried on charges of conspiracy to possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine, attempting to possess five kilograms or more of cocaine, knowingly and intentionally possessing a firearm in furtherance of and during the course of a drug-trafficking crime and aiding and abetting others in using a communication facility in the commission of a felony.
The government, through Preston, has argued that Buju, through Ian Thomas - his long-time friend, brokered a deal to purchase cocaine from undercover detectives. The US$135,000 deal would see the cocaine being purchased and sent to dealers in the US state of Georgia.
Preston said Buju willingly participated in the deal and said when the recording artiste thanked Alexander Johnson for the opportunity "to be myself again" it was in relation to drug deals.
He also said Buju wanted to stay far from the arrangements and hence his reason for encouraging Thomas to exchange telephone numbers with Johnson at the warehouse where they inspected cocaine. Thomas, he said, was working on Buju's behalf.
Use common sense
Markus has asked the jury to apply common sense and ask why the government didn't call Thomas to testify in the case.
"Don't guess a man's guilt," Markus begged the jury.
Buju spent most of the morning session pleading his innocence to the jury while being cross-examined by Preston. When his time was done on the stand, the Grammy award winner returned to his seat with concern written all over his face.
He later told well-wishers outside the courtroom, "Let's remain confident for the victory of good over evil."
Presiding judge Jim Moody will this morning instruct the jury on how to consider the matter in its deliberation and thereafter Buju's destiny will be in their hands.