Mr. David Oscar Marcus the lawyer representing jailed dancehall/reggae act Buju Banton has demanded the details of the prosecution’s confidential witness on Monday March 29, 2010 via an application filed in a middle district Florida court. The prosecution was accused of not disclosing more facts about their confidential source despite the court’s order to them to do so. Mr. Marcus said the information is needed urgently as the April 19 trial date draws near. The defense according to Mr. Marcus has so far found out that confidential source was paid an alleged three plus million dollars and the name of the individual.
He is said to be a convicted drug trafficker and that he should have been deported but was allowed to stay in the country due to cooperation the defense said information from the prosecution shows allegedly that the confidential source owes taxes and another judge had found him untruthful. Mr. Marcus says that the prosecution complies with the disclosure order as a matter of importance as witch was so given on March 4, 2010 originally. The disclosure should also reveal cases in which the confidential source was said to have testified as well as recommendations and other favourable treatment from prosecutors or law enforcement regarding the sources immigration status, the defense also wants to know about the civil matter involving tax debts being negotiated between the confidential source and the IRS. He said the information is needed to effectively cross examine the government’s witness.
Buju Banton is answering charges of Conspiracy to possess with intent to distribute cocaine.
The emergency motion that was asked of the court by his legal team in Florida to remove, transfer or bail him from the county jail where he is presently incarcerated was denied. His lawyer had told the court that since his arrest in December 2009 Buju Banton had lost some 40 pounds and has not been provided with the vegetarian diet as his religious beliefs dictate. Mr. Marcus said Buju is being treated in an inhumane way as he was sent out of the general population to the maximum security wing of the facility because he had the audacity to share his food with another inmate the court however found that the allegations of inhumane treatment and unfair treatment in lockup cannot be proven. The US magistrate presiding at the time ordered on Monday march 24, 2010 that Buju be detained pending the final outcome of the trial he also ordered that the reggae star be afforded reasonable opportunity to private consultations with his attorney.
Contrary government records and court matters
The government exhibits according to the presiding magistrate tell a different story, according to the judge Buju Banton gained 11 pounds since January 5, 2010 when he was taken to the county jail. Government documents also reveal that his weight gain may have resulted from him consuming meat products such as ham, chicken, tuna, sausage, cheese and other non vegetarian purchases at the commissary while he was housed in the general population section of the facility. A jail official named Captain Fletcher was said to have told the court that the first he heard of Buju Banton’s special dietary needs was days before the court hearing on March 24, 2010. The magistrate says the court cannot overlook the fact that concerns about Buju’s weight were never previously raised with the court until the defendant was transferred from one section of the jail to another, the magistrate said the wardens were right to transfer Buju from the central division to the south division of the jail due to him sharing his food with another inmate. Captain Fletcher testified that the jail prohibits inmates from giving away food as it is a valuable commodity in jail and can be wrongfully used by inmates however that was not the reason why Buju Banton was transferred to the south division.
The court found evidence that Buju Banton violated jail rules not only by giving away food to another inmate but by confronting one Corporal Johnson when he was being reprimanded about it. The magistrate found that the core of Buju’s displeasure is his transfer to the other section where certain amenities do not exist as previously. There is said to be no running hot water, no microwave oven and less access to the recreation yard. Contrary to Buju Banton’s assertion of him being moved to a maximum security wing the south section is not so.
He will not get any special treatment than any of the other inmates the magistrate hinted.
So we now see the real reason for the transfer as I had hinted in a previous post that just the sharing of food alone could not have been it. While I can understand the need for council to represent their client I am still weary of his conduct and presentation as a lawyer it looks on the face of it all kinds of moves are being made to present a sympathetic stance in the eyes of the public. Public sentiments though concerned has died down considerably as other legal, national and entertainment issues have taken center stage and the slow pace of the trial issue isn’t helping either as Jamaicans are known to have a short attention span.
One thing is for certain there is still a belief that he is being set up by the gay community as punishment for his anti gay stance and the Boom Bye Bye song recorded several years ago which is still available today.
Let’s watch this carefully as I want to see a fair trial without the cloudy gay issue spoiling it.
Peace and tolerance
H
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