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Juror misconduct investigation in Buju Banton case expands

By ELAINE SILVESTRINI | The Tampa Tribune
Published: January 04, 2013
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TAMPA —
A federal judge is expanding his investigation into possible juror misconduct in the drug trial of reggae star Buju Banton.

U.S. District Judge James Moody on Friday ordered U.S. Marshals to seize computers belonging to jury foreperson Terri Wright to allow a defense expert to look for evidence of Internet research conducted during the trial.

Banton, whose real name is Mark Myrie, is serving a 10-year prison sentence on two drug charges. The Grammy winner faces an additional five years on a related gun possession charge, but his resentencing hearing was postponed to investigate the report of juror misconduct.

Moody also told lawyers during a telephone conference on Wednesday that he plans to subpoena more jurors and conduct another hearing into allegations that Wright violated his orders not to do outside research during the trial.

Wright told a reporter for a South Florida newspaper that she researched the case, apparently during the trial. “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 said in response to a question about whether she did her research during or after the trial.

Wright and three other jurors were called to testify at a hearing before Moody last month, and Wright then insisted her research had been conducted only after the case was over.

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.

Two of the other jurors testified that they had not heard anything about fellow jurors doing research during the trial. But one said she recalled a white woman juror saying she had researched the Pinkerton law. Wright is black.

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