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Wednesday, June 26, 2013
Banton
will
however continue to serve his 10-year
sentence for helping set up a deal to buy and sell 11 pounds of cocaine, but,
for now, he does not face an additional five years for a participant's carrying
of an illegal gun.
For jury foreman Terri Wright, the troubles
are just starting. She could face a fine and up to six months in prison if
found guilty of contempt
U.S. District Judge James S. Moody Jr.
concluded that Wright did independent research during Banton's February 2011
trial and then discussed her findings with other jurors, behaviour that came to
light after she did a newspaper interview in October 2012.
When accused of misconduct, Wright gave the court
the incorrect computer hard drive for a forensic examination, Moody decided,
after hearing the facts. The judge's finding contradicted Wright's assertion,
under oath, that it was the correct hard drive.
But computer forensics expert Larry Daniel testified
that the drive came from a desktop computer that sat idle from May 2010 to June
2011, a time frame that included the trial and its aftermath. The expert found
no Internet history during that 13-month span, nor any evidence that the hard
drive had been altered.
Yet, on various occasions, Wright has admitted to
researching Banton and the law.
All that has changed is the timing: In October, she
told a South Florida journalist in a recorded interview that she did research
during the trial. In December, she told the court that she did her research
after the trial.
Chokwe Lumumba, one of Banton's attorneys, pushed
her again Wednesday to pin down a time frame. She pushed back, telling him it's
been two years and she doesn't recall.
Moody said he was "very troubled" by the
matter.
He found cause to believe Wright researched a legal
theory called the Pinkerton rule, which was discussed during jury instructions
and may have been a topic of confusion among jurors.
Here's how it applied: If Banton was found to be
part of the drug conspiracy, the Pinkerton rule allowed jurors to also hold him
liable for a gun carried by conspirator James Mack. That's an automatic
five-year sentence bump, because it's a separate federal crime to carry a
firearm during a drug-trafficking offense.
Moody said it is difficult to explore the impact
that juror Wright's input might have had on deliberations, lacking a hard drive
that reflects Internet use.
But because the gun verdict depended on the
Pinkerton rule, he set the verdict aside and left it to the government to
decide whether to retry Banton on that one remaining count.
It wasn't Moody's first crack at separating Banton
from the gun verdict. The judge dismissed the charge at sentencing, saying
Banton could not have known that Mack would carry a gun. But an appeals court
reinstated it.
Defense attorney Lumumba said afterward that he
appreciated Moody's decision on the gun charge but he didn't think the judge
went far enough.
"I thought he should have thrown out the whole
case," Lumumba said. "If we can't believe her on the Pinkerton issue,
we can't believe her on anything else."
Wright's attorney, Lori Palmieri, declined to
comment about the looming contempt charge.
Banton, whose real name is Mark Anthony Myrie,
attended the hearing, cigar-thick dreadlocks pulled back into a loose braid.
Asked how he is doing, Lumumba said this:
"Creative minds suffer when locked up."
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