January 10th, 2013 | By

Judge James Moody who ordered the seizure of a juror’s home computers in the drug case involving reggae star Buju Banton rescinded his order on Tuesday.
Judge James Moody issued an order Friday that a U.S. marshal visit the home of juror Terri Wright of Tampa to seize her computers after concerns were raised that she conducted research on Banton’s case during his 011 trial.
However, the judge reconsidered the order this week after the prosecution raised privacy and due process concerns.
Moody has since instructed Wright to bring the hard drive of any computer she owns or the computer itself to a court hearing on Feb. 19.
Buju’s attorneys are seeking a new trial for the artist, 39, who is serving a 10-year prison sentence on drug charges after his 2011 conviction. His lawyers note that Wright is quoted in an October issue of Miami New Times story saying she conducted Internet research on Banton’s case during his trial.
That would have violated a judge’s instructions against doing so and could be grounds for throwing out Banton’s conviction. At a hearing last month, Wright said she did the research after the trial ended, not before.
A defense expert was to have examined the computers to determine if Wright is telling the truth.
In a motion on Monday, the prosecution questioned whether Moody’s order violated Wright’s privacy and constitutionally guaranteed due process protections. They said the Fourth Amendment protects citizens from unreasonable search and seizures and the judge provided no directions on how to go about the seizure.
According to the motion, “The order theoretically would permit the marshal to enter the juror’s home, business or vehicle and take any computer device (desktop, laptop, tablet, smartphone) found therein. The order allows for these devices to be held indefinitely, without any regard for the disruption the loss of personal computers might have on Ms. Wright’s affairs.”
Moody’s Tuesday ruling did not offer any reasoning for his reversal.
Imhotep Alkebulan, a member of Buju Banton’s legal team, said they were thankful that the court granted their motion to have juror Terri Wright’s computers seized so as to allow defense experts to look for evidence of Internet research conducted during the trial.
Judge Moody 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.
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