Case 8:09-cr-00572-JSM-TGW Document 453 Filed 03/31/13 Page 1 of 3 Pagel D 3655
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA
VS. NO. 8:09CR572-T-30TGW MARK ANTHONY MYRIE
SUPPLEMENT TO SECOND AMENDED RENEWED MOTION
FOR ORDER FINDING JURY MISCONDUCT
AND THE GRANTING OF A NEW TRIAL
COMES NOW the Defendant, Mark Anthony Myrie, hereinafter ("Myrie"), through counsels, and files this Supplement to Second Amended Renewed Motion For Order Finding Jury Misconduct And The Granting Of A New Trial and shows the Court as follows:
- Myrie contends, in his Second Amended Renewed Motion For Order Finding Jury Misconduct and The Granting of A New Trial, that juror Terri Wright, hereinafter "Wright", did not provide, as ordered by the Court, the computer hard drive, she did her Internet research on after the trial when it was still fresh in her mind, as she testified in Court to at the December 20, 2012 hearing,
- In a newspaper article, attached hereto as Exhibit "1", Wright's attorney, Lori Palmieri, is quoted in a March 26, 2013 Tampa Bay Times news article as saying about her client: "[S]he only had one computer, it was a laptop, and she brought it. In my opinion, end of story, but not in their story."
- Also attached hereto as Exhibit "2" is the March 28, 2013 Supplemental Case Report of Myrie's Computer Forensic Expert Larry Daniel. Daniel examined the
Case 8:09-cr-00572-3SM-TGW Document 453 Filed 03/31/13 Page 2 of 3 PagelD 3656
hard drive provided by Wright per the Court's order. Daniel states in part in his supplemental case report that "[T]he hard drive delivered to me for forensic imaging was a full size hard drive from a desktop or tower computer."
4. The obvious conclusion from this conflict in facts is that Wright did not produce her lone laptop computer hard drive and instead provided the Court with some other desktop hard drive. This explains why the computer hard drive Wright provided had no internet use during the time period in question though Wright told the Court she did her research after the trial while the issues were fresh on her mind,
This the 31st day of March 2013.
Respectfully submitted
MARK ANTHONY MYRIE
By:
s/ lmhotep Alkebu-lan
lmhotep Alkebu-lan MSB#10592
Post Office Box 31107 Jackson, Mississippi 39286-1107
601-353-0450 Telephone 601-353-2818 Telecopier lalkebulan@aol.com
CHOKWE LUMUMBA MSI3 #8865
Post Office Box 31762
Jackson, Mississippi 39286-1762
601-353-4455 Telephone 601-353-2818 Telecopier clumumbafreelon@aol.com
ATTORNEYS FOR DEFENDANT
Case 8:09-cr-00572-JSM-TGW Document 453 Filed 03/31/13 Page 3 of 3 PagelD 3657
CERTIFICATE OF SERVICE
I hereby certify that on the below date I electronically filed the foregoing with the Clerk of the Court using the ECF system which sent notification of such filing to the following individual (s):
David Oscar Markus, Esq. Marc David Sellers, Esq. 40 N.W. 3rd Street Penthouse One Miami, FL 33128
James C. Preston, Jr. Anita M. Cream AUSA
400 N. Tampa Street Tampa, FL 33602
I hereby certify that I have mailed by United States Postal Service the document to the following non-ECF participant:
William Harold Long Jr. Attorney At Law
99 NW 183rd Street
Suite 241D
Miami Gardens, FL 33169-4551
This the 31st day of March 2013.
Lori D. Palmieri
Attorney At Law
13055 W. Linebaugh Avenue Tampa, FL 33626
s/ Imhotep Alkebu-lan
Imhotep Alkebu-lan
Tampa Bo ZEint6
Search of Banton juror's computer finds no trait of misconduct
Tuesday, March 26, 2013 3;06pm
TAMPA — Lawyers for imprisoned reggae star Buju Banton had an expert search juror Tern Wright's computer this month to see if she read up on him while hearing his 2011 drug case.
While the expert found a trail of 1.6 million Internet history records, none pertained to the time frame under scrutiny: Feb, 14, 2011, to March 8, 2011, dates that include the trial and the two weeks that followed.
On Monday, the Banton side renewed its attack, claiming she surrendered the wrong device. Not so, said her attorney, Lori Palmieri, on Tuesday,
"She only had one computer; it was a laptop, and she brought it. In my opinion, end of story, but not in their story.
Banton, whose real name is Mark Anthony Myrie, was convicted Of trying to set up a deal to buy ii pounds of cocaine and sentenced to io years in prison.
His lawyers want a new trial.
Search otElanton Juror's computer finds no trail of misconduct 03126113
© 2013 Tampa Bay Times
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Computer Forensics Report Supplemental
Date: 3(28/13
Prepared By: Larry E. Daniel, EnCE, ACE, DFCP, BCE, CTNS Case Name: US v. Mark Anthony Myrie
Case Number: BM-CR-572-7-30EN
_ _ _ _...Narrative.. . .
The hard drive delivered to me for forensic imaging was a full size hard drive from a desktop or tower corn puter.
.1 returned the hard drive copy to the court, via FedEx, on 3/201 - —
-END OF REPORT-- •
Case 8:09-cr-00572-JSM-TGW Document 454 Filed 04101/13 Page 1 of 2 PagelD 3660
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 8:09-CR-572-T-30TGW MARK ANTHONY MYR1E
GOVERNMENT'S MOTION FOR COPY OF EXHIBIT
The United States of America, by its undersigned Assistant United States Attorney, respecffully files the following:
In order to respond to the defendant's Motion for New Trial, the United States would like to review Defendant's Exhibit 2 (Doc. #415) introduced at the December 20, 2012 evidentiary hearing in this case.
The Clerk's Office advises that a Court Order is needed for the release of the exhibit for copying. Consequently, the government seeks an Order authorizing the temporary release of Exhibit 2 to the United States for copying after which, Exhibit 2 will be promptly returned to the Court.
Respectfully submitted,
ROBERT E. O'NEILL United States Attorney
By: s/James C. Preston, Jr.
JAMES C. PRESTON, JR.
Assistant United States Attorney Florida Bar No. 0383155
400 North Tampa Street, Suite 3200 Tampa, Florida 33602
Telephone: (813) 274-6000
Facsimile: (813) 274-6125
Email: james,prestonusdoj.gov
Case 8:09-cr-00572-JSM-TGW Document 454 Filed 04/01/13 Page 2 of 2 PagelD 3661
U.S. v. MARK ANTHONY MYRIE CASE NO 8:09-CR-572-T-30TGW
CERTIFICATE OF SERVICE
I hereby certify that on April 1, 2013, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following:
David Oscar Markus, Esquire
Imhotep Alkebu-lan, Esquire
Chokwe Lumumba, Esquire
I hereby certify that on April 1, 2013, a true and correct copy of the
foregoing document and the notice of electronic filing was sent by United States Mail to the following non-CM/ECF participant:
William Harold Long, Jr.
99 NW 183rd Street
Suite 2410
Miami Gardens, FL 33169-4551
s/James C. Preston, Jr.
JAMES C. PRESTON, JR. Assistant United States Attorney Florida Bar No. 0383155
400 North Tampa Street, Suite 3200 Tampa, Florida 33602
Telephone: (813) 274-6000 Facsimile: (813) 274-6125 Email: james.preston@usdoj.gov
T:\CrimrrI Cases\MIMyrie, Mark, at al._2009R03389 jcplp_governments Motion for copy of exhiblt,wpd
2
Case 8:09-cr-00572-JSM-TGW Document 454-1 Filed 04/01/13 Page 1 of 1 PagelD 3662
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA
V. CASE NO. 8:09-CR-572-T-30TGW MARK ANTHONY MYRIE
ORDER
The United States' Motion for Copy of Exhibit is granted. The Clerk is directed to provide Defendant's Exhibit 2 to Assistant United States Attorney James C. Preston, Jr., for copying and prompt return to the court.
DONE AND ORDERED at Tampa, Florida, this_ day of April, 2013.
JAMES S. MOODY, JR. United States District Judge