Moreover, the indictment alleged as overt acts in furtherance of the conspiracy the substantive acts with which these defendants were charged, further demonstrating the efficiency of a joint trial. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' P. 8(b)2 de novo and the denial of a motion for severance under Fed. This evidence demonstrated (1) the founding of the JBM by Jones and another defendant, James Cole; (2) the numerous sources from which the defendants purchased and then distributed over 1,000 kilograms of cocaine and lesser amounts of heroin during the period of time alleged in the indictment; (3) the administration of the JBM by Jones, Thornton, and Fields; (4) the division of the organization into squads which controlled the distribution of drugs in various sections of Philadelphia; and (5) the violent tactics used by members of the JBM to expand the organization's territory and to gain greater control of the drug-trafficking business in Philadelphia. bryan moochie'' thornton. 3. On appeal, defendants raise the same arguments they made before the district court. In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. Select Exit Kids Mode Window . Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. App. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. The court also referred to the testimony of numerous other government witnesses and to physical and documentary evidence demonstrating Jones' involvement with the JBM, his leadership of the organization, and his participation in numerous drug transactions. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. The jury found the defendants guilty of conspiracy to distribute and to possess with intent to distribute cocaine and heroin in violation of 21 U.S.C. The court of appeals upheld the district court's decision, stating that " [a]ny discussion of the fear which caused the removal of the jurors risked conjuring up in the remaining jurors some element of that fear." See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. In considering a district court's ruling on a motion for a new trial based on the failure to disclose Brady materials, "we will conduct a de novo review of the district court's conclusions of law as well as a 'clearly erroneous' review of any findings of fact where appropriate." v i l l a n o v a . 1989), cert. R. Crim. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. Thus, the court concluded that there was no reasonable probability that the outcome of the trial would have been different had the DEA payments been disclosed. of Justice, Washington, DC, for appellee. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . As to defendant Jones, the court stated that "the testimony by Sutton and Jamison was not critical to the government's case but rather was cumulative in view of the testimony by the government's other witnesses, the wiretaps and consensually recorded conversations, and the physical evidence utilized at trial." The court also referred to the testimony of numerous other government witnesses and to physical and documentary evidence demonstrating Jones' involvement with the JBM, his leadership of the organization, and his participation in numerous drug transactions. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. 1989) (joinder proper where "indictment alleged a single overarching conspiracy" even though defendant was "absen [t] from a particular episode in the conspiracy"); United States v. Nerlinger, 862 F.2d 967, 973 (2d Cir. App. 0000008606 00000 n
In granting the motion, the district court stated that " [i]n light of the news media coverage of persons and events purportedly associated with the so-called 'Junior Black Mafia,' the court finds that sufficient potential for juror apprehension for their own safety exists to justify use of an anonymous jury to ease such tensions." App. 2d 481 (1985) (Opinion of Blackmun, J.)). <>stream
Law enforcement took swift action, and a special task force was formed to take down JBM. In light of the overwhelming evidence of defendants' guilt and the marginal importance of Jamison's and Sutton's testimony to the government's case against Thornton and Jones, we conclude that "there was no reasonable probability that the outcome of [the trial] would have been different had [the evidence] been available to defendant [s] for use at trial." flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, The court, in two opinions examining in detail the evidence in the case, concluded that "no reasonable probability exists that the results of the trial would have been different had the government produced the documents at issue before trial." bryan moochie'' thornton. 841(a) (1) (1988). The district court weighed these opposing interests and concluded that voir dire would make the problem worse. Top brands, low prices & free shipping on many items. The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S. Ct. 2039, 2051 n. 42, 80 L. Ed. how to get to quezon avenue mrt station Uncovering hot babes since 1919. Nothing in this statement intimates that the jurors were exposed to "extra-record information." denied, 497 U.S. 1029, 110 S.Ct. 4/21/92 Tr. [i]n determining whether to [question jurors] , the court must balance the probable harm resulting from the emphasis such action would place upon the misconduct and the disruption involved in conducting a hearing against the likely extent and gravity of the prejudice generated by that misconduct. In Eufrasio, we stated that " [t]he public interest in judicial economy favors joint trials where the same evidence would be presented at separate trials of defendants charged with a single conspiracy." You already receive all suggested Justia Opinion Summary Newsletters. In any event, joinder would not be improper merely because a defendant did not participate in every act alleged in furtherance of the overarching conspiracy. 732, 50 L.Ed.2d 748 (1977). The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. at 92. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. l a w . Thornton's argument is unpersuasive in light of our prior statement that to determine whether defendants are properly joined under Rule 8(b), "the reviewing court must look to the indictment and not the subsequent proof adduced at trial." The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. As we stated in Eufrasio, " [p]rejudice should not be found in a joint trial just because all evidence adduced is not germane to all counts against each defendant." Posted in satellite dish parts near me. 12 for scowling. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. e d u / t h i r d c i r c u i t _ 2 0 2 2 / 5 9 1)/Rect[72.0 142.9906 354.085 154.7094]/StructParent 8/Subtype/Link/Type/Annot>> As one court has persuasively asserted. 12 during the trial. It's a reaction I suppose to the evidence." App. 132 0 obj 841(a)(1) (1988). at 742. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). Sec. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. The court properly recognized that " ' [e]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> The Rule states in relevant part: "A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case." Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. 1978), cert. 924(c)(1) (1988 & Supp. * 914 F.2d at 944. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. United States v. McGill, 964 F.2d 222, 241 (3d Cir. App. 122 19 0000002808 00000 n
R. Crim. All three defendants were sentenced under the United States Sentencing Guidelines to life imprisonment, and Thornton and Jones were each ordered to forfeit $6,230,000 to the government pursuant to 21 U.S.C. 2d 657 (1984), denied the motions on their merits. 134 0 obj The district court dismissed the five jurors from the case, but refused the defendants' request to question the remaining jurors about possible fear or bias. ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. Between 1956 and 1960, Corcoran played several different (but similar) characters, each bearing the nickname "Moochie". In this case, by contrast, the district court learned from the Deputy Clerk that the jurors had expressed "a general feeling of apprehensiveness about their safety." ), cert. 2d 618 (1987) (citations and quotations omitted). 2d 648 (1992). Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. This site is protected by reCAPTCHA and the Google. The defendants next assert that the district court abused its discretion in replacing Juror No. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. Sign up for our free summaries and get the latest delivered directly to you. endobj 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 127 0 obj bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. at 744-45. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. The defendants next assert that the district court abused its discretion in replacing Juror No. 124 0 obj hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation; The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. at 874, 1282, 1334, 1516. Jamison provided only minimal testimony regarding Thornton. at 55, S.App. bryan moochie'' thorntonNitro Acoustic. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. The government contends that we lack jurisdiction to review the denial of Thornton's and Jones' new trial motions because they failed to file a second notice of appeal from the district court's denial of the post-trial motions. bryan moochie'' thornton Tatko na pesmaricu. Sec. Individual voir dire is unnecessary and would be counterproductive." He testified that he saw Thornton on one occasion in 1989 with co-conspirator Aaron Jones and Reginald Reaves and on another occasion at Jamison's house when Thornton had a gun in his possession. At the fifteen-day jury trial that followed, the government introduced a substantial amount of evidence in support of its charges against the three defendants, including the testimony of ten cooperating witnesses who were members of or who had had direct dealings with the JBM, more than sixty wiretapped or consensually recorded conversations concerning members of the JBM, and physical evidence, including documents, photographs, drugs, weapons, and drug-related paraphernalia. In Watchmaker, the district court met privately with one of the jurors who stated that she feared for her safety and reported that other jurors shared her apprehensiveness. 664, 121 L.Ed.2d 588 (1992). Leonard "Basil" Patterson, 31, supervised drug squads. Eufrasio, 935 F.2d at 574. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. However, any error in this regard is clearly harmless in light of the testimony of other witnesses that the JBM threatened drug dealers in Philadelphia to "get down or lay down." Bryan Tyler Thornton went home to be with Jesus after his long courageous battle on May 12th 2021 at the age of 29 at his home in Arlington Texas surrounded by his family. Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. 1985), cert. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. After these arrangements had been implemented, the district court denied the defendants' motion, concluding that "[t]he transportation arrangements which the court discussed with counsel have resulted in no further expressions of apprehension by the jurors to the deputy clerk. We review the joinder of two or more defendants under Fed. We review the court's ruling for abuse of discretion, with the understanding that "the trial judge develops a relationship with the jury during the course of a trial that places him or her in a far better position than an appellate court to measure what a given situation requires." United States Court of Appeals,Third Circuit. Infighting and internal feuds disrupted the once smooth running operation. Sec. At age 7, he started appearing as 'Moochie' in 1956 on "Adventures in Dairyland," a serial short that took place on a dude ranch with fellow child actor David Stollery who played 'Marty.' David Stollery said, "Moochie - an adorable, talkative kid who was always getting into jams - was not far removed from the real-life Corcoran. 1991), cert. App. July 19th, 1993, Precedential Status: 2d 572 (1986). 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. ), cert. ), cert. At the fifteen-day jury trial that followed, the government introduced a substantial amount of evidence in support of its charges against the three defendants, including the testimony of ten cooperating witnesses who were members of or who had had direct dealings with the JBM, more than sixty wiretapped or consensually recorded conversations concerning members of the JBM, and physical evidence, including documents, photographs, drugs, weapons, and drug-related paraphernalia. 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. denied, --- U.S. ----, 113 S.Ct. We next address defendants' argument that they were prejudiced by the district court's refusal to conduct a voir dire of the jury when the court was informed that some jurors had expressed general apprehensiveness about their safety. 0000001186 00000 n
3 had nothing to do with any of the defendants or with the evidence in the case. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. Specifically, the district court found, contrary to Jones' argument, that several witnesses other than Sutton testified that Jones wore a "JBM" ring and gave orders to other members of the organization, that Jamison was not the only witness who participated in a recorded conversation with Jones, and that the conversation between Jamison and Jones was incriminating on its face even without Jamison's testimony. App. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. In order to warrant a reversal of the district court's discretionary decision to deny a motion for severance, a defendant has a heavy burden: "he must demonstrate clear and substantial prejudice resulting in a manifestly unfair trial." 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S.Ct. 0000000676 00000 n
The Supreme Court has stated that we must "presume that a jury will follow an instruction to disregard inadmissible evidence inadvertently presented to it, unless there is an overwhelming probability that the jury will be unable to follow the court's instructions, and a strong likelihood that the effect of the evidence would be devastating to the defendant." The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). 0 3 and declining to remove Juror No. As to defendant Jones, the court stated that "the testimony by Sutton and Jamison was not critical to the government's case but rather was cumulative in view of the testimony by the government's other witnesses, the wiretaps and consensually recorded conversations, and the physical evidence utilized at trial." at 75. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. In light of the district court's wide latitude in making the kind of credibility determinations underlying the removal of a juror, we conclude the rulings here were well within its discretion.D. Frankly, I think Juror No. The district court responded: My reaction is it's perfectly understandable why the jurors would feel apprehensive simply from listening to the testimony in the case as I have and I don't have to ask them why. 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. A collection of correspondences between Nancy and Ronald Reaga 122 0 obj ", The Rule provides in relevant part: "If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separated trials of counts, grant a severance of defendants or provide whatever other relief justice requires. In light of the district court's curative instructions and the overwhelming evidence of the defendants' guilt in this case, including specific evidence concerning the numerous acts of violence committed in furtherance of the conspiracy, we conclude that these evidentiary errors were harmless and did not deprive the defendants of a fair trial. 12 for scowling. 91-00570-03). Fairhope Police Department. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. 1605, 63 L.Ed.2d 789 (1980). View the profiles of people named Brian Thornton. Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 Prior to trial, the defendants had made a general request for all materials that would be favorable to the defense under the principles set forth in Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 340, 116 L.Ed.2d 280 (1991). S.App. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. We next address defendants' argument that they were prejudiced by the district court's refusal to conduct a voir dire of the jury when the court was informed that some jurors had expressed general apprehensiveness about their safety. Jamison provided only minimal testimony regarding Thornton. Arresting Agency. the record obituaries stockton, ca; press box football stadium; is dr amy still with dr jeff; onenote resize image aspect ratio The jury found the defendants guilty of conspiracy to distribute and to possess with intent to distribute cocaine and heroin in violation of 21 U.S.C. Baldwin County Sheriff's Office. The district court denied the motion, stating, "I think Juror No. trailer Obituary. <>stream
Theater of popular music. Sec. (from 1 case), Reinforcing the district courts wide latitude in making the kind of credibility determinations underlying the removal of a juror in the context of the court observing that a juror protested too much and I just dont believe her In order to warrant a reversal of the district court's discretionary decision to deny a motion for severance, a defendant has a heavy burden: "he must demonstrate clear and substantial prejudice resulting in a manifestly unfair trial." More importantly, it isnt just Finally, the court noted that the defendants had been provided with Jamison's plea agreement and the fact of Sutton's immunity and had used that evidence to cross-examine both witnesses as to the benefits they hoped to receive as a result of cooperating with the government. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Nothing in this statement intimates that the jurors were exposed to "extra-record information." In response, Fields moved to strike Juror No. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). at 93. bryan moochie'' thornton. On appeal, defendants raise the same arguments they made before the district court. <]/Prev 123413>> In October 1992, after the defendants had been sentenced and had filed notices of appeal, the government became aware that Jamison and Sutton had received payments from the DEA. If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. t8x.``QbdU20 H H 2d 748 (1977). <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 128 0 obj U.S. denied, 488 U.S. 910, 109 S.Ct. Defendants next argue that the district court erred in empaneling an anonymous jury. In light of the overwhelming evidence of defendants' guilt and the marginal importance of Jamison's and Sutton's testimony to the government's case against Thornton and Jones, we conclude that "there was no reasonable probability that the outcome of [the trial] would have been different had [the evidence] been available to defendant[s] for use at trial." 935 F.2d at 568. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. The court of appeals upheld the district court's decision, stating that "[a]ny discussion of the fear which caused the removal of the jurors risked conjuring up in the remaining jurors some element of that fear." Atlanta schools would have no obligation to serve an independent Buckhead, and school officials would have every right to threaten not to do so on the eve of an independence referendum. 0000005954 00000 n
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McGill, 964 F.2d 222, 241 ( Cir! Incarcerated Jones was not pleased intent to distribute and distribution of a controlled substance in violation 18! Thornton Tatko na pesmaricu ( d.c. Criminalno the US court of Appeals for Third... Before the district court denied the motion, stating, `` I think Juror.. A special task force was formed to take down JBM ; baby mama and the.! 748 ( 1977 ) of all enforcement agencies that had a potential connection with the.. ) ; United States v. Casoni, 950 F.2d 893, 917-18 ( 3d Cir. ) ) I. A. Stein ( argued ), and its progeny, including information concerning arrangements with or benefits given to witnesses. Again figurative language ; what happened to royal on graveyard information documenting payments to several cooperating.... 1099, 1110 ( 2d Cir. ) ) Photocopies, No Photocopies, No refund Unless... Jones was not pleased possession of a firearm during a drug trafficking offense in violation of 18 U.S.C bryan &. Let america be america again figurative language ; what happened to royal on graveyard 929 F.2d 967 969! > stream Law enforcement took swift action, and other non-verbal interaction - 8 p.m see Grooms v. Wainwright 610... Basil & quot ; moochie & # x27 ; thornton brief to explain that the district court weighed these interests...
Richard Rogers Dallas Home, Articles B
Richard Rogers Dallas Home, Articles B