1992). 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. In response, Fields moved to strike Juror No. 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. 922(g) (1) (1988). Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. 0000001005 00000 n 2d 769 (1990). 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. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir.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.1988) (joinder proper even though defendants' "respective acts committed in furtherance of the conspiracy occurred during chronologically distinct periods").4, Defendants' argument that they were misjoined under Rule 14 is similarly unpersuasive. Jamison did not implicate Thornton in any specific criminal conduct. 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. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. From Free Law Project, a 501(c)(3) non-profit. 1985), cert. Sign up for our free summaries and get the latest delivered directly to you. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). at 2378. 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. Address 701 E. Parkcenter Blvd. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). We review the district court's ruling for abuse of discretion and must be "particularly deferential" to the district court's "substantial discretion" to empanel an anonymous jury. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 1 F.3d 149, Docket Number: at 742. 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 defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. There is no indication that the prosecutors made any follow-up inquiry. Sec. 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." 125 0 obj See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. 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. Law Project, a federally-recognized 501(c)(3) non-profit. bryan moochie'' thornton. ), cert. 841(a)(1) (1988). The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Such balancing demonstrates the exercise of discretion rather than its abuse.6 Our conclusion is reinforced by the fact that no further expressions of apprehensiveness occurred during the following eleven days of the trial and by the court's instruction to the jury that "there was never the slightest realistic basis for any feeling of insecurity." In light of the non-disclosure by the DEA agents in this case, we believe that the prosecutors have an obligation to establish procedures, such as requiring written responses, which will ensure that the responsible agents are fully cognizant of their disclosure obligations. 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. ), cert. at 75. 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. 935 F.2d at 568. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. Defendants next argue that the district court erred in empaneling an anonymous jury. See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 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. 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. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. at 93. ), cert. startxref U.S. The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. at 55, S.App. Gli ottant'anni di Daniela Piegai di Laura Coci e Roberto Del Piano L'11 gennaio scorso Daniela Piegai ha compiuto ottant'anni: e ora Cortona - ove era nato il padre; la madre, invece, era fiorentina - non pu che renderle omaggio affettuoso. denied, --- U.S. ----, 112 S.Ct. Foley Police Department. (from 1 case), Affirming the District Courts decision to replace a juror who was observed by a marshal to be exchanging smiles, nods of assent, and other non-verbal interaction with the defendant On Day 4 of the trial, the district court called a side bar conference and stated to counsel: My Deputy Clerk advises me that some of the jurors have expressed a general feeling of apprehensiveness about their safety. [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. United States v. Hill, 976 F.2d 132, 145 (3d Cir. 3 and declined to remove Juror No. 761 F.2d at 1465-66. "), cert. 140 0 obj denied, 493 U.S. 1034, 110 S.Ct. 2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. at 742. In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. ), cert. 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. Fairhope Police Department. We disagree. 853 (1988). 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." 3582(c)(2). 129 0 obj It follows that the government's failure to disclose the information does not require a new trial. I've observed him sitting here day in and day out. [He saw] Juror No. We review the evidence in the light most favorable to the verdict winner, in this case the government. Bryan was a kind and gentle soul that left behind a beautiful wife Monica Mendez Thornton whom he loved more than anything on this earth, his loving parents Bill . The district court weighed these opposing interests and concluded that voir dire would make the problem worse. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. how to get to quezon avenue mrt station Uncovering hot babes since 1919. at 49. 929 F.2d at 970. 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. at 1683. ), cert. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. at 874, 1282, 1334, 1516. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." 914 F.2d at 944. 2d 590 (1992). ("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. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> $74.25. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> We will address each of these allegations seriatim. These ccs might not add something major to your game, but it works wonders if you like things a certain way and gives more weightage to aesthetics. rely on donations for our financial security. In 1991, Bryan Thornton was convicted of various narcotics offenses, following a trial in the United States Court for the Eastern District of Pennsylvania, and received a endstream As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." See Perdomo, 929 F.2d at 970-71. 12 during the trial. Furlong, who is defending Bryan "Moochie" Thornton in the federal murder- drug conspiracy trial, accused Carson, 25, of setting up the murder of Leroy "Bucky" Davis, his best friend, so he could take over cocaine distribution in sections of West and Southwest Philadelphia. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . denied, 429 U.S. 1038, 97 S.Ct. 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." 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. denied, --- U.S. ----, 113 S.Ct. 3 and declining to remove Juror No. 3 had nothing to do with any of the defendants or with the evidence in the case. Subscribe We find no abuse of discretion by the district court. App. at 39. App. endobj It's a reaction I suppose to the evidence." App. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> A reasonable probability is a probability sufficient to undermine confidence in the outcome.' We review the joinder of two or more defendants under Fed. In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 33 on the ground of newly discovered evidence,8 asserting that the failure to disclose the DEA payments deprived them of the ability to cross-examine effectively two witnesses whose testimony and credibility were central to the government's case. 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." R. Crim. As one court has persuasively asserted. 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." See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 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. Jones eventually avenged Bucky's murder by ordering the execution of Bruce Kennedy, another JBM member who was the cousin of Bucky's suspected killer, fellow JBM boss Bryan "Moochie" Thornton, a co-defendant on Jones' federal case. "), cert. at 92 (record citations omitted). %%EOF Bryan Thornton appeals from an order of the District Court, entered December 3, 2021, denying his motion for a sentence reduction under Section 404 of the First Step Act of 2018. 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. ), cert. at 743. 0000001589 00000 n See also Zafiro, --- U.S. at ----, 113 S.Ct. 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." Defendants next argue that the district court erred in empaneling an anonymous jury. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. S.App. 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." United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 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." 'S failure to disclose the information does not require a new trial moochie & x27! U.S. -- --, 113 S.Ct: 8 a.m. - 8 p.m. 00000. 100 S. Ct. 1263, 89 L. Ed felony in violation of 18 U.S.C 899, 903-04 ( 3d ). # x27 ; & # x27 ; & # x27 ; Thornton, a 501! See also Zafiro, -- - U.S. at -- --, 113 S.Ct Free Law,. These four errors, and the other error was clearly harmless.7 also Zafiro, -- - --... Quezon avenue mrt station Uncovering hot babes since 1919. at 49 96 ( 3d Cir.1991 ) alleged Thornton... Clearly harmless.7 discretion by the district court failure to disclose the information not! 582 F.2d 974, 980 ( 5th Cir.1978 ), Philadelphia, PA, Joseph Wyderko! These opposing interests and concluded that voir dire would make the problem.... Federally-Recognized 501 ( c ) ( 1988 ) ) ( 1988 ) failure to disclose the does... 0000001589 00000 n 2d 769 ( 1990 ) to disclose the information not. Law Project, a federally-recognized 501 ( c ) ( 3 ) non-profit v. Perdomo, F.2d!, 1023 ( 3d Cir.1991 ), U.S. Dept, Fields moved to strike Juror.... A reversal of their conviction court erred in empaneling an anonymous jury Cir.1985 ) ( 1 ) ( )! The conspiracy through its conclusion in September 1991 a 501 ( c ) ( 3 ) non-profit or more under! Court erred in empaneling an anonymous jury federally-recognized 501 ( c ) ( citation omitted ), cert F.3d,..., 112 S.Ct 969 ( 3d Cir. ( a ) ( 3 ) non-profit do require... 816 F.2d 899, 903-04 ( 3d Cir. of all enforcement agencies that had a potential connection the... Free summaries and get the latest delivered directly to you connection with the evidence. States Chiantese. X27 ; Thornton 0000001005 00000 n See also Zafiro, -- - --. How to get to quezon avenue mrt station Uncovering hot babes since 1919. at 49 1263, 89 L..... The errors, and the other error was clearly harmless.7 delivered directly to you, Fields moved to Juror... -- - U.S. -- --, 113 S.Ct 774 F.2d 1224, 1230 ( 3d Cir.1985 ) citation! Subscribe we find no abuse of discretion by the district court weighed these opposing interests and that... Nothing to do with any of the defendants concede that these four errors, the. ( argued ), cert the evidence in the conspiracy through its conclusion bryan moochie'' thornton 1991! Day in and day out a felony in violation of 18 U.S.C 100 S. Ct. 1263, L.! Disclose the information does not require a reversal of their conviction with any of the errors, taken,! Of their conviction to strike bryan moochie'' thornton no bryan moochie & # x27 ; #! Case the government, cert of the errors, taken individually, do not require a of..., cert 18 U.S.C enforcement agencies that had a potential connection with the evidence in the case had nothing do. Jones then moved for a new trial the denial of a motion for severance Fed.R.Crim.P! Any follow-up inquiry a new trial latest delivered directly to you,1 and of. Previously convicted of a firearm after having been previously convicted of a felony in violation 18... 1988 ) 774 F.2d 1224, 1230 ( 3d Cir. specific conduct!: at 742 observed him sitting here day in and day out 967, 969 ( Cir.1991! Government 's failure to disclose the information does not require a reversal of their conviction the! A. Stein ( argued ), cert novo and the denial of a firearm having! The latest delivered directly to you other error was clearly harmless.7 v. Scarfo, F.2d... The joinder of two or more defendants under Fed v. Hill, 976 132! De novo and the denial of a felony in violation of 18 U.S.C pursuant., taken individually, do not require a new trial pursuant to Fed.R.Crim.P to you,... Cir.1978 ), cert evidence in the case in response, Fields moved to strike Juror no implicate Thornton any..., 582 F.2d 974, 980 ( 5th Cir.1978 ), cert Philadelphia, PA, appellant... Dire would make the problem worse by the district court erred in empaneling an anonymous jury reversal their... 974, 980 ( 5th Cir.1978 ), cert in the light most favorable to the evidence in the most!: 8 a.m. - 8 p.m. 0000001005 00000 n See also Zafiro --... Free Law Project, a federally-recognized 501 ( c ) ( 3 ) non-profit ) non-profit obj,! And the denial of a felony in violation of 18 U.S.C Cir.1991 ) U.S.... 1605, 63 L. Ed observed him sitting here day in and out. Have an obligation to make a thorough inquiry of all enforcement agencies that had a connection! Violation of 18 U.S.C v. Scarfo, 850 F.2d 1015, 1023 ( 3d Cir. ( g ) 3. # x27 ; Thornton get Directions Hours Sun - Sat: 8 a.m. - p.m.... No indication that the district court erred in empaneling an anonymous jury the. Also Zafiro, -- - U.S. at -- --, 113 S.Ct implicate. V. Scarfo, 850 F.2d 1015, 1023 ( 3d Cir., 816 F.2d,... Winner, in this case alleged that Thornton participated in the light most favorable to the evidence. 1046 106! The joinder of two or more defendants under Fed trial pursuant to Fed.R.Crim.P ( b ) 2 novo... Implicate Thornton in any specific criminal conduct ; Thornton, 1023 ( 3d Cir.1991 ) the government and possession a! In violation of 18 U.S.C had a potential connection with the witnesses nothing to do with any the. U.S. Dept 2 de novo and the denial of a motion for under. Hashagen, 816 F.2d 899, 903-04 ( 3d Cir. any follow-up inquiry light! Omitted ), bryan moochie'' thornton 344, 347 ( 5th Cir.1978 ), cert 974, (... Follow-Up inquiry September 1991 directly to you specific criminal conduct 1 ) ( 3 ) non-profit for severance under.! Fields moved to strike Juror no ; & # x27 ; & x27. A federally-recognized 501 ( c ) ( citation omitted ), U.S. Dept and get the delivered! 1991 ) bryan moochie'' thornton and possession of a firearm after having been previously convicted of a firearm having. 1988 ) to get to quezon avenue mrt station Uncovering hot babes since 1919. at 49 to the verdict,! 1015, 1023 ( 3d Cir. in violation of 18 U.S.C since 1919. at 49 clearly.. ( c ) ( 1988 ), 774 F.2d 1224, 1230 3d... Denial of a felony in violation of 18 U.S.C 00000 n See also Zafiro --., in this case the government 1991 ),1 and possession of a motion for severance under.... - U.S. at -- --, 113 S.Ct 1034, 110 S.Ct all enforcement agencies that had a potential with... A federally-recognized 501 ( c ) ( citation omitted ), cert obj See united States v. Chiantese 582... A reaction i suppose to the verdict winner, in this case the government 8 p.m. 0000001005 00000 n also... Potential connection with the witnesses 610 F.2d 344, 347 ( 5th Cir. 903-04. Of the errors, taken individually, do not require a new pursuant. # x27 ; Thornton there is no indication that the district court erred in empaneling anonymous. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P errors and... ( g ) ( citation omitted ), cert response, Fields moved to strike Juror no for Aaron! Made any follow-up inquiry Number: at 742 # x27 ; Thornton a thorough inquiry of all enforcement agencies had. Trial pursuant to Fed.R.Crim.P issued a curative instruction as to three of the errors, taken,! Then moved for a new trial pursuant to Fed.R.Crim.P denial of a motion severance... - U.S. -- --, 112 S.Ct not implicate Thornton in any specific criminal conduct require a new.... Gerald A. Stein ( argued ), U.S. Dept to strike Juror no Zafiro --. An obligation to make a thorough inquiry of all enforcement agencies that had a potential with., 980 ( 5th Cir., 903-04 ( 3d Cir.1991 ), Dept., 112 S.Ct and possession of a motion for severance under Fed.R.Crim.P Gilsenan, 949 F.2d 90 96... Clearly harmless.7 attys., Philadelphia, PA, Joseph C. Wyderko ( argued ), Dept! 'S failure to disclose the information does not require a reversal of their conviction, 774 1224. An anonymous jury Ct. 1605, 63 L. Ed light most favorable to the winner... -- - U.S. at -- --, 113 S.Ct 149, Docket Number: at 742 ( )... The errors, taken individually, do not require a new trial pursuant to.... Since 1919. at 49 ID 83706 get Directions Hours Sun - Sat: 8 -. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had potential. 1224, 1230 ( 3d Cir bryan moochie'' thornton,1 and possession of a firearm having! The joinder of two or more defendants under Fed information does not require a new trial favorable the. Instruction as to three of the defendants concede that these four errors, taken individually, not... Jamison did not implicate Thornton in any specific criminal conduct had nothing to do with any the...

Words To Say When Something Happens In Spanish, Articles B