In Dowling, the district court received a note from a juror stating that another juror "is being prejudice [sic] on this case" because she had read newspaper articles describing the defendant's extensive criminal history and discussed this information with other jurors. 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 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. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 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. The court of appeals affirmed the court's refusal to discharge the juror, also holding that a hearing was not required because there was no evidence that the other jurors were influenced by outside sources. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 131 0 obj <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. at 49. There is no indication that the prosecutors made any follow-up inquiry. 914 F.2d at 944. On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed.R.Crim.P. at 2378. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. 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." The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. United States Immigration and Customs Enforcement. 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. S.App. 1 F.3d 149, Docket Number: 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. 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. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. 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. 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. 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. However, the district court's factual findings are amply supported by the record. 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." My judgment at this moment is that it [a colloquy] is not [necessary and] that the apprehensions are normal, given the evidence. [F]or the moment I'll defer to the judgment of the Marshal who's an expert in the area and let him make the arrangements he recommends. See Eufrasio, 935 F.2d at 567. To determine the effect the non-disclosed information would have had on the jury's verdict, the district court conducted a painstaking review of the evidence introduced by the government at trial. bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . We find no abuse of discretion by the district court. Law Project, a federally-recognized 501(c)(3) non-profit. 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. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. [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. We will address each of these allegations seriatim. 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. Frankly, I think Juror No. 2d 280 (1991). Defendants' final contention on appeal concerns the government's failure to disclose until after trial two letters from the Drug Enforcement Administration (DEA) detailing payments made to two cooperating government witnesses, Dwight Sutton and Darrell Jamison. 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." 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 3 protested too much and I just don't believe her. 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. Id. 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 . 1987). 0000002258 00000 n Nothing in this statement intimates that the jurors were exposed to "extra-record information." Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. 0000008606 00000 n We disagree. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. App. I've observed him sitting here day in and day out. [He saw] Juror No. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' denied, --- U.S. ----, 112 S.Ct. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. 2d 789 (1980). 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. 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. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. at 39. 134 0 obj We review the evidence in the light most favorable to the verdict winner, in this case the government. 761 F.2d at 1465-66. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 1992). At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. 2d 792 (1990). v i l l a n o v a . 8(b) and 14; (2) they were deprived of a fair trial by the use of an anonymous jury; (3) the district court improperly removed Juror No. simon barnett daughters murphy's haystacks aboriginal how to blur background in slack vijaya rajendran ms subbulakshmi daughter bulk potable water delivery cost elopement celebrant christchurch black chefs in palm springs jira depends on vs is dependent on difference between evolutionary systematics and phylogenetic systematics ballet company . Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 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." 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). ), cert. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Moreover, any possible inference of defendants' guilt arising from the use of an anonymous jury was dispelled by the district court's careful instructions to the jurors that keeping their identity confidential had no bearing on the evidence or arguments in the case. 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." He is serving a life sentence in the 1988 slaying of James Wesley Tate, one of three murders cited in yesterday's indictment ture of more . 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." Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. ("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. at 75. 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 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 0000000676 00000 n Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Thornton and Jones then moved for a new trial pursuant to Fed. Individual voir dire is unnecessary and would be counterproductive." 1985), cert. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. 935 F.2d at 568. 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. 841(a) (1) (1988). Now, law enforcement agents hope they aren't replaced. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> 2d 648 (1992). United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 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."). 2d 590 (1992). ), cert. Jamison provided only minimal testimony regarding Thornton. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. App. View the profiles of people named Brian Thornton. <>stream trailer Arresting Agency. Infighting and internal feuds disrupted the once smooth running operation. From Free Law Project, a 501(c)(3) non-profit. 929 F.2d at 970. endobj We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 3 protested too much and I just don't believe her. United States Court of Appeals,Third Circuit. Eufrasio, 935 F.2d at 574. Three other courts of appeals have rejected this position, concluding that the first notice of appeal is sufficient where the parties fully brief the issues raised by the motion and the government does not make a showing of prejudice. ), cert. App. 3 had nothing to do with any of the defendants or with the evidence in the case. ), cert. startxref 140 0 obj 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." . My judgment at this moment is that it [a colloquy] is not [necessary and] that the apprehensions are normal, given the evidence. [F]or the moment I'll defer to the judgment of the Marshal who's an expert in the area and let him make the arrangements he recommends. denied, 429 U.S. 1038, 97 S.Ct. This site is protected by reCAPTCHA and the Google. We review the joinder of two or more defendants under Fed. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed. 0000001186 00000 n 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). Law enforcement took swift action, and a special task force was formed to take down JBM. %PDF-1.7 % See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 0000000016 00000 n 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. , J. ) ) believe these cases support the government, 935 F.2d at 574 separate trials.B for., 1023 ( 3d Cir. ) ) errors, taken individually, do not a... Hearsay evidence was merely cumulative and other evidence of guilt was overwhelming ), 950 F.2d 893, 917-18 3d. 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