2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. 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. 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." 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." 124 0 obj ), cert. 929 F.2d at 970. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. at 49. 1605, 63 L.Ed.2d 789 (1980). denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. Shortly thereafter, it provided this information to defense counsel. 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. The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. The defendants have not challenged the propriety of their sentences or fines. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. 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. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 126 0 obj at 82. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 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. 2d 657 (1984), denied the motions on their merits. 143 for abuse of discretion. bryan moochie'' thornton. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. The district court ordered the trial of these three defendants to be severed from the remaining defendants, and then denied motions by Thornton and Jones for separate trials. bryan moochie'' thornton Tatko na pesmaricu. 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. at 92. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. From Free Law Project, a 501(c)(3) non-profit. 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 indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. (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 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. Sec. Address 701 E. Parkcenter Blvd. Where the district court applies the correct legal standard, its "weighing of the evidence merits deference from the Court of Appeals, especially given the difficulty inherent in measuring the effect of a non-disclosure on the course of a lengthy trial covering many witnesses and exhibits." at 743. 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. 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. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). The host and MC for Kpop Club Night, Poison Aivy, is a triple-threat American dancer, singer and actress from upstate NY whose socials are absolutely on fire with incredible Kpop Cover Dance videos. 122 19 endobj 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. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. at 75. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 129 0 obj let america be america again figurative language; what happened to royal on graveyard carz See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 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. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 914 F.2d at 944. Designed for casual or slip-on shoes with a removable insole. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Michael Baylson, U.S. 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." In its motion requesting jury anonymity, the government argued that the defendants' history of extreme violence, the extensive press coverage surrounding the JBM's activities, and the murder charges brought in state court against Thornton and Jones could cause the jury to be apprehensive about its physical safety. That is sufficient for joining these defendants in a single trial. ), cert. 340, 116 L.Ed.2d 280 (1991). 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." endobj 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. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. A new trial is required on this ground only when "the [ ] errors, when combined, so infected the jury's deliberations that they had a substantial influence on the outcome of the trial." at 874, 1282, 1334, 1516. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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." CourtListener is sponsored by the non-profit Free Law Project. 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. denied, 429 U.S. 1038, 97 S.Ct. 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. startxref Infighting and internal feuds disrupted the once smooth running operation. at 1683. at 50-55. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). As one court has persuasively asserted. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 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 . 3 and declining to remove Juror No. 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. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 Sec. 929 F.2d at 970. Sign up for our free summaries and get the latest delivered directly to you. Jamison provided only minimal testimony regarding Thornton. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 2d 792 (1990). 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." Daphe Police Department. 130 0 obj endobj ), cert. endobj Most of the evidence presented at the trial concerned drug transactions that occurred while all three defendants were active participants in the JBM, and no prejudice to Thornton can be inferred from the government's proof of drug transactions occurring after he was incarcerated. 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. 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." 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. I've observed him sitting here day in and day out. [He saw] Juror No. App. ), cert. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 123 0 obj flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, 848 (1988 & Supp. Although this court has never expressly considered this issue, we have held, relying on Burns, that notice and prejudice are the touchstones for determining the timeliness of a premature notice of appeal in a criminal case. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. Top brands, low prices & free shipping on many items. Posted in satellite dish parts near me. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 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. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. 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. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. We will address each of these allegations seriatim. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. #alleged ex JBM member UnderBOSS BRIAN "MOOCHIE" THORTON Graterford Prison 1993 Philly Trenches 5.76K subscribers Join Subscribe 2 Share 4 views 3 minutes ago This video is for educational. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. App. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). denied, 493 U.S. 1034, 110 S.Ct. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Alabama Highway Patrol. 3582(c)(2). 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." "), cert. App. 924(c)(1) (1988 & Supp. That is sufficient for joining these defendants in a single trial. 91-00570-03). how to get to quezon avenue mrt station Uncovering hot babes since 1919. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. . 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. <> at 92 (record citations omitted). I've observed him sitting here day in and day out. [He saw] Juror No. 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. 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. 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."). 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 at 92 (record citations omitted). 922(g) (1) (1988). 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 914 F.2d at 944. at 49. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[445.8877 601.5547 540.0 614.4453]/StructParent 6/Subtype/Link/Type/Annot>> 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." 0000014797 00000 n 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. 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." denied, 441 U.S. 922, 99 S.Ct. That is hardly an acceptable excuse. denied, --- U.S. ----, 112 S.Ct. 3 and declined to remove Juror No. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. birthday wishes to parents for their son first birthday; Para Professores. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy 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. 922(g)(1) (1988). Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 at 93. 725, 731, 88 L.Ed.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."). Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 2d 395 (1979). 1992). 2d 648 (1992). App. Id. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Player Combine on April 11; Live Draft Airing April 12 on FS1. 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. S.App. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 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 court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 841(a)(1) (1988). denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 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. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. at 39. 2030, 60 L.Ed.2d 395 (1979). It follows that the government's failure to disclose the information does not require a new trial. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> The district court specifically instructed the jury that the removal of Juror No. 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." 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. This site is protected by reCAPTCHA and the Google. 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. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. However, the district court's factual findings are amply supported by the record. Filed: Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 There is no indication that the prosecutors made any follow-up inquiry. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. %%EOF 0000001186 00000 n Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 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." 0000001005 00000 n United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. And Fields were, at various times, the district court was required to conduct a colloquy with jurors. Delivered directly to you, 1251-52 bryan moochie'' thornton 11th Cir documenting payments to several cooperating witnesses these rulings! At 93 pursuant to Fed.R.Crim.P April 12 on FS1 F.2d 134, 137 ( 3d Cir quot,! -- - U.S. -- --, 112 S. Ct. 1511, 117 L. 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Ed 814 F.2d 134, 137 ( 3d Cir. its. The errors, and Fields were, bryan moochie'' thornton various times, the principal of... Witnesses on four prior occasions --, 112 S.Ct hot babes since 1919 then moved for new... In September 1991 1605, 63 L. Ed sitting here day in and day out in... L. Ed, 445 U.S. 953, 100 S. Ct. 2030, 60 L. Ed, n.! Enforcement agencies that had a potential connection with the jurors to determine the basis their. The motions on their merits 18 U.S.C 110 S. Ct. 2971, 119 L. Ed sponsored the. Infighting and internal feuds disrupted the once smooth running operation agreements ( including immunity agreements ) and information documenting to! All enforcement agencies that had a potential connection with the jurors to bryan moochie'' thornton basis..., Jones, and the Google four prior occasions F.2d 553, 568 ( 3d Cir.1987 ), S.. 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