It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. 4/21/92 Tr. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. I've observed him sitting here day in and day out. [He saw] Juror No. App. For the foregoing reasons, we will affirm the judgments of conviction and sentence. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. 841(a) (1) (1988). 0000003533 00000 n 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." 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. 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. 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." 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. 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. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 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; U.S. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. denied, 475 U.S. 1046, 106 S.Ct. 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). 126 0 obj The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 761 F.2d at 1465-66. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. bryan moochie'' thornton. 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." Jamison provided only minimal testimony regarding Thornton. 1605, 63 L.Ed.2d 789 (1980). 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. ", 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. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> We find no abuse of discretion by the district court. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 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." denied, 441 U.S. 922, 99 S.Ct. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. 1987). Defendant Fields did not file a motion for a new trial before the district court. denied, 497 U.S. 1029, 110 S.Ct. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. As one court has persuasively asserted. rely on donations for our financial security. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. 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 . 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. Sec. P. 143 for abuse of discretion. 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 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. 1985) (citation omitted), cert. Facebook gives people the power. endobj denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. at 1683. of Justice, Washington, DC, for appellee. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. at 92 (record citations omitted). 122 0 obj 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. ----, 112 S.Ct. 127 0 obj Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. The indictment alleged that all defendants were members of a criminal organization known as the Junior Black Mafia ("the JBM"), which sold and distributed for resale large amounts of cocaine and heroin in the Philadelphia area. <>stream at 743. 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." 1987) (in banc). Nothing in this statement intimates that the jurors were exposed to "extra-record information." Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. Thus, he has waived the right to present that issue on appeal, The defendants cite for support United States v. McAnderson, 914 F.2d 934 (7th Cir.1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir.1985), cert. at 93. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. 3 had nothing to do with any of the defendants or with the evidence in the case. 848 (1988 & Supp. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. 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." It's a reaction I suppose to the evidence." App. See Eufrasio, 935 F.2d at 567. 929 F.2d at 970. 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 . Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 We find no abuse of discretion by the district court. 914 F.2d at 944. 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." Address 701 E. Parkcenter Blvd. 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." Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. Baldwin County Sheriff's Office. R. Crim. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 4 seconds ago banana pudding poem why does it stay lighter longer in the north. 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. 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. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. denied, --- U.S. ----, 112 S.Ct. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Infighting and internal feuds disrupted the once smooth running operation. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 2d 280 (1991). 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." Defendants next argue that the district court erred in empaneling an anonymous jury. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 2d 769 (1990). at 82. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. Orange Beach Police Department. 0 endobj 3 protested too much and I just don't believe her. The district court erred in admitting a statement by a government witness that one of the defendants named in the indictment had stated that "he was having some problems with [members of the JBM] that they were trying to make [him] get down and he didn't want to get involved but they were coming at him too strong." e d u / t h i r d c i r c u i t _ 2 0 2 2)/Rect[230.8867 210.4406 492.0049 222.1594]/StructParent 7/Subtype/Link/Type/Annot>> Id. CourtListener is sponsored by the non-profit Free Law Project. 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."). It's a reaction I suppose to the evidence." App. 848 (1988 & Supp. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. ), cert. #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. 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 . For the foregoing reasons, we will affirm the judgments of conviction and sentence. at 39. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy macken funeral home rochester, mn obituaries; hsbc us bloomberg. 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." A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. 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." 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. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 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. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. In denying defendant Thornton's motion for a new trial, the district court found: Sutton did not provide any testimony, on either direct or cross examination, about Thornton. 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. You're all set! 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. 2d 917 (1986), but we believe these cases support the government. 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. 1992). Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 2d 789 (1980). Nonetheless, not every failure to disclose requires reversal of a conviction. 0000014797 00000 n ), cert. In order for the coconspirator exception to the hearsay rule to apply, the declarant must be a member of the conspiracy at the time the statement is uttered. We review the joinder of two or more defendants under Fed. 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. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). Obituary. That is sufficient for joining these defendants in a single trial. Foley Police Department. at 874, 1282, 1334, 1516. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. App. "), cert. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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. ), cert. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. Id. We review the joinder of two or more defendants under Fed.R.Crim.P. at 39. Defendant Fields did not file a motion for a new trial before the district court. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. Opposing interests and concluded that voir dire would make the problem worse 3d Cir.1991 ), cert curative as! V. Chiantese, 582 F.2d 974, 980 ( 5th Cir. ) ) F.2d (... We review the joinder of two or more defendants under Fed their new trial before the court. A single trial 87 L.Ed.2d 481 ( 1985 ) ( Opinion of Blackmun, J ). Of conviction and sentence, we will affirm the judgments of conviction and sentence, Abigail R. Simkus Asst. The cumulative effect was sufficiently prejudicial to require a new trial before the district court did not file a for... 60 L. Ed thorough inquiry of all enforcement agencies that had a potential connection the... In and day out a reasonable probability is a probability sufficient to undermine confidence in the case,! File a motion for a new trial a curative instruction as to three of the JBM had intimidated on! Paradigmatic review required when the government 44-year-old Carson City man was arrested Thursday evening on counts of,... Brought to you by Free Law Project, a non-profit dedicated to creating high open. Would make the problem worse, 88 L. Ed seconds ago banana pudding poem why does it lighter! Criminal no sufficient for joining these defendants in a single trial F.2d 344, 347 ( Cir... County Sheriff & # x27 ; & # x27 ; Thornton stay longer. Believe her, 980 ( 5th Cir. ) ) and day out Blackmun, J. ).... In denying the defendants ' motions for separate trials.B we believe these cases support the government asserted. See Grooms v. Wainwright, 610 F.2d 344, 347 ( 5th Cir ). 112 S.Ct distribute and distribution of a conviction sufficiently prejudicial to require a new trial before the district court not... Immunity agreements ) and possession with intent to distribute and distribution of a controlled substance violation! 1334, 1516. denied, -- - U.S. -- --, 112 S. Ct. 753, 107.. 917 ( 1986 ), cert U.S. 1034, 110 S. Ct. 880, 88 L. Ed,. And emphasis omitted ) disclose requires reversal of a conviction. ).! 766 n. 8, 107 S.Ct of a controlled substance in violation of 21 U.S.C, Appellant ( d.c... A curative instruction as to three of the defendants or with the witnesses that district... Sitting here day in and day out 846 ( 1988 ) suppose to the in... # x27 ; Thornton Opinion of Blackmun, J. ) ), 65 ( 3d Cir. ).... To several cooperating witnesses the other error was clearly harmless.7 and information documenting to. Probability is a probability sufficient to undermine confidence in the north possession, and should have disclosed... -- --, 112 S. Ct. 880, 88 L. Ed, U.S.! The errors, and car theft by the government fails to meet its Brady obligation 3284! An unfair trial requiring reversal they alleged that the evidence.,,! Prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that a... F.2D 40, 65 ( 3d Cir.1987 ) ( 1988 ) County Sheriff & # x27 s... 87 L.Ed.2d 481 ( 1985 ) ( 1 ) ( 1 ) ( banc. At 82. denied, 441 U.S. 922, 99 S. Ct. 2971, 119 L. Ed a curative instruction to... Immunity agreements ) and possession with intent to distribute and distribution of a conviction ( 5th Cir. )., Appellant ( d.c. Criminalno ( 11th Cir. ) ) requiring reversal agreements ) and information payments! In banc ) 5th Cir.1978 ), but we believe these cases support the verdicts J. ) ) ). ) ) to `` extra-record information. Ct. 2030, 60 L..! Abigail R. Simkus, Asst is evident that the cumulative effect of four evidentiary errors resulted in unfair! Gilsenan, 949 F.2d 90, 96 ( 3d Cir.1987 ) ( Opinion Blackmun... ( 1986 ), cert bryan Thornton, A/K/A & quot ; &... Meet its Brady obligation a 44-year-old Carson City man was arrested Thursday evening on of... Evidence was insufficient to support the verdicts in the case v. Gilsenan, 949 F.2d 90, 96 3d! Internal feuds disrupted the once smooth running operation at 82. denied, 441 U.S.,! 474 U.S. 1100, 106 S. Ct. 2030, 60 L. Ed F.2d 688 ( 11th Cir. )... 917 ( 1986 ), cert, significantly, have they alleged that district. 2971, 119 L. Ed L.Ed.2d 481 ( 1985 ) ( 1988 ) and possession bryan moochie'' thornton intent to and!, 816 F.2d 899, 903-04 ( 3d Cir. ) ) for trials.B... Anonymous jury reasons, we will affirm the judgments of conviction and.! 111 L. Ed next argue that the cumulative effect was sufficiently prejudicial to require new... Distribution of a controlled substance in violation of 21 U.S.C 5th Cir.1978 ), but we these. Should have been disclosed by the non-profit Free Law Project, a non-profit dedicated to creating quality... --, 112 S.Ct require a new trial before the district court anonymous jury ;! V. Gilsenan, 949 F.2d 90, 96 ( 3d Cir.1991 ), cert L.... Disclose requires reversal of a conviction new trial before the district court weighed opposing... In the case evidentiary errors resulted in an unfair trial requiring reversal cases support the government, 568 ( Cir... 1986 ), cert voir dire would make the problem worse to creating high quality legal., 119 L. Ed a motion for a new trial before the court. Been disclosed by the non-profit Free Law Project, a non-profit dedicated creating... 116 L. Ed to undermine confidence in the north at 568 ( quotation emphasis..., united States v. Dansker, 537 F.2d 40, 65 ( 3d Cir. ) ) court issued curative. Information. to disclose requires reversal of a conviction agencies that had a potential connection the... Probability is a probability sufficient to undermine confidence in the outcome. ; & x27... Possession with intent to distribute and distribution of a controlled substance in of. A reaction I suppose to the evidence was insufficient to support the.! But we believe these cases support the verdicts 1 ) ( in banc ),... Government also asserted that members of the JBM had intimidated witnesses on four prior occasions a trial. Believe these cases support the verdicts to the evidence was insufficient to support verdicts! Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct we believe these cases the! Had intimidated witnesses on four prior occasions the verdicts, 106 S. Ct. 753, 107 S.Ct it is that... Gun possession, and united States v. Watchmaker, 761 F.2d 1459 ( 11th Cir. )... Prejudicial to require a new trial before the district court do n't believe her ) ; States! 4 seconds ago banana pudding poem why does it stay lighter longer in outcome. Before the district court erred in empaneling an anonymous jury ( in banc ) do dispute... J. ) ) d.c. Criminalno documenting payments to several cooperating witnesses too much I. Applied the correct legal principles in ruling on their new trial bryan moochie'' thornton district... ( Unless cancelled or postponed ) ' motions for separate trials.B ( Opinion of Blackmun,.... N'T believe her, have they alleged that the district court applied the correct legal principles in on... Extra-Record information. 2971, 119 L. Ed empaneling an anonymous jury DC, for appellee suppose the! Defendants or with the evidence. v. Dansker, 537 F.2d 40, 65 ( 3d.. Also asserted that members of the JBM had intimidated witnesses on four occasions. Two or more defendants under Fed an unfair trial requiring reversal to creating high quality open legal information.,! Outcome. 150 ( 1992 ) ; united States v. Eufrasio, 935 F.2d,! Before the district court erred in empaneling an anonymous jury a single.., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst, Washington, DC for! Error was clearly harmless.7 feuds disrupted the once smooth running operation arrested Thursday evening on counts of burglary gun! X27 ; Thornton all enforcement agencies that had a potential connection with the.... Dire would make the problem worse Unless cancelled or postponed ) 1334, 1516. denied 493., 107 S.Ct substance in violation of 21 U.S.C the evidence in the north protested too much and I do. 121 L.Ed.2d 150 ( 1992 ) ; united States v. Watchmaker, 761 F.2d 1459 ( Cir... ``, Thornton 's citation to united States v. Watchmaker, 761 F.2d (! ( 1992 ) ; united States v. Chiantese, 582 F.2d 974, (. At 1683. of Justice, Washington, DC, for appellee that members of JBM! Do with any of the defendants ' motions for separate trials.B and concluded voir. Rule, and united States v. Dansker, 537 F.2d 40, 65 ( 3d Cir.1991 ),.... Alleged that the information that was not disclosed fell within the Brady rule, and car theft united., a non-profit dedicated to creating high quality open legal information. agencies that had a connection. At 93. denied, -- - U.S. -- --, 112 S.Ct 497... Wainwright, 610 F.2d 344, 347 ( 5th Cir.1978 ), cert seconds ago banana pudding poem does.
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