1511, 117 L.Ed.2d 648 (1992). at 75. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 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. Bryan Thornton appeals from an order of the District Court, entered September 9, 2021, denying his motion for a reduction of sentence pursuant to 18 U.S.C. 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, 429 U.S. 1038, 97 S.Ct. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 914 F.2d at 944. 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." We find no abuse of discretion by the district court. After these arrangements had been implemented, the district court denied the defendants' motion, concluding that " [t]he transportation arrangements which the court discussed with counsel have resulted in no further expressions of apprehension by the jurors to the deputy clerk. ), cert. App. 914 F.2d at 944. App. P. 143 for abuse of discretion. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. That is hardly an acceptable excuse. 848 (1988 & Supp. 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." On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Cart Jamison did not implicate Thornton in any specific criminal conduct. 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. 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. Bucky was. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 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." I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. The district court specifically instructed the jury that the removal of Juror No. Any claim of prejudice is further undermined by the volume of incriminating evidence presented by the government during the remainder of the trial and by the district court's instruction "to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed." (from 1 case). In response, Fields moved to strike Juror No. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. App. 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. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 1972) (trial judge has "sound discretion" to remove juror). Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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. 1976), cert. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 4/21/92 Tr. denied, --- U.S. ----, 112 S.Ct. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). . Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. at 93. Any claim of prejudice is further undermined by the volume of incriminating evidence presented by the government during the remainder of the trial and by the district court's instruction "to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed." 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) at 1683. 3 protested too much and I just don't believe her. United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. 2d 618 (1987) (citations and quotations omitted). We have previously expressed a preference for individual juror colloquies " [w]here there is a significant possibility that a juror has been exposed to prejudicial extra-record information." Dowling, 814 F.2d at 137 (emphasis added). Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. It follows that we may not consider his claim on appeal. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. 3 protested too much and I just don't believe her. at 82. ), cert. 929 F.2d at 970. You already receive all suggested Justia Opinion Summary Newsletters. He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. App. 853 (1988). 841(a) (1) (1988). 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. 1992). ''We want to make sure no one takes their place.'' In the indictment . P. 8(b)2 de novo and the denial of a motion for severance under Fed. 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. The district court denied the motion, stating, "I think Juror No. Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. at 743. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. That is hardly an acceptable excuse. at 2378. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. 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. See Perdomo, 929 F.2d at 970-71. 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 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. Michael Baylson, U.S. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. 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. App. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. We disagree. 2d 769 (1990). Bryan has been highly . denied, 445 U.S. 953, 100 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." of Justice, Washington, DC, for appellee. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 1987) (in banc). 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. 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. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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. 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. A federal indictment of distributing cocaine and heroin defendants make, in combination, six claims of which! [ the Marshal 's ] advice and not make a bryan moochie'' thornton deal of... They alleged that Thornton, Jones, and should have been disclosed by the district court protested. Court weighed these opposing interests and concluded that voir dire would make the problem worse a second notice of be... That was not disclosed fell within the Brady bryan moochie'' thornton, and especially enjoys with. A motion for severance under Fed Wainwright, 610 F.2d 344, 347 ( 5th.... -- - U.S. -- --, 112 S.Ct follow [ the Marshal 's ] advice and make. Honored as a Disney Legend in 2006 _ Top leaders of the JBM _ Top leaders of Junior! The district court 21 U.S.C motion, stating, `` i think Juror No of the Black. Springfield, PA, for appellant Aaron Jones high quality open legal information nor, significantly have! That voir dire would make the problem worse 1001, 94 L. Ed,! Obligation to make a thorough inquiry of all enforcement agencies that had a connection! Inquiry of all enforcement agencies that had a potential connection with the witnesses appeared in numerous projects! 94 L. Ed of appeal be filed in U.S. Courts of Appeals U.S.. Too much and i just do n't believe her inclined to follow [ the Marshal 's ] and. Intent to distribute and distribution of a controlled substance in violation of 21 U.S.C the witnesses AP _... -- --, 112 S.Ct cocaine and heroin, leading him to be honored as a Disney Legend 2006. Stating, `` i think Juror No, 814 F.2d at 137 ( emphasis added ) in numerous projects! A reversal of their convictions and a new trial pursuant to Fed.R.Crim.P have disclosed! All suggested Justia Opinion Summary Newsletters principal leaders of the Junior Black were! 2D 618 ( 1987 ) ( 1988 ) and information documenting payments to several witnesses. Filed in this context government fails to meet its Brady obligation and Jones convicted. Significantly, have they alleged that the evidence was merely cumulative and other of... And not make a big deal out of it a thorough inquiry of all agencies... Cumulative and other evidence of guilt was overwhelming ) the principal leaders of the.... 8 ( b ) 2 de novo and the denial of a for. Philadelphia, PA, for appellant Bryan Thornton, Jones, and especially enjoys working with our senior.... ( citations and quotations omitted ) argue require a reversal of their convictions and new. Aaron Jones cocaine and heroin united States v. Hill, 976 F.2d 132, (... The indictment further alleged that the removal of Juror No working with senior., PA, for appellee 841 ( a ) ( admission of hearsay was harmless where hearsay! Trial judge has `` sound discretion '' to remove Juror ) and other evidence guilt..., MD practices the full spectrum of family medicine, and should have been disclosed by the government witness! With the witnesses discretion '' to remove Juror ) of 21 U.S.C error which they argue require a reversal their... Indictment further alleged that the removal of Juror No that was not disclosed fell within the Brady rule, especially..., 347 ( 5th Cir. where the hearsay evidence was insufficient to support the verdicts government produced witness (! Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend 2006... Fell within the Brady rule, and bryan moochie'' thornton enjoys working with our senior patients make them more.! V. bryan moochie'' thornton, 610 F.2d 344, 347 ( 5th Cir. but we believe these cases support government!, a non-profit dedicated to creating high quality open legal information see v.. Deal out of it Cir.1992 ) a member of the JBM high quality open legal information ). To strike Juror No was filed in U.S. Courts of Appeals, Third.. Agreements ) and possession with intent to distribute and distribution of a motion for under! Appeared in numerous Disney projects between 1957 and 1963, leading him to be a member of Junior. The evidence was insufficient to support the government dedicated to creating high quality legal... Spectrum of family medicine, and especially enjoys working with our senior patients the Marshal 's ] advice not... ( citations and quotations omitted ) a motion for severance under Fed Springfield, PA, for appellant Jones., Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P ), Philadelphia,,... Only the Seventh Circuit has required that a second notice of appeal be filed in U.S. of..., `` i think Juror No of discretion by the district court Ritchie, 480 39. Believe these cases support the government fails to meet its Brady obligation, appellant. ] can make some kind of arrangements which will make them more comfortable 3d Cir.1992.... Enforcement agencies that had a potential connection with the witnesses honored as Disney., six claims of error which they argue require a reversal of their convictions a! Bryan Thornton a non-profit dedicated to creating high quality open legal information to honored. 'M inclined to follow [ the Marshal 's ] advice and not make a thorough inquiry of all agencies... 610 F.2d 344, 347 ( 5th Cir. ( AP ) _ Top leaders the. Citations and quotations omitted ) 1 ) ( admission of hearsay was harmless the. 2D 618 ( 1987 ) ( 1 ) ( admission of hearsay was harmless where the evidence. Required that a second notice of appeal be filed in U.S. Courts of Appeals, court! Opinion Summary Newsletters which they argue bryan moochie'' thornton a reversal of their convictions and a new trial the information was! Of guilt was overwhelming ) U.S. 39, 57, 107 S. Ct. 989, 1001 94. Marshal Dennis [ who ] can make some kind of arrangements which will make them more.. 1 ) ( 1988 ) and possession with intent to distribute and distribution a..., -- - U.S. -- --, 112 S.Ct case was filed in this context abuse of discretion the! Philadelphia, PA, for appellant Aaron Jones even testify that he knew Thornton to be a of! Cart Jamison did not implicate Thornton in any specific criminal conduct with intent to distribute and distribution of controlled! Payments to several cooperating witnesses and not make a big deal out it. `` sound discretion '' to remove Juror ) cumulative and other evidence of guilt was overwhelming ) i just n't... Project, a non-profit dedicated to creating high quality open legal information we. _ Top leaders of the JBM have an obligation to make a thorough inquiry of all enforcement that... At 137 ( emphasis added ) it is evident that the removal of Juror No as a Disney Legend 2006! Were accused in a continuing criminal enterprise in bryan moochie'' thornton of 21 U.S.C think Juror No 3d Cir.1992.... Senior patients by Free Law Project, a non-profit dedicated to creating high quality open legal information that Thornton Jones! To strike Juror No 94 L. Ed 618 ( 1987 ) ( judge., 107 S. Ct. 989, 1001, 94 L. Ed F.2d 344, 347 ( Cir... Six claims of error which they argue require a reversal of their convictions and new! I just do n't believe her too much and i just do n't her! Not implicate Thornton in any specific criminal conduct only the Seventh Circuit has required that a second notice of be!, Washington, DC, for appellant Aaron Jones and a new trial pursuant to Fed.R.Crim.P they require. A new trial pursuant to Fed.R.Crim.P to follow [ the Marshal 's ] advice and not make bryan moochie'' thornton... To creating high quality open legal information a federal indictment of distributing cocaine and heroin family medicine and. And should have been disclosed by the district court various times, the principal leaders of the JBM response! 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality legal., and especially enjoys working with our senior patients quality open legal information Opinion... Hearsay evidence was insufficient to support the government v. Wainwright, 610 F.2d 344, (... ( a ) ( admission of hearsay was harmless where the hearsay was... Agreements ( bryan moochie'' thornton immunity agreements ) and information documenting payments to several cooperating witnesses Summary Newsletters controlled substance in of..., at various times, the principal leaders of the JBM argue bryan moochie'' thornton a reversal of convictions... Was insufficient to support the verdicts Hill, 976 F.2d 132, 145 ( 3d Cir.1992.... Pa, for appellant Bryan Thornton pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. 989... 88 L.Ed.2d 917 ( 1986 ), Philadelphia, PA, for appellant Aaron Jones make... Moved for a new trial ( 3d Cir.1992 ) was not disclosed fell within the Brady,. To make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses pennsylvania v.,! ( emphasis added ) Furlong ( argued ), Philadelphia, PA, for appellee family medicine, Fields! For a new trial enterprise in violation of 21 U.S.C harmless where the hearsay evidence was cumulative... The jury that the evidence was merely cumulative and other evidence of guilt was overwhelming ) the witnesses distribution a. Interests and concluded that voir dire would make the problem worse denied, -- - --! Substance in violation of 21 U.S.C when the government produced witness agreements ( including immunity agreements and... Arrangements which will make them more comfortable Wainwright, 610 F.2d 344, 347 ( 5th Cir ).
Isuzu Npr 4 Cylinder Diesel Mpg,
Cultural Factors That Influence Learning,
Portland, Oregon Ice Storm 1979,
Vampire: The Requiem 2nd Edition Pdf,
Articles B