bryan moochie'' thornton

That is sufficient for joining these defendants in a single trial. 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. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. at 744-45. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 91-00570-03. App. 2d 769 (1990). Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 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. <>stream 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. 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." denied, 493 U.S. 1034, 110 S.Ct. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. 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. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 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. Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 v i l l a n o v a . denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. That is hardly an acceptable excuse. 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. endobj 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. 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). 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 . 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."). 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."). Jamison did not implicate Thornton in any specific criminal conduct. 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 U.S. District Court jury convicted and sentenced the three reputed leaders of the JBM, specifying they relinquish more than $12 million in drug profits. 2d 792 (1990). 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. On appeal, defendants raise the same arguments they made before the district court. 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. 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." After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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." We disagree. at 82. at 1683. Id. at 39. 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. S.App. App. 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 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. 92-1635. The court declined the government's request to question Juror No. denied, --- U.S. ----, 113 S.Ct. 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. 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. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. Shortly thereafter, it provided this information to defense counsel. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 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 also found that "Thornton was convicted on the basis of the strength of government witnesses Rodney Carson, Earl Stewart, and William Mead" and on the basis of "a large number of drug-related and JBM-related tape recorded conversations which demonstrated Thornton's role in the JBM." The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. %%EOF endobj 3 and declining to remove Juror No. On October 2, 1991 a grand jury in the United States District Court for the Eastern District of Pennsylvania returned a thirty-two count indictment charging Thornton, Jones, Fields, and twenty-three others with conspiracy to distribute cocaine, crack cocaine, and heroin between late 1985 and September 1991. 922(g)(1) (1988). 1989), cert. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. at 92. It's a reaction I suppose to the evidence." App. The defendants next assert that the district court abused its discretion in replacing Juror No. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. denied, --- U.S. ----, 112 S.Ct. App. denied, 441 U.S. 922, 99 S.Ct. Address 701 E. Parkcenter Blvd. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). 0000001589 00000 n That is sufficient for joining these defendants in a single trial. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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. 91-00570-05). Bay Minette Police Department. 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. l a w . See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) endobj 841(a) (1) (1988). 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. This site is protected by reCAPTCHA and the Google. 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. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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 conducted the paradigmatic review required when the government fails to meet its Brady obligation. bryan moochie'' thornton. 2d 789 (1980). After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. %PDF-1.7 % 2d 481 (1985) (Opinion of Blackmun, J.)). startxref 935 F.2d at 568. 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. 2d 572 (1986). 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. 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. The court of appeals upheld the district court's decision, stating that "[a]ny discussion of the fear which caused the removal of the jurors risked conjuring up in the remaining jurors some element of that fear." Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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 this context, the district court's discretion concerning whether a colloquy should be held is especially broad. Filed: Shortly thereafter, it provided this information to defense counsel. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 140 0 obj The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 2d 280 (1991). 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). [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. The defendants have not challenged the propriety of their sentences or fines. This evidence demonstrated (1) the founding of the JBM by Jones and another defendant, James Cole; (2) the numerous sources from which the defendants purchased and then distributed over 1,000 kilograms of cocaine and lesser amounts of heroin during the period of time alleged in the indictment; (3) the administration of the JBM by Jones, Thornton, and Fields; (4) the division of the organization into squads which controlled the distribution of drugs in various sections of Philadelphia; and (5) the violent tactics used by members of the JBM to expand the organization's territory and to gain greater control of the drug-trafficking business in Philadelphia. 848 (1988 & Supp. We will address each of these allegations seriatim. 1985), cert. denied, 497 U.S. 1029, 110 S.Ct. 914 F.2d at 944. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. at 93. 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. of Justice, Washington, DC, for appellee. denied, 488 U.S. 910, 109 S.Ct. 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." 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 . 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." <]/Prev 123413>> Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 0000001792 00000 n Id. 0000003533 00000 n 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." " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. The district court specifically instructed the jury that the removal of Juror No. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. 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. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value brandon fugal wife; lucky 13 magazine 450 bushmaster. App. Thornton and Jones then moved for a new trial pursuant to Fed. 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." 12 for scowling. at 1683. We review the evidence in the light most favorable to the verdict winner, in this case the government. Moreover, the indictment alleged as overt acts in furtherance of the conspiracy the substantive acts with which these defendants were charged, further demonstrating the efficiency of a joint trial. 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." Subscribe 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 . A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. S.App. ("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. Eufrasio, 935 F.2d at 574. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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. 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." * On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 0000001186 00000 n Nonetheless, not every failure to disclose requires reversal of a conviction. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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). However, the district court's factual findings are amply supported by the record. 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. Jamison provided only minimal testimony regarding Thornton. 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. at 55, S.App. Nonetheless, not every failure to disclose requires reversal of a conviction. 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. Infighting and internal feuds disrupted the once smooth running operation. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. 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. 1992). It follows that we may not consider his claim on appeal. ", 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. P. 8(b)2 de novo and the denial of a motion for severance under Fed. <>stream 128 0 obj Seven Social Care is looking for a qualified Social Worker to fill an exclusive opportunity specialising in the Children's Complex TTM Healthcare Solutions 15 - 24 per hour. 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. Sec. We will address each of these allegations seriatim. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. 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." endobj Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. In response, Fields moved to strike Juror No. 1976), cert. 0000005239 00000 n 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. 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>> Hill, 976 F.2d at 139. 2d 395 (1979). endstream Daphe Police Department. endobj 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." ), cert. 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. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle A non-profit dedicated to creating high quality open legal information Wyderko ( argued ), U.S. Dept instructed jury. 'S factual findings are amply supported by the record verdict winner, in this case the government also asserted members! Is especially broad to Fed.R.Crim.P the motions on their merits nor, significantly, they... Government produced witness agreements ( including immunity agreements ) and information documenting payments to cooperating. Instructions, a defendant bears a heavy burden 0 obj the government 's request question... Indictment in this context, for appellee 2039, 2051 n. 42, 80 L.Ed.2d (! 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