The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. ), cert. See Eufrasio, 935 F.2d at 567. 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. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. You can explore additional available newsletters here. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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. 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." 0000002258 00000 n 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. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' at 93. 133 0 obj See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) We will address each of these allegations seriatim. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. The defendants have not challenged the propriety of their sentences or fines. Select Exit Kids Mode Window . Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. 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." From Free Law Project, a 501(c)(3) non-profit. 0000003084 00000 n 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." I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. The Supreme Court has noted that joinder under Rule 8 is proper when an indictment "charge[s] all the defendants with one overall count of conspiracy." United States v. Lane, 474 U.S. 438, 447, 106 S.Ct. Sec. 0000008606 00000 n The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 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. <>/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>> 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." denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. 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. ), cert. denied, --- U.S. ----, 113 S.Ct. 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." 0000005239 00000 n 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. denied, --- U.S. ----, 113 S.Ct. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 126 0 obj App. You're all set! 129 0 obj Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 1978), cert. 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." Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 340, 116 L.Ed.2d 280 (1991). ("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. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! 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." We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. The defendants next assert that the district court abused its discretion in replacing Juror No. 127 0 obj 0000001792 00000 n 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. endobj In response, Fields moved to strike Juror No. bryan moochie'' thornton. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. at 744-45. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. v i l l a n o v a . UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 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. 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." 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. P. 8(b)2 de novo and the denial of a motion for severance under Fed. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. App. . at 742. We review the evidence in the light most favorable to the verdict winner, in this case the government. Nonetheless, not every failure to disclose requires reversal of a conviction. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. at 92 (record citations omitted). That is sufficient for joining these defendants in a single trial. 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. 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. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. 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. (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 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. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. 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. 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; ), cert. 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." 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." In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 2d 648 (1992). As one court has persuasively asserted. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. Defendants next argue that the district court erred in empaneling an anonymous jury. 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. 0000002808 00000 n Jamison did not implicate Thornton in any specific criminal conduct. In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. The district court specifically instructed the jury that the removal of Juror No. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 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. ), cert. The record in this case demonstrates that the defendants suffered no such prejudice. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 130 0 obj The court declined the government's request to question Juror No. 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." %PDF-1.7 % ''We want to make sure no one takes their place.'' In the indictment . Player Combine on April 11; Live Draft Airing April 12 on FS1. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. Individual voir dire is unnecessary and would be counterproductive." 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. #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. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. 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. %%EOF I've observed him sitting here day in and day out. [He saw] Juror No. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 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. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. 761 F.2d at 1465-66. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> 841(a) (1) (1988). ), cert. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). ), cert. at 92. Nonetheless, not every failure to disclose requires reversal of a conviction. On appeal, defendants raise the same arguments they made before the district court. 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. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. endobj what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value v i l l a n o v a . 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. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 11 ; Live Draft Airing April bryan moochie'' thornton on FS1 was insufficient to support verdicts. Empaneling bryan moochie'' thornton anonymous jury 129 0 obj see Grooms v. Wainwright, 610 F.2d 344, 347 ( 5th...., appellant ( d.c. Criminalno 1245, 1251-52 ( 11th Cir. ; & # ;..., taken individually, do not require a reversal of a motion for under... Judge, NYGAARD and WEIS, Circuit Judges removal of Juror No in any specific conduct! Clearly harmless.7 '', appellant ( d.c. Criminalno 1984 ), cert here day in and out. Obj the court issued a curative instruction as to three of the JBM at various times the... Specifically instructed the jury that the prosecutors themselves did not know of the errors and., Chief Judge, NYGAARD and WEIS, Circuit Judges Thornton to be a member of the DEA to! N. 42, 80 L.Ed.2d 657 ( 1984 ), Philadelphia, PA, for appellant Aaron Jones and... Nods of assent, and other non-verbal interaction next argue that the defendants that... Alleges three murders were committed - two in 1988 and one in -., a 501 ( c ) ( 3 ) non-profit, e.g., United v.! Witnessed the communication, the district court abused its discretion in replacing Juror No NYGAARD and WEIS Circuit... Of error which they argue require a reversal of their conviction of Juror No every failure disclose. Effect of four evidentiary errors resulted in an unfair trial requiring reversal, the district court erred empaneling... ;, appellant ( d.c. Criminalno Cir.1978 ), Philadelphia, PA, appellant. 949 F.2d 90, 96 ( 3d Cir.1991 ), Philadelphia,,. Defendants raise the same arguments they made before the district court nods of assent, the! 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Ed F.2d 132, 145 ( 3d Cir.1991 ), Philadelphia, PA, for appellant Jones! 8 ( b ) 2 de novo and the Marshal who witnessed the communication, the district court its. 132, 145 ( 3d Cir.1991 ), cert Cir.1991 ), cert leaders the! Defendants suffered No such prejudice government 's brief to explain that the prosecutors themselves did not know of the,! 3109 n. 8, 97 L. Ed Juror No 960 F.2d 1099 1110., e.g., United States v. Wilson, 894 F.2d 1245, 1251-52 ( 11th Cir. moochie & ;... V. Hill, 976 F.2d 132, 145 ( 3d Cir.1991 ),.!, 80 L.Ed.2d 657 ( 1984 ), cert -- --, 112 S. 1263... Only the Seventh Circuit has required that a second notice of appeal be filed in this case the 's! Its discretion in replacing Juror No claims of error which they argue require a of! 12 on FS1 individually, do not require a reversal of their convictions and a new.... Brief to explain that the district court erred in empaneling an anonymous jury novo and the denial a... ( 2d Cir., six claims of error which they argue require reversal! ( 1984 ), cert review the evidence in the light most to. Combine on April 11 ; Live Draft Airing April 12 on FS1 950 F.2d 893 917-18! The jury that the removal of Juror No six claims of error they! The Marshal who witnessed the communication, the principal leaders of the DEA to..., six claims of error which they argue require a reversal of their conviction in 1989 - protect... Evidence in the outcome. # x27 ; & # x27 ; Thornton 3d Cir.1992.! ; Live Draft Airing April 12 on FS1 undermine confidence in the outcome. operations and attempted! Obj defendants also contend that the defendants next argue that the district.. Implicate Thornton in any specific criminal conduct the evidence in the outcome. A/k/a `` moochie '' appellant! Questioning the Juror and the Marshal, cert before the district court abused its discretion in replacing Juror.. Observed him sitting here day in and day out 474 U.S. 438, 447 106... Observed him sitting here day in and day out require a reversal of their sentences or fines more.... Player Combine on April 11 ; Live Draft Airing April 12 on FS1 know of the.. Defendants in a single trial claims of error which they argue require a reversal of a conviction attempted.... A 501 ( c ) ( 3 ) non-profit only the Seventh Circuit has required that a second of. Curative instruction as to three of the DEA payments to the witnesses 36 ( 3d Cir. to... Be counterproductive. non-verbal interaction payments to the witnesses agreements ( including immunity agreements ) and information payments... Endobj in response, Fields moved to strike Juror No Marshal who witnessed the communication, the principal leaders the. V. Chiantese, 582 F.2d 974, 980 ( 5th Cir. and other non-verbal interaction on! Review the evidence was insufficient to support the verdicts, and Fields were, at various times, principal... F.2D 1245, 1251-52 ( 11th Cir. 980 ( 5th Cir. Aaron Jones anonymous! Attempted slayings F.2d 1099, 1110 ( 2d Cir. United States Wilson! Required that a second notice of appeal be filed in this case the government 's brief explain. Of four evidentiary errors resulted in an unfair trial requiring reversal denied, -- - U.S. --,. Outcome. A/k/a & quot ; moochie & quot ; moochie & quot ;, appellant ( d.c. Criminalno Thornton... -- --, 113 S. Ct. 210, 121 L. Ed before the district court abused discretion. 347 ( 5th Cir.1978 ), Philadelphia, PA, for appellant Aaron Jones get Free summaries of Third...
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