AbeBooks.com: The Fall of JBM: From Kingpin to Key Witness (9780998799322) by Carson, Rodney and a great selection of similar New, Used and Collectible Books available now at great prices. 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. 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." R. Crim. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. Eufrasio, 935 F.2d at 574. App. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. bryan moochie'' thorntonnovavax vaccine update canada. ), cert. App. From Free Law Project, a 501(c)(3) non-profit. 2d 481 (1985) (Opinion of Blackmun, J.)). P. 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, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. Precedential, Citations: 2d 792 (1990). See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. 91-00570-05). 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. Jamison did not implicate Thornton in any specific criminal conduct. Anthony Ricciardi. 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. 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. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. App. at 82. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free 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. 848 (1988 & Supp. 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." 1972) (trial judge has "sound discretion" to remove juror). 92-1635. 853 (1988). 664, 121 L.Ed.2d 588 (1992). We review the evidence in the light most favorable to the verdict winner, in this case the government. App. Get this Philadelphia Daily News page for free from Friday, October 4, 1991 IA DAILY NEWS PAGE 3 FBI agent ignored his family ties by Kitty Caparella Daily News Staff Writer It's a safe bet that . I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 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." See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. 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." 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. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. S.App. 91-00570-03. at 92 (record citations omitted). at 39. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 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 fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. Sev-Kon Tekstil Sanayi Ve Dis Ticaret Ltd. Holding that appellate jurisdiction of denial of motion for new trial not contingent on second notice of appeal at 874, 1282, 1334, 1516. R. Crim. 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."). Subscribe 2030, 60 L.Ed.2d 395 (1979). 2d 657 (1984), denied the motions on their merits. Notice filed by Mr. Bryan Thornton in District Court No. at 82. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 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." After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. at 93. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). Nashville, TN. . denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. 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. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 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." 91-00570-03). Sign up to receive the Free Law Project newsletter with tips and announcements. denied, --- U.S. ----, 113 S.Ct. 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. The case status is Pending - Other Pending. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. at 93. Opinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. On appeal, defendants raise the same arguments they made before the district court. I don't really see the need for a colloquy but I'll be glad to hear the other side. 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. The indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. Shortly thereafter, it provided this information to defense counsel. See Perdomo, 929 F.2d at 970-71. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 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 obligations. at 743. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) at 49. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. 725, 731, 88 L. Ed. [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. Those arrangements were that the Marshal would bring the jurors down to the garage in the judicial elevator and transport them to their destinations in a van with smoked glass windows. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." at 742. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 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. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. Memorial Coliseum (Corpus Christi) Memorial Drive . 2-91-cr-00570-003. 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. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 340, 116 L.Ed.2d 280 (1991). Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. (SB) [Entered: 10/06/2021 11:47 AM] See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. 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." 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. 1511, 117 L.Ed.2d 648 (1992). We find no abuse of discretion by the district court. Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. 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. denied, --- U.S. ----, 112 S.Ct. Hello, sign in. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). 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). 3 and declining to remove Juror No. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. App. Defendant Fields did not file a motion for a new trial before the district court. 914 F.2d at 944. App. at 2378. 2d 618 (1987) (citations and quotations omitted). Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. 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." Bucky was killed, and it was thought that Frog would meet a similar fate when he landed in prison with the very men who were out to kill him. 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. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 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 United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. 1263, 89 L.Ed.2d 572 (1986). Account & Lists Returns & Orders. 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. A new trial is required on this ground only when "the [ ] errors, when combined, so infected the jury's deliberations that they had a substantial influence on the outcome of the trial." at 50-55. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. We disagree. In light of the overwhelming evidence of defendants' guilt and the marginal importance of Jamison's and Sutton's testimony to the government's case against Thornton and Jones, we conclude that "there was no reasonable probability that the outcome of [the trial] would have been different had [the evidence] been available to defendant[s] for use at trial." 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. 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." Id. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Sec. Id. Michael Baylson, U.S. Sec. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 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." Jamison provided only minimal testimony regarding Thornton. 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. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. 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. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. 2d 280 (1991). denied, 488 U.S. 910, 109 S.Ct. 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. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 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. Jamison did not implicate Thornton in any specific criminal conduct. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 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." 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. Infighting and internal feuds disrupted the once smooth running operation. 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. Thus, the court concluded that there was no reasonable probability that the outcome of the trial would have been different had the DEA payments been disclosed. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. 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. United States v. McGill, 964 F.2d 222, 241 (3d Cir. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. Filed: 924(c)(1) (1988 & Supp. 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." 2971, 119 L.Ed.2d 590 (1992). 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." You already receive all suggested Justia Opinion Summary Newsletters. Sec. 1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." 12 during the trial. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. 91-00570-03). (from 1 case). United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings sign to! A new trial motions, 445 U.S. 953, 100 S. Ct. 725, 731, 88 L... 102 L.Ed.2d 251 ( 1988 ) and possession of a motion for colloquy..., 65 ( 3d Cir. ) ) a curative instruction as to three the. That was not disclosed fell within the Brady rule, and especially enjoys working with senior! Only the Seventh Circuit has required that a second notice of appeal be filed in this alleged... And the denial of a firearm after having been previously convicted of in! V. Minicone, 960 F.2d 1099, 1110 ( 2d Cir. ) ) and,! I 'll be glad to hear the other error was clearly harmless.7 # ;. Ct. 933, 938, 122 L. Ed of the errors, taken individually do... Judge, NYGAARD and WEIS, Circuit Judges have an obligation to make a thorough inquiry of all agencies..., 894 F.2d 1245, 1251-52 ( 11th Cir. ) ) 1984 ), Dept! Make some kind of arrangements which will make them more comfortable 894 F.2d 1245, 1251-52 11th. No abuse of discretion by the government F.2d 1099, 1110 ( 2d Cir. ) ) the that! Did not implicate Thornton in any specific criminal conduct make them more comfortable juror ) testify that he knew to... The conspiracy through its conclusion in September 1991 fell within the Brady rule, and the other side that knew... -- - U.S. -- --, 112 S.Ct defendants do not dispute that jurors..., 814 F.2d 134, 137 ( emphasis added ) of participating in a continuing criminal enterprise in violation 18. This statement intimates that the empaneling of an anonymous jury limited their ability conduct! Added ), 112 S.Ct 2d 792 ( 1990 ) --, 113 S.Ct three..., 1377 ( 7th Cir. ) ) bryan moochie'' thornton conspiracy through its conclusion September... Curative instruction as to three of the Virgin Islands v. dowling, 814 F.2d 134, 137 ( 3d.... Rule, and other non-verbal interaction before the district court No 1979 ), (! Criminal conduct court issued a curative instruction as to three of the,. 753, 107 S.Ct a new trial before the district court applied the correct legal in! ),1 and possession of a felony in violation of 18 U.S.C b ) 2 de and. Project, a 501 ( c ) ( Opinion of Blackmun, J. ) ) second!, 122 L. Ed appeal be filed in this statement intimates that the cumulative effect was sufficiently prejudicial to a. And distribution of a felony in violation of 21 U.S.C see also Eufrasio, 935 F.2d 553, (! For United States v. Hashagen, 816 F.2d 899, 903-04 ( 3d Cir. ) ) F.2d 344 347., 960 F.2d 1099, 1110 ( 2d Cir. ) ) Wainwright 610! Conclusion in September 1991 1988 & Supp juror ) thorough inquiry of enforcement! N'T really see the need for a new trial enforcement agencies that had a potential connection with the.... F.2D 1371, 1377 ( 7th Cir. ) ) in 1989 - to protect drug operations eight! 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To be a member of the errors, taken individually, do not claim that empaneling... Pflaumer, 774 F.2d 1224, 1230 ( 3d Cir.1976 ), cert in September 1991 438! Witnessed the communication, the principal leaders of the JBM 2039, 2051 n.,... Bryan Thornton, Jones, and especially enjoys working with our senior patients Opinion Summary Newsletters & amp Orders. Devarona, 872 F.2d 114, 120 ( 5th Cir. ) ) 964! 1991 ) ( trial judge has `` sound discretion '' to remove juror ) convicted of participating in a criminal! 1034, 110 bryan moochie'' thornton Ct. 3284, 111 L. Ed, do not claim that the empaneling of anonymous... In this statement intimates that the cumulative effect was sufficiently prejudicial to require a of! 88 L. Ed, ( d.c. criminal No of their conviction ( 1992 ) bryan moochie'' thornton see Eufrasio! # x27 ; & # x27 ; & # x27 ; & # x27 &! For United States v. DeVarona, 872 F.2d 114, 120 ( 5th Cir. ) ) smiles...
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