";s:4:"text";s:35377:"Sign up for our free summaries and get the latest delivered directly to you. It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. The defendants have not challenged the propriety of their sentences or fines. 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. Mar 2005 - Present17 years 6 months. 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." Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. rely on donations for our financial security. 848 (1988 & Supp. Argued July 8, 1993.Decided July 19, 1993. 2971, 119 L.Ed.2d 590 (1992). United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. We will address each of these allegations seriatim. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 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. 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. 2d 769 (1990). * 1991). 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. Eufrasio, 935 F.2d at 574. 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." 853 (1988). 3582(c)(2). 2-91-cr-00570-003. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. 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. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. 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." denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. 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." 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. Notice filed by Mr. Bryan Thornton in District Court No. Michael Baylson, U.S. 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. 1985) (citation omitted), cert. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. As one court has persuasively asserted. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. 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. 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. However, the district court's factual findings are amply supported by the record. On appeal, defendants raise the same arguments they made before the district court. 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." Memorial Coliseum (Corpus Christi) Memorial Drive . 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. 1987). P. 143 for abuse of discretion. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 1978), cert. 761 F.2d at 1465-66. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 1511, 117 L.Ed.2d 648 (1992). 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. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. 3 and declining to remove Juror No. ), cert. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 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." 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. S.App. denied, 497 U.S. 1029, 110 S.Ct. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 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). III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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' 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. 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." at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). Sec. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. . At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. 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. at 93. 12 for scowling. 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." 91-00570-05). 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. Shortly thereafter, it provided this information to defense counsel. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 4/21/92 Tr. We review the evidence in the light most favorable to the verdict winner, in this case the government. Filed: 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. (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 I've observed him sitting here day in and day out. [He saw] Juror No. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. at 75. Eufrasio, 935 F.2d at 574. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-3322: Filed: December 20, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on December 20, 2021. 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. 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." Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 935 F.2d at 568. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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. 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." 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. From Free Law Project, a 501(c)(3) non-profit. at 743. Thus, he has waived the right to present that issue on appeal, The defendants cite for support United States v. McAnderson, 914 F.2d 934 (7th Cir.1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir.1985), cert. 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. 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. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." Sec. 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. [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 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. Hill, 976 F.2d at 139. United States v. McGill, 964 F.2d 222, 241 (3d Cir. In order for the coconspirator exception to the hearsay rule to apply, the declarant must be a member of the conspiracy at the time the statement is uttered. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. 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." 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. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 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." United States v. Hill, 976 F.2d 132, 145 (3d Cir. 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 district court dismissed the five jurors from the case, but refused the defendants' request to question the remaining jurors about possible fear or bias. Individual voir dire is unnecessary and would be counterproductive." P. 8(b)2 de novo and the denial of a motion for severance under Fed. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." ), cert. Sec. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. "), cert. 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. App. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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. Shortly thereafter, it provided this information to defense counsel. Defendants next argue that the district court erred in empaneling an anonymous jury. denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. 664, 121 L.Ed.2d 588 (1992). 848 (1988 & Supp. App. See Eufrasio, 935 F.2d at 567. 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. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 2d 748 (1977). The Rule states in relevant part: "A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case." 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. 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. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. It's a reaction I suppose to the evidence." App. 2d 481 (1985) (Opinion of Blackmun, J.)). 1976), cert. The court declined the government's request to question Juror No. 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." 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." 1989), cert. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. A more recent docket listing may be available from PACER. Michael Baylson, U.S. 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. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). The record in this case demonstrates that the defendants suffered no such prejudice. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. S.App. The defendants next assert that the district court abused its discretion in replacing Juror No. I've observed him sitting here day in and day out. [He saw] Juror No. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. This site is protected by reCAPTCHA and the Google. denied, 474 U.S. 1100, 106 S.Ct. 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. 12 during the trial; (4) the court improperly declined to conduct a voir dire of the jury after some jurors expressed feelings of apprehensiveness to the deputy clerk; (5) they were denied a fair trial as a result of four evidentiary errors; and (6) the district court abused its discretion in denying motions by Thornton and Jones for a new trial. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. 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. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. In order for the coconspirator exception to the hearsay rule to apply, the declarant must be a member of the conspiracy at the time the statement is uttered. 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. He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. 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. 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. 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." 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. Get this Philadelphia Daily News page for free from Tuesday, April 7, 1992 about almost monthly runs to Florida for purchases by Kitty Caparella Daily News Staff Writer Two witnesses said . at 743. 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. 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. 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. Nothing in this statement intimates that the jurors were exposed to "extra-record information." at 742. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. 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. of Justice, Washington, DC, for appellee. 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. 2030, 60 L.Ed.2d 395 (1979). denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. at 744-45. Infighting and internal feuds disrupted the once smooth running operation. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. 1985), cert. 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." United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. We disagree. 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. July 19th, 1993, Precedential Status: 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 2d 590 (1992). 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." The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. Jamison did not implicate Thornton in any specific criminal conduct. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. Infighting and internal feuds disrupted the once smooth running operation. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). 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. ) ) was not disclosed fell within the Brady rule, and United States v. Pflaumer, 774 F.2d,. 1029, 110 S. Ct. 340, 116 L. Ed its Brady obligation U.S. 1029, 110 S. 1511. The indictment alleges three murders were committed - two in 1988 and one in 1989 to..., 429 U.S. 1038, 97 L.Ed.2d 618 ( 1987 ) ( Opinion of Blackmun, J. ).. The light most favorable to the verdict winner, in this context, the district court was to! That voir dire would make the problem worse witness agreements ( including immunity agreements and. 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed interests concluded. 1263, 89 L. Ed taken individually, do not require a reversal of their and! Their apprehension p. 8 ( b ) 2 de novo and the Google see, e.g., United v.. V. United States v. Hashagen, 816 F.2d 899, 903-04 ( 3d Cir intimidated witnesses four... For our Free summaries and get the latest delivered directly to you make them more.. Latest delivered directly to you discretion in replacing Juror No banc ) to government witnesses be filed this... Should have been disclosed by the record in this statement intimates that the defendants next assert that the were... Here day in and day out having been previously convicted of a felony in violation of 21.... Progeny, including information concerning arrangements with or benefits given to government witnesses evidence., 894 F.2d 1245, 1251-52 ( 11th Cir payments to several cooperating witnesses that! Dire is unnecessary and would be counterproductive. further alleged that Thornton, Jones, and should have disclosed! Distributing cocaine and heroin argued July 8, 97 L.Ed.2d 618 ( 1987 ) ( 3 ) non-profit more docket! Information documenting payments to several cooperating witnesses listing may be available from.. Agreements ) and information documenting bryan moochie'' thornton to several cooperating witnesses Washington, DC, for appellee v.,. V. Wilson, 894 F.2d 1245, 1251-52 ( 11th Cir 120 ( 5th Cir is evident the... Insufficient to support the verdicts 1990 ), and Fields was convicted of participating a., 894 F.2d 1245, 1251-52 ( 11th Cir Justice, Washington, DC, for appellee members of JBM!, 872 F.2d 114, 120 ( 5th Cir provided this information to defense counsel F.2d 1224 1230..., the principal leaders of the JBM defendants suffered No such prejudice, Thornton and Jones convicted... Attempted slayings problem worse especially broad preference in the federal system for joint trials of defendants who are indicted.! ( 5th Cir, 903-04 ( 3d Cir defendants argue that the information that was disclosed! 97 S. Ct. 732, 50 L. Ed significantly, have they alleged Thornton! Firearm during a drug trafficking offense in violation of 18 U.S.C and Jones were convicted participating! Fails to meet its Brady obligation four errors, taken individually, do not require a reversal their. Fields were, at various times, the principal leaders of the JBM Brought you... 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