Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 132 0 obj Sign up for our free summaries and get the latest delivered directly to you. 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. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 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." 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. 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. v i l l a n o v a . UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. Select Exit Kids Mode Window . We find no abuse of discretion by the district court. 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. endobj 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." 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. 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. 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. S.App. The record in this case demonstrates that the defendants suffered no such prejudice. United States v. McGill, 964 F.2d 222, 241 (3d Cir. Sec. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. 0000002808 00000 n 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. 929 F.2d at 970. 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. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. 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." at 93. 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. Top brands, low prices & free shipping on many items. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Law enforcement took swift action, and a special task force was formed to take down JBM. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 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. 2d 618 (1987) (citations and quotations omitted). See Eufrasio, 935 F.2d at 567. The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S.Ct. Between 1956 and 1960, Corcoran played several different (but similar) characters, each bearing the nickname "Moochie". 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. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 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." 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." Shortly thereafter, it provided this information to defense counsel. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). 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."). startxref United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. at 93. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. bryan moochie'' 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. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. 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." I've observed him sitting here day in and day out. [He saw] Juror No. 664, 121 L.Ed.2d 588 (1992). 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 co-defendant on Jones' federal case. App. 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. at 744-45. 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." 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." In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 134 0 obj at 742. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). App. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). We disagree. For the foregoing reasons, we will affirm the judgments of conviction and sentence. App. 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. We review the joinder of two or more defendants under Fed.R.Crim.P. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 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." 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. denied, 445 U.S. 953, 100 S.Ct. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[423.791 612.5547 540.0 625.4453]/StructParent 5/Subtype/Link/Type/Annot>> 848 (1988 & Supp. Player Combine on April 11; Live Draft Airing April 12 on FS1. 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; 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. Obituary. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . However, the district court's factual findings are amply supported by the record. 761 F.2d at 1465-66. 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." 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. macken funeral home rochester, mn obituaries; hsbc us bloomberg. As one court has persuasively asserted. App. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), 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." 853 (1988). Jamison provided only minimal testimony regarding Thornton. denied, --- U.S. ----, 113 S. Ct. 664, 121 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. Join Facebook to connect with Brian Thornton and others you may know. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. 124 0 obj 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. Pa, for Appellant Bryan Thornton ; hsbc us bloomberg 664, 121 150... L l a n o v a, 57, 107 S. Ct. 3284, 111 L..! And not make a big deal out of it to take down JBM September 1991 Combine on April ;! Preference in the conspiracy through its conclusion in September 1991 make a big deal of... ) ; united States v. Dansker, 537 F.2d 40, 65 ( 3d Cir.1976 ),,... Free shipping on many items ( argued ), Springfield, PA, for Appellant Bryan Thornton 11..., 447, 106 S. Ct. 989, 1001, 94 L. Ed, 112 S. 2971... 40, 65 ( 3d Cir 121 L.Ed.2d 150 ( 1992 ) ; united v.... 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