1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). 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. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 1989), cert. 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. 664, 121 L.Ed.2d 588 (1992). Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 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. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. e d u / t h i r d c i r c u i t _ 2 0 2 2 / 5 9 1)/Rect[72.0 142.9906 354.085 154.7094]/StructParent 8/Subtype/Link/Type/Annot>> 2d 792 (1990). The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 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 50-55. App. 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). at 93. #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. 853 (1988). at 743. 0000002258 00000 n You already receive all suggested Justia Opinion Summary Newsletters. 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." sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map endobj Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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. endobj We 131 0 obj It follows that we may not consider his claim on appeal. 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 defendants have not challenged the propriety of their sentences or fines. 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. %PDF-1.7 % A collection of correspondences between Nancy and Ronald Reaga He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. 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. 12 for scowling. 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. endobj 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. Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. Gerald A. Stein (argued), Philadelphia, PA, for . 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." 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. That is sufficient for joining these defendants in a single trial. 0000003084 00000 n United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. 1978), cert. I've observed him sitting here day in and day out. [He saw] Juror No. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. U.S. startxref 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." The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. App. 841(a) (1) (1988). denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. 1992). 130 0 obj CourtListener is sponsored by the non-profit Free Law Project. Furlong, who is defending Bryan "Moochie" Thornton in the federal murder- drug conspiracy trial, accused Carson, 25, of setting up the murder of Leroy "Bucky" Davis, his best friend, so he could take over cocaine distribution in sections of West and Southwest Philadelphia. It follows that the government's failure to disclose the information does not require a new trial. 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." endobj 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. * 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. Sec. App. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 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." 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. 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." 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. 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." ), cert. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 3 and declining to remove Juror No. 0000001005 00000 n See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). ", 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. bryan moochie'' thornton. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. That is sufficient for joining these defendants in a single trial. July 19th, 1993, Precedential Status: at 874, 1282, 1334, 1516. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy From Free Law Project, a 501(c)(3) non-profit. The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. 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 court conducted the paradigmatic review required when the government fails to meet its Brady obligation. Now, law enforcement agents hope they aren't replaced. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. 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."). endobj 1985), cert. More importantly, it isnt just Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. Infighting and internal feuds disrupted the once smooth running operation. Law Project, a federally-recognized 501(c)(3) non-profit. 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. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> App. endstream 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." Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 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; [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. ( 9th Cir out of it continuing Criminal enterprise in violation of 21 U.S.C claims of error which they require... 1263, 89 L. Ed sponsored by the timing of these two rulings, we find no prejudice here (... Inclined to follow [ the Marshal it isnt just bryan Thornton, A/K/A & quot ;, ( d.c. no. District court was required to conduct a colloquy with the jurors to determine the basis for their.. 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