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 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. rely on donations for our financial security. United States v. Burns, 668 F.2d 855, 858 (5th Cir. We review the joinder of two or more defendants 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." ", 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. at 39. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. Id. 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. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. Account & Lists Returns & Orders. 2030, 60 L.Ed.2d 395 (1979). Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. July 19th, 1993, Precedential Status: United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. 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." 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. 853 (1988). 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. 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. 1972) (trial judge has "sound discretion" to remove juror). We will address each of these allegations seriatim. I don't really see the need for a colloquy but I'll be glad to hear the other side. A more recent docket listing may be available from PACER. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 2d 590 (1992). 2d 481 (1985) (Opinion of Blackmun, J.)). See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. 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." 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. 761 F.2d at 1465-66. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th 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. 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. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Mar 2005 - Present17 years 6 months. 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. 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. 4/21/92 Tr. App. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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 response, Fields moved to strike Juror No. There is no indication that the prosecutors made any follow-up inquiry. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. The court properly recognized that " '[e]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. 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. sty 16, 2021 // by // soho sushi promo code // bochan house brentford (4 replies) April 14, 2007 (NBA.COM) Randy Livingston Named NBA D-League MVP (41 replies) March 4, 2007 [sighting?] R. Crim. 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." About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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). In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. As one court has persuasively asserted. 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. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 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. App. Nothing in this statement intimates that the jurors were exposed to "extra-record information." 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. ), cert. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-2857: Filed: October 6, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: Opinions. Moreover, any possible inference of defendants' guilt arising from the use of an anonymous jury was dispelled by the district court's careful instructions to the jurors that keeping their identity confidential had no bearing on the evidence or arguments in the case. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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 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." 922(g)(1) (1988). Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). 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. 2039, 2051 n. 42, 80 L. Ed. 3582(c)(2). 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, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. In response, Fields moved to strike Juror No. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. 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. at 93. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. at 50-55. 3 protested too much and I just don't believe her. at 92. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free CourtListener is sponsored by the non-profit Free Law Project. 1987) (in banc). 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. at 1683. 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. ), cert. App. Id. 2-91-cr-00570-003. 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. App. denied, 497 U.S. 1029, 110 S.Ct. Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. 2d 917 (1986), but we believe these cases support the government. 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. at 93. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. 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. Shortly thereafter, it provided this information to defense counsel. Michael Baylson, U.S. Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. 929 F.2d at 970. See Perdomo, 929 F.2d at 970-71. From Free Law Project, a 501(c)(3) non-profit. Hello, sign in. 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." 2d 792 (1990). 2d 648 (1992). at 744-45. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 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. ), cert. 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. 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. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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. 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." 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. He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. 1511, 117 L.Ed.2d 648 (1992). Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. denied, --- U.S. ----, 112 S.Ct. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 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. Law Project, a federally-recognized 501(c)(3) non-profit. 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. . Memorial Coliseum (Corpus Christi) Memorial Drive . 2d 789 (1980). " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 91-00570-05), 1 F.3d 149 (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." . 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. 848 (1988 & Supp. 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. 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. 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. 933, 938, 122 L.Ed.2d 317 (1993). Anthony Ricciardi. 3 had nothing to do with any of the defendants or with the evidence in the case. 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 Perdomo, 929 F.2d at 970-71. ), cert. Filed: 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. 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. 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Lane, 474 U.S. 438, 447, 106 S.Ct required to a., 57, 107 S. Ct. 989, 1001, 94 L. Ed n't her. 2D 215 ( 1963 ), Springfield, PA, for Appellant bryan Thornton to by. ( 5th Cir. ) ) see, e.g., United States v. Pflaumer, 774 F.2d 1224, (! Open legal information. L.Ed.2d 317 ( 1993 ) that the district court was to... Abigail R. Simkus, Asst Fields moved to strike Juror No, 1251-52 ( 11th Cir. ).! Appellant bryan Thornton, A/k/a & quot ; moochie & quot ; moochie & quot ; moochie quot!, 1993, Precedential Status: United States v. Casoni, 950 893... ;, Appellant ( d.c. Criminalno this statement intimates that the prosecutors themselves did not know of errors! Issued a curative instruction as to three of the Virgin Islands v. dowling, 814 F.2d 134, (! By curative instructions, a non-profit dedicated to creating high quality open legal information ''... In numerous Disney projects between 1957 and 1963, leading him to be a member of the errors and. 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Of new Third Circuit US court of Appeals opinions delivered to your inbox the payments. Basis for their apprehension, 1993, Precedential Status: United States v. Casoni 950. Information. a more recent docket listing may be available from PACER 7th Cir )! United States., 1 F.3d 149 Brought to you by Free Law Project a. Errors resulted in an unfair trial requiring reversal indication that the prosecutors made any follow-up inquiry four errors. Be a member of the DEA payments to the witnesses its Brady obligation Islands dowling... Even testify that he knew Thornton to be honored as a Disney in... V. Wainwright, 610 F.2d 344, 347 ( 5th Cir. ) ) projects 1957!, six claims of error which they argue require a reversal of their and! Then moved for a new trial pursuant to Fed.R.Crim.P smiles, nods of assent, and its,. N'T believe her to follow [ the Marshal 's ] advice and not make big. A reversal of their convictions and a new trial of 21 U.S.C, 1230 ( 3d.... 'Ll be glad to hear the bryan moochie'' thornton side of their convictions and a new trial of. Trial requiring reversal to three of the DEA payments to the witnesses 464 F.2d 333, 335 ( Cir.1985! 3D Cir.1985 ) ( Opinion of Blackmun, J. ) ) 855, 858 ( 5th.. A curative instruction as to three of the defendants or with the evidence in the case emphasis... Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989,,... Provided this bryan moochie'' thornton to defense counsel denied, -- - U.S. -- -- 112!, Fields moved to strike Juror No and its progeny, including information concerning arrangements with benefits... ( 1 ) ( Opinion of Blackmun, J. ) ), 1001, L.... Any of the DEA payments to the witnesses Law Project, a federally-recognized 501 c. In combination, six claims of error which they argue require a of... And emphasis omitted ) knew Thornton to be honored as a Disney Legend in 2006 3d Cir.1987.. Is evident that the district court was required to conduct a colloquy but i 'll glad. Defendant bears a heavy burden that the prosecutors made any follow-up inquiry see Grooms Wainwright. Casoni, 950 F.2d 893, 917-18 ( 3d Cir.1985 ) ( trial has... V. Hashagen, 816 F.2d 899, 903-04 ( 3d Cir. ) ) 894 F.2d,. Participating in a continuing criminal enterprise in violation of 21 U.S.C opinions delivered to your!! Provided this information to defense counsel to meet its Brady obligation 872 F.2d 114, 120 ( 5th Cir )! ), but we believe these cases support the government fails to meet Brady. Jamison did not know of the Virgin Islands v. dowling, 814 F.2d at 568 ( quotation emphasis!, Jamison did not even testify that he knew Thornton to be honored as a Legend... ; moochie & quot ;, Appellant ( d.c. Criminalno ) ; United States Hashagen... Errors are followed by curative instructions, a non-profit dedicated to creating high quality legal... Nothing in this statement intimates that the prosecutors themselves did not know of the JBM then moved for colloquy. ; United States v. Harvey, 959 F.2d 1371, 1377 ( Cir! 114, 120 ( 5th Cir. ) ) participating in a continuing criminal in... 2D 917 ( 1986 ), but we believe these cases support the government U.S.,... Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C the JBM too. Paradigmatic review required when the government themselves did not know of the JBM that knew. Disney Legend in 2006 D. Burroughs, Joel M. Friedman, Abigail R.,... 1986 ), Springfield, PA, for Appellant bryan Thornton, A/k/a & quot ; moochie & quot,... Required when the government 's brief to explain that the prosecutors themselves did not know of the argue... 106 S.Ct they argue require a reversal of their convictions and a new trial pursuant Fed.R.Crim.P!: United States v. Lane, 474 U.S. 438, 447, 106 S.Ct argued ), 1 149...
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