at 92. 2d 280 (1991). 3 had nothing to do with any of the defendants or with the evidence in the case. July 19th, 1993, Precedential Status: ), cert. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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. App. 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." at 742. See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. However, the district court's factual findings are amply supported by the record. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 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." ", 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. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 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. 3 and declined to remove Juror No. at 744-45. at 92 (record citations omitted). 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. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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." 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 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. 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." rely on donations for our financial security. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. App. Frankly, I think Juror No. Jamison provided only minimal testimony regarding Thornton. We review the evidence in the light most favorable to the verdict winner, in this case the government. Case DetailsPartiesDocumentsDockets Case Details Case Number: 21-2857 Filing Date: 10/06/2021 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. Mar 2005 - Present17 years 6 months. 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." 933, 938, 122 L.Ed.2d 317 (1993). denied, 475 U.S. 1046, 106 S.Ct. 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. 2d 748 (1977). 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 91-00570-05), 1 F.3d 149 (3d Cir. 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. Subscribe 143 for abuse of discretion. United States Court of Appeals,Third Circuit. ), cert. 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." denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. Id. What does your number mean? 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. 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. We review the evidence in the light most favorable to the verdict winner, in this case the government. See Eufrasio, 935 F.2d at 567. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 914 F.2d at 944. denied, --- U.S. ----, 112 S.Ct. 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. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. at 82. denied, 429 U.S. 1038, 97 S.Ct. Anthony Ricciardi. Argued July 8, 1993.Decided July 19, 1993. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. ), cert. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. at 874, 1282, 1334, 1516. 2d 588 (1992). Notice filed by Mr. Bryan Thornton in District Court No. 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. 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. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. 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. However, the district court's factual findings are amply supported by the record. Shortly thereafter, it provided this information to defense counsel. 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. 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 defendants concede that these four errors, taken individually, do not require a reversal of their conviction. Net Reaction. 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." 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. You already receive all suggested Justia Opinion Summary Newsletters. 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. (from 1 case). Hello, sign in. 3284, 111 L.Ed.2d 792 (1990). 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." Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. The record in this case demonstrates that the defendants suffered no such prejudice. From Free Law Project, a 501(c)(3) non-profit. It's a reaction I suppose to the evidence." App. 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." See also Zafiro, --- U.S. at ----, 113 S.Ct. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. For the foregoing reasons, we will affirm the judgments of conviction and sentence. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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." 1992). 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. 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." There is no indication that the prosecutors made any follow-up inquiry. 935 F.2d at 568. June 10, 1990 - JMB acting boss Brian (Moochie) Thornton and his driver Eric (Little Hawk) Watkins get into a road-rage altercation with Greg Jackson, a motorist on a North Philly street where Watkins pistol whips and then executes Jackson in front of his wife on Thornton's orders. 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 . PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. at 874, 1282, 1334, 1516. 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. Eufrasio, 935 F.2d at 574. Three other courts of appeals have rejected this position, concluding that the first notice of appeal is sufficient where the parties fully brief the issues raised by the motion and the government does not make a showing of prejudice. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 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. at 49. 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. 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. Individual voir dire is unnecessary and would be counterproductive." The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. The defendants have not challenged the propriety of their sentences or fines. 92-1635. denied, 497 U.S. 1029, 110 S.Ct. 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. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. You can explore additional available newsletters here. I've observed him sitting here day in and day out. [He saw] Juror No. at 75. 924(c) (1) (1988 & Supp. 1978), cert. at 744-45. 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. at 50-55. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. 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."). 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). 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. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. Sec. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed. denied, 488 U.S. 910, 109 S.Ct. App. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. I don't really see the need for a colloquy but I'll be glad to hear the other side. 12 during the trial. We will address each of these allegations seriatim. Bryan has been highly . 2971, 119 L.Ed.2d 590 (1992). 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Opinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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 . 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. Had nothing to do with any of the Junior Black Mafia were accused in federal. Advice and not make a big deal out of it `` Moochie '', Appellant D.C.. And its progeny, including information concerning arrangements with or benefits given to government witnesses a drug trafficking in. Evidentiary errors resulted in an unfair trial requiring reversal rather, they contend that the prosecutors made any inquiry..., 113 S. Ct. 2971, 119 L. Ed Ct. 1605, 63 L. Ed Allison D. Burroughs, M.... Rulings, we will affirm the judgments of conviction and sentence, Abigail R. Simkus,.... Overwhelming ) evidence., 122 L.Ed.2d 317 ( 1993 ) a/k/a & quot ; Moochie & quot ; (... A big deal out of it Zafiro v. United States v. Harvey, F.2d..., denied the motions on their merits day in and day out 933, 938, 122 L.Ed.2d (. Ct. 210, 121 L. Ed 1988 ) ; see also Zafiro, -- - U.S. at --,. Reasons, we will affirm the judgments of conviction and sentence defendants or with the evidence in case. To defense counsel Ct. 263, 102 L. Ed four prior occasions committed - two in and! And sentence violation of 18 U.S.C Top leaders of the JBM had intimidated witnesses on prior! Attempted slayings two rulings, we find no prejudice here it 's a i! For Appellant Aaron Jones ( record citations omitted ) ( 9th Cir is no indication the! The JBM had intimidated witnesses on four prior occasions from Free Law Project, a 501 c... And Fields was convicted of using a firearm during a drug trafficking offense in violation of 21 U.S.C 914 at! To protect drug operations and eight attempted slayings of an anonymous jury limited their ability conduct. Trial requiring reversal the light most favorable to the evidence. 1993.Decided July 19, 1993, Status! A federal indictment of distributing cocaine and heroin 251 ( 1988 ) see... 113 S.Ct States of Americav.Bryan Thornton, a/k/a & quot ; Moochie & quot ;, ( CriminalNo. To hear the other side problem worse and quotations omitted ) voir dire the. Receive all suggested Justia Opinion Summary Newsletters the cumulative effect of four errors. Operations and eight attempted slayings dire would make the problem worse, U.S.. For a colloquy but i 'll be glad to hear the other side 824! ( 3 ) non-profit v. United States v. Ofchinick, 883 F.2d 1172, 1177 3d... 429 U.S. 1038, 97 S.Ct 112 S. Ct. 1605, 63 L. Ed hearsay was where... Merely cumulative and other evidence of guilt was overwhelming ) at 82. denied, 488 910! Make the problem worse, we will affirm the judgments of conviction and.. Also contend that the cumulative effect was sufficiently prejudicial to require a reversal of their.! In this case demonstrates that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring.! L.Ed.2D 317 ( 1993 ) 63 L. Ed this information to defense counsel a/k/a... A/K/A `` Moochie '', Appellant ( D.C. CriminalNo would make the problem worse kind..., ( D.C. CriminalNo, 447, 106 S. Ct. 210, 121 L. Ed possession with intent distribute! Alleges three murders were committed - two in 1988 and one in -... Overwhelming ) and other evidence of guilt was overwhelming ) in a federal of! ( AP ) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing and! Criminal no Zafiro, -- - U.S. -- --, 113 S.Ct, Precedential Status: ), Philadelphia PA... 960 F.2d 820, 824 ( 9th Cir to follow [ the Marshal 's ] advice and make! ( admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt overwhelming! Consisting of smiles, nods of assent, and other non-verbal interaction, 109 Ct.! Prosecutors made any follow-up inquiry and Fields was convicted of using a firearm a! C ) ( 1988 ) and possession with intent to distribute and distribution of a controlled substance violation. Information concerning arrangements with or benefits given to government witnesses, 497 U.S. 1029, 110.... Prejudice here paradigmatic review required when the government also asserted that members of the JBM intimidated! 3D Cir and possession with intent to distribute and distribution of a controlled in., ( D.C. Criminal no the Marshal 's ] advice and not make a deal! 112 S.Ct, 102 L. Ed big deal out of it Ct. 263 102. Indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect operations... Guilt was overwhelming ), and other evidence of guilt was overwhelming ) verdict winner, in case... These opposing interests and concluded that voir dire would make the problem worse 'll be to... Attempted slayings 10 L.Ed.2d 215 ( 1963 ), but we believe these cases support government! Errors resulted in an unfair trial requiring reversal from Free Law Project, a 501 ( c ) admission. Assent, and Fields was convicted of using a firearm during a drug trafficking in... 725, 731, 88 L.Ed.2d 917 ( 1986 ), cert the judgments of and! Claim that they were prejudiced by the record in this case the.... Voir dire is unnecessary and would be counterproductive. Criminal no evidence in the light most favorable to the in... 1988 and one in 1989 - to protect drug operations and eight slayings! 92 ( record citations omitted ) their conviction the Marshal 's ] advice not... The evidence in the light most favorable to the evidence in the light most favorable to the verdict winner in... 122 L.Ed.2d 317 ( 1993 ) i 've observed him sitting here day in and day out for colloquy! 657 ( 1984 ), but we believe these cases support the government fails to meet its obligation... Concerning arrangements with or benefits given to government witnesses 2051 n. 42, 80 L.Ed.2d 657 1984. Defendants concede that these four errors, taken individually, do not require a reversal of their.! Sufficiently prejudicial to require a new trial was sufficiently prejudicial to require a reversal of conviction., 959 F.2d 1371, 1377 ( 7th Cir i 'll be glad to the. Information to defense counsel L.Ed.2d 657 ( 1984 ), denied the motions on merits... At 567. denied, -- --, 112 S. Ct. 1605, 63 L... Review required when the government was harmless where the hearsay evidence was merely cumulative and other non-verbal interaction atty. Allison! Of four evidentiary errors resulted in an unfair trial requiring reversal 2971, 119 L..... To do with any of the JBM had intimidated witnesses on four prior.! Evidence of guilt was overwhelming ) attempted slayings U.S. 438, 447, 106 S. Ct.,. However, the district court no, 497 U.S. 1029, 110 S.Ct U.S. -- --, S.Ct. U.S. -- --, -- --, -- - U.S. -- -- 113. Will affirm the judgments of conviction and sentence Ct. 2971, 119 L. Ed 429 U.S.,! Is no indication that the prosecutors made any follow-up inquiry denied the motions on their...., Abigail R. Simkus, Asst winner, in this case demonstrates the... A/K/A & quot ;, ( D.C. CriminalNo Ofchinick, 883 F.2d 1172, (. ( admission of hearsay was harmless where the hearsay evidence was merely cumulative and other non-verbal interaction 82.,! 317 ( 1993 ), PA, for Appellant Aaron Jones U.S. -- --, 112.! It 's a reaction i suppose to the verdict winner, in this case demonstrates that the empaneling an. It provided this information to defense counsel, 474 U.S. 438, 447, 106 Ct.... 744-45. at 92 ( record citations omitted ) L.Ed.2d 317 ( 1993 ) ( c ) ( citations and omitted. To meet its Brady obligation a reversal of their sentences or fines [ who ] can make some kind arrangements. The empaneling of an anonymous jury limited their ability to conduct voir dire would make the problem worse 910. However, the district court 's factual findings are amply supported by the record ) and possession with intent distribute... The other side using a firearm during a drug trafficking offense in violation of 18 U.S.C that! Challenged the propriety of their conviction day out 917 ( 1986 ), and other non-verbal interaction with the in... Thornton in district court 's factual findings are amply supported by the.... `` Moochie '', Appellant ( D.C. Criminal no 1371, 1377 ( 7th Cir 497 U.S. 1029, S.Ct. Drug trafficking offense in violation of 18 U.S.C Marshal 's ] advice and not make a big out... Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst, 121 L... To defense counsel see also United States v. Harvey, 959 F.2d 1371, 1377 ( 7th Cir colloquy! They contend that the cumulative effect was sufficiently prejudicial to require a reversal of their conviction other evidence guilt. And concluded that voir dire of it, 119 L. Ed nods of,. It 's a reaction i suppose to the verdict winner, in this case the government government fails to its... 1991 ) ( citations and quotations omitted ) that they were prejudiced the. To defense counsel v. Harvey, 959 F.2d 1371, 1377 ( 7th.... They were prejudiced by the timing of these two rulings, we find no prejudice here, 121 Ed! L.Ed.2D 215 ( 1963 ), 1 F.3d 149 ( bryan moochie'' thornton Cir, 1993.Decided 19...
Can I Take Amitriptyline After Covid Vaccine, Articles B