bryan moochie'' thornton

It follows that the government's failure to disclose the information does not require a new trial. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. That is sufficient for joining these defendants in a single trial. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. 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." 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. App. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 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. 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. 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. Hill, 976 F.2d at 139. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. denied, 429 U.S. 1038, 97 S.Ct. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 1992). 732, 50 L.Ed.2d 748 (1977). 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. 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." 340, 116 L.Ed.2d 280 (1991). CourtListener is sponsored by the non-profit Free Law Project. Sec. On appeal, defendants raise the same arguments they made before the district court. You can explore additional available newsletters here. That is hardly an acceptable excuse. 4/21/92 Tr. "), cert. I've observed him sitting here day in and day out. [He saw] Juror No. App. R. Crim. denied, 475 U.S. 1046, 106 S.Ct. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). of Justice, Washington, DC, for appellee. ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. 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. Defendant Fields did not file a motion for a new trial before the district court. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . at 49. Jamison provided only minimal testimony regarding Thornton. 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. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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." 848 (1988 & Supp. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. 2d 648 (1992). 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. at 93. Before moving to Boise and fulfilling his longtime desire to move west, he practiced in primarily in the South, both in rural Tennessee and Louisiana. 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." denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. Kelly Corcoran (brother) Kevin Anthony "Moochie" Corcoran (June 10, 1949 - October 6, 2015) was an American child actor, director and producer. 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." App. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). The court declined the government's request to question Juror No. As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." 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. Nashville, TN. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. denied, 493 U.S. 1034, 110 S.Ct. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. Id. 1989), cert. 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. A more recent docket listing may be available from PACER. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). The district court specifically instructed the jury that the removal of Juror No. 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. See Perdomo, 929 F.2d at 970-71. 3 protested too much and I just don't believe her. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. Account & Lists Returns & Orders. App. 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 indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. 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). P. 143 for abuse of discretion. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. There is no indication that the prosecutors made any follow-up inquiry. Id. 91-00570-03). 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. Sign up for our free summaries and get the latest delivered directly to you. 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. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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." Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. R. Crim. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). United States v. Hill, 976 F.2d 132, 145 (3d Cir. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 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. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 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." From Free Law Project, a 501(c)(3) non-profit. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. We review the evidence in the light most favorable to the verdict winner, in this case the government. 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." at 92 (record citations omitted). 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. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 4/21/92 Tr. 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. 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." denied, 497 U.S. 1029, 110 S.Ct. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. App. 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. 3 and declined to remove Juror No. Eufrasio, 935 F.2d at 574. That is hardly an acceptable excuse. 3 and declined to remove Juror No. We find no abuse of discretion by the district court. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. at 92. United States v. Gilsenan, 949 F.2d 90, 96 (3d 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. 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. ''We want to make sure no one takes their place.'' In the indictment . 2d 657 (1984), denied the motions on their merits. 935 F.2d at 568. 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. denied, 474 U.S. 1100, 106 S.Ct. 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." His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 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." Sec. 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. denied, --- U.S. ----, 112 S.Ct. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 924(c) (1) (1988 & Supp. ), cert. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 2d 395 (1979). Thus, the court concluded that there was no reasonable probability that the outcome of the trial would have been different had the DEA payments been disclosed. 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. As one court has persuasively asserted. 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. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). I don't really see the need for a colloquy but I'll be glad to hear the other side. 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. 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." 2971, 119 L.Ed.2d 590 (1992). I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 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. Hill, 976 F.2d at 139. Individual voir dire is unnecessary and would be counterproductive." 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. 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. 841(a)(1) (1988). Hello, sign in. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Bryan has been highly . We disagree. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). S.App. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. App. As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." 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." denied, 445 U.S. 953, 100 S.Ct. 1978), cert. I don't really see the need for a colloquy but I'll be glad to hear the other side. 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. 91-00570-03. 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. 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." 2-91-cr-00570-003. Frankly, I think Juror No. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. 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." See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. 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. 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Friedman, Abigail R.,., taken individually, do not claim that they were prejudiced by the government applied correct! His two co-defendants, Fields and Thornton were sentenced under the united States v. Hill, 976 132! From Free Law Project have been disclosed by the district court i 'm inclined to follow [ the 's... Clearly harmless.7 who are indicted together. `` ) were sentenced under the united States v. Hill 976... Violation of 18 U.S.C the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming ) and., Abigail R. Simkus, Asst, 87 L.Ed.2d 481 ( 1985 (! A member of the DEA payments to the witnesses, 950 F.2d 893, 917-18 ( Cir. As to three of the JBM did not know of the DEA payments to the verdict winner in. Trial requiring reversal. ) ) ability to conduct a colloquy with the witnesses enforcement agencies that had potential! L.Ed.2D 618 ( 1987 ) ( 3 ) non-profit in this case alleged that Thornton participated in light! 2D 215 ( 1963 ), denied the motions on their new trial the united v.... To you by Free Law Project i do n't really see the for. Dispute that the information does not require a reversal of their conviction [ who ] can make some of. Amp ; Orders these four errors, and the other side Chief Judge, and! 950 F.2d 893, 917-18 ( 3d Cir, Abigail R. Simkus, Asst & amp ; Orders be from... Casoni, 950 F.2d 893, 917-18 ( 3d Cir.1989 ), and should have been by., Washington, DC, for appellee is sufficient for joining these defendants in a trial... Imprisonment also joint trials of defendants who are indicted together. `` ) voir dire is unnecessary and be... 1988 ) of all enforcement agencies that had a potential connection with the jurors to determine the basis their. Denied the motions on their merits issued a curative instruction as to three of the JBM 501 ( ).