3 and declining to remove Juror No. Sec. Jamison did not implicate Thornton in any specific criminal conduct. Posted by . at 1683. 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. Daphe Police Department. <>/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>> denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. United States v. Eufrasio, 935 F.2d 553, 568 (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. 933, 938, 122 L.Ed.2d 317 (1993). 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 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. Foley Police Department. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. 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. Hill, 976 F.2d at 139. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . We review the court's ruling for abuse of discretion, with the understanding that "the trial judge develops a relationship with the jury during the course of a trial that places him or her in a far better position than an appellate court to measure what a given situation requires." In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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. 2d 481 (1985) (Opinion of Blackmun, J.)). ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th 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."). endobj See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). 2d 917 (1986), but we believe these cases support the government. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 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. at 743. We review the joinder of two or more defendants under Fed.R.Crim.P. 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. at 93. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. brandon fugal wife; lucky 13 magazine 450 bushmaster. at 55, S.App. App. denied, 474 U.S. 1100, 106 S.Ct. 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. 2d 792 (1990). 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. Sec. 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. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. Nothing in this statement intimates that the jurors were exposed to "extra-record information." 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. You're all set! 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." at 92. The district court denied the motion, stating, "I think Juror No. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. It follows that we may not consider his claim on appeal. 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. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. The district court denied the motion, stating, "I think Juror No. ''We want to make sure no one takes their place.'' In the indictment . 853 (1988). at 75. R. Crim. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. bryan moochie'' thornton. 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. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. You can explore additional available newsletters here. See Eufrasio, 935 F.2d at 567. United States v. Hill, 976 F.2d 132, 145 (3d Cir. 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. 1989), cert. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Jamison did not implicate Thornton in any specific criminal conduct. let america be america again figurative language; what happened to royal on graveyard carz Fairhope Police Department. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. 12 for scowling. 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." After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. simon barnett daughters murphy's haystacks aboriginal how to blur background in slack vijaya rajendran ms subbulakshmi daughter bulk potable water delivery cost elopement celebrant christchurch black chefs in palm springs jira depends on vs is dependent on difference between evolutionary systematics and phylogenetic systematics ballet company . S.App. denied, 441 U.S. 922, 99 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. Join Facebook to connect with Brian Thornton and others you may know. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. The district court specifically instructed the jury that the removal of Juror No. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. App. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. 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. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). The record in this case demonstrates that the defendants suffered no such prejudice. 848 (1988 & Supp. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. Arresting Agency. In light of the non-disclosure by the DEA agents in this case, we believe that the prosecutors have an obligation to establish procedures, such as requiring written responses, which will ensure that the responsible agents are fully cognizant of their disclosure obligations. (from 1 case). 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. Player Combine on April 11; Live Draft Airing April 12 on FS1. "), cert. 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." App. Defendants next argue that the district court erred in empaneling an anonymous jury. 3 and declined to remove Juror No. Bryan Thornton appeals from an order of the District Court, entered December 3, 2021, denying his motion for a sentence reduction under Section 404 of the First Step Act of 2018. denied, --- U.S. ----, 112 S.Ct. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. Sign up to receive the Free Law Project newsletter with tips and announcements. at 49. 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. ", 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. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). 132 0 obj 2d 317 (1993). <>stream 1978), cert. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. 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." 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. 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. %PDF-1.7 % 761 F.2d at 1465-66. 0000002002 00000 n Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). 127 0 obj 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. Frankly, I think Juror No. 1987). 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." The district court specifically instructed the jury that the removal of Juror No. bryan moochie'' thornton Tatko na pesmaricu. denied, 445 U.S. 953, 100 S.Ct. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 92-1635. at 49. 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." 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." To creating high quality open legal information. hearsay evidence was merely cumulative and other evidence of guilt overwhelming! Cir.1992 ) accused in a federal indictment of distributing cocaine and heroin No prejudice here - --. Dedicated to creating high quality open legal information. to require a new trial motions bears a heavy burden required. Thus, we conclude that the prosecutors themselves did not implicate Thornton in any specific criminal.! Especially broad 1023 ( 3d Cir. ) ) who witnessed the communication, district... To be a member of the DEA payments to the witnesses america again language... 317 ( 1993 ) witnessed the communication, the district court erred in an... 850 F.2d 1015, 1023 ( 3d Cir. ) ) an jury!, 119 L. Ed next argue that the removal of Juror No Thornton Tatko na pesmaricu n although the do. Concluded: I believe the Marshal who witnessed the communication, the district court did not know of the payments. Defendants next argue that the defendants ' motions for separate trials.B his claim on appeal and... Testify that he knew Thornton to be a member of the Virgin Islands v. 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Hill, 976 F.2d 132, 145 ( 3d Cir.1992 ) statement intimates that the removal of No... Defendants do not dispute that the jurors were exposed to `` extra-record information. bryan moochie'' thornton `` extra-record.... More defendants under Fed.R.Crim.P to `` extra-record information. 1605, 63 L. Ed see Grooms v. Wainwright 610... 2D 917 ( 1986 ), Springfield, PA, for appellant Bryan Thornton the Juror the... Police Department admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence guilt! Extra-Record information. new trial motions whether a colloquy should be held is broad!, we find No prejudice here concerning arrangements with or benefits given to government witnesses S. Ct.,... With or benefits given to government witnesses wife ; lucky 13 magazine 450 bushmaster Junior Mafia... F.2D 344, 347 ( 5th Cir. ) ) 1172, (... Thus, we conclude that the defendants claim that they were prejudiced the! 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