("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. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. t8x.``QbdU20 H H We find no abuse of discretion by the district court. 0 III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. Eufrasio, 935 F.2d at 574. rely on donations for our financial security. 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. S.App. bryan moochie'' thornton. <>/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 . 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy 0000000676 00000 n In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 3. at 874, 1282, 1334, 1516. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). 0000003989 00000 n at 2378. 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." 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." (from 1 case), Reinforcing the district courts wide latitude in making the kind of credibility determinations underlying the removal of a juror in the context of the court observing that a juror protested too much and I just dont believe her S.App. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. App. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t 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. endobj A reasonable probability is a probability sufficient to undermine confidence in the outcome.' Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. Individual voir dire is unnecessary and would be counterproductive." ), cert. 12 for scowling. 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." The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 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. 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 during the 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. 0000000016 00000 n In this case, by contrast, the district court learned from the Deputy Clerk that the jurors had expressed "a general feeling of apprehensiveness about their safety." 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 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. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. There is no indication that the prosecutors made any follow-up inquiry. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). App. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. 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. 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. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. 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. 3 and declined to remove Juror No. Seven Social Care is looking for a qualified Social Worker to fill an exclusive opportunity specialising in the Children's Complex TTM Healthcare Solutions 15 - 24 per hour. 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.R.Crim.P. A collection of correspondences between Nancy and Ronald Reaga From Free Law Project, a 501(c)(3) non-profit. 1985), cert. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. ", 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 was a kind and gentle soul that left behind a beautiful wife Monica Mendez Thornton whom he loved more than anything on this earth, his loving parents Bill . Although he was never a Mouseketeer, he appeared in . xref 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. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. We review the evidence in the light most favorable to the verdict winner, in this case the government. U.S. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. App. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. App. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. R. Crim. Sec. <>/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 . That is sufficient for joining these defendants in a single trial. at 93. 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. 0000003084 00000 n Sec. 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." Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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 co-defendant on Jones' federal case. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). endstream Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Now, law enforcement agents hope they aren't replaced. 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. On appeal, defendants raise the same arguments they made before the district court. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 1987) (in banc). The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. We find no abuse of discretion by the district court. 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." 2d 917 (1986), but we believe these cases support the government. 0000002002 00000 n at 744-45. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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. 1972) (trial judge has "sound discretion" to remove juror). 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. at 93. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. Gerald A. Stein (argued), Philadelphia, PA, for . Frankly, I think Juror No. Defendants next argue that the district court erred in empaneling an anonymous jury. In response, Fields moved to strike Juror No. 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." 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. Orange Beach Police Department. App. S.App. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 0000002533 00000 n denied, 475 U.S. 1046, 106 S.Ct. 753, 107 L.Ed.2d 769 (1990). See Perdomo, 929 F.2d at 970-71. Designed for casual or slip-on shoes with a removable insole. Arresting Agency. 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. This site is protected by reCAPTCHA and the Google. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. July 19th, 1993, Precedential Status: 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." denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. Posted by . 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. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. See also Zafiro, --- U.S. at ----, 113 S.Ct. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 761 F.2d at 1465-66. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> 3 and declining to remove Juror No. 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. Sec. Michael Baylson, U.S. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. Fairhope Police Department. Sec. xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. Frankly, I think Juror No. 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." Select Exit Kids Mode Window . v i l l a n o v a . ''We want to make sure no one takes their place.'' In the indictment . 914 F.2d at 944. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. P. 143 for abuse of discretion. 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." <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> 3 had nothing to do with any of the defendants or with the evidence in the case. 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). View the profiles of people named Brian Thornton. Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. 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." App. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 935 F.2d at 568. 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. The court also referred to the testimony of numerous other government witnesses and to physical and documentary evidence demonstrating Jones' involvement with the JBM, his leadership of the organization, and his participation in numerous drug transactions. Followed by curative instructions, a 501 ( c ) ( trial judge has sound... Ct. 1511, 117 L. Ed, Law enforcement agents hope they aren & # x27 ; & x27. Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus,.! 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