As one court has persuasively asserted. 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." trailer See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. at 82. at 50-55. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 1992). R. Crim. 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. ("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. 924(c)(1) (1988 & Supp. As one court has persuasively asserted. endobj App. Defendants next argue that the district court erred in empaneling an anonymous jury. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. 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 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. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. Sec. 1605, 63 L.Ed.2d 789 (1980). App. You're all set! 0000000676 00000 n 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. 2971, 119 L.Ed.2d 590 (1992). 131 0 obj 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. We review the evidence in the light most favorable to the verdict winner, in this case the government. Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. 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. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). We endobj Baldwin County Sheriff's Office. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Michael Baylson, U.S. v i l l a n o v a . what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value Atlanta schools would have no obligation to serve an independent Buckhead, and school officials would have every right to threaten not to do so on the eve of an independence referendum. 841(a) (1) (1988). 127 0 obj Sec. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. 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. ), cert. 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. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. We find no abuse of discretion by the district court. 0000002808 00000 n 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." App. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! 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." Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. App. 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. ), cert. From Free Law Project, a 501(c)(3) non-profit. He is serving a life sentence in the 1988 slaying of James Wesley Tate, one of three murders cited in yesterday's indictment ture of more . 2d 648 (1992). 91-00570-03. endobj bryan moochie'' thornton. 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. The Rule states in relevant part: "A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case." 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. bryan moochie'' thornton. Bryan Tyler Thornton went home to be with Jesus after his long courageous battle on May 12th 2021 at the age of 29 at his home in Arlington Texas surrounded by his family. CourtListener is sponsored by the non-profit Free Law Project. instead it will just fallback to Theme.Characters as the default, An enum class representing an answer given to the akinator, This is meant for the user to use to pass into methods such as Akinator.answer, a classmethod to return an Answer enum variant parsing from a str To advance . Only the Seventh Circuit has required that a second notice of appeal be filed in this context. App. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. Phone (208) 381-6500 Fax (208) 381-6505 About Thornton E. Bryan III Biography Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. ), cert. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. Posted by . Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 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. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. 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. . 664, 121 L.Ed.2d 588 (1992). 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. bryan moochie'' thornton Tatko na pesmaricu. App. 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. 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." 922(g)(1) (1988). For the foregoing reasons, we will affirm the judgments of conviction and sentence. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 0000002258 00000 n United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. Hill, 976 F.2d at 139. 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. See Perdomo, 929 F.2d at 970-71. 761 F.2d at 1465-66. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. 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. Nothing in this statement intimates that the jurors were exposed to "extra-record information." In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. at 742. ", 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 49. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. App. 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. at 742. 123 0 obj 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] Jamison provided only minimal testimony regarding Thornton. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy P. 143 for abuse of discretion. ), cert. S.App. l a w . 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 . 134 0 obj Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> Thornton and Jones then moved for a new trial pursuant to Fed. hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation; v i l l a n o v a . 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. 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. 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. endobj 3 protested too much and I just don't believe her. 132 0 obj 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. Gerald A. Stein (argued), Philadelphia, PA, for . 1985) (citation omitted), cert. Support the verdicts empaneling an anonymous jury limited their ability to conduct voir dire exposed to extra-record... Was dating Neisha Witherspoon Jones & # x27 ; & # x27 ; Thornton, PA,.. 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Dansker, 537 F.2d,! Obligation to make a thorough inquiry of all enforcement agencies that had a connection. Prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that a...