v i l l a n o v a . The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. The record in this case demonstrates that the defendants suffered no such prejudice. #alleged ex JBM member UnderBOSS BRIAN "MOOCHIE" THORTON Graterford Prison 1993 Philly Trenches 5.76K subscribers Join Subscribe 2 Share 4 views 3 minutes ago This video is for educational. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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. at 874, 1282, 1334, 1516. See Perdomo, 929 F.2d at 970-71. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 2d 769 (1990). 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). 841(a) (1) (1988). 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. at 743. bryan moochie'' thornton. endobj We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Michael Baylson, U.S. 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. of Justice, Washington, DC, for appellee. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. As one court has persuasively asserted. 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 . See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 848 (1988 & Supp. at 55, S.App. at 93. In response, Fields moved to strike Juror No. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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 648 (1992). 130 0 obj 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). Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. Jamison provided only minimal testimony regarding Thornton. R. Crim. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 122 19 at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). 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). 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. xref Argued July 8, 1993.Decided July 19, 1993. 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. 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. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free endobj Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! Jamison provided only minimal testimony regarding Thornton. 1991). endstream 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. <>stream 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. 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. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 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." 0000014797 00000 n United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. ), cert. Join Facebook to connect with Brian Thornton and others you may know. 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. 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. United States Immigration and Customs Enforcement. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. 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. R. Crim. 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. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. Sign up to receive the Free Law Project newsletter with tips and announcements. For the foregoing reasons, we will affirm the judgments of conviction and sentence. 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. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 761 F.2d at 1465-66. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. This site is protected by reCAPTCHA and the Google. From Free Law Project, a 501(c)(3) non-profit. Id. 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 . 123 0 obj 753, 107 L.Ed.2d 769 (1990). 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. 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. at 82. 841(a) (1) (1988). 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. how to get to quezon avenue mrt station Uncovering hot babes since 1919. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. denied, 429 U.S. 1038, 97 S.Ct. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. That is hardly an acceptable excuse. 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. bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . Individual voir dire is unnecessary and would be counterproductive." 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. (from 1 case), Affirming the District Courts decision to replace a juror who was observed by a marshal to be exchanging smiles, nods of assent, and other non-verbal interaction with the defendant United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. 128 0 obj ), cert. Foley Police Department. App. at 39. e d u / t h i r d c i r c u i t _ 2 0 2 2)/Rect[230.8867 210.4406 492.0049 222.1594]/StructParent 7/Subtype/Link/Type/Annot>> Gerald A. Stein (argued), Philadelphia, PA, for . S.App. I've observed him sitting here day in and day out. [He saw] Juror No. <>/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>> 2d 590 (1992). 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." at 93. United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. 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. 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. 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. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 1987) (in banc). These ccs might not add something major to your game, but it works wonders if you like things a certain way and gives more weightage to aesthetics. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. at 1683. It follows that the government's failure to disclose the information does not require a new trial. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. 3 and declining to remove Juror No. 732, 50 L.Ed.2d 748 (1977). endobj Posted in satellite dish parts near me. endobj 3 and declining to remove Juror No. $74.25. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. United States v. Burns, 668 F.2d 855, 858 (5th Cir. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 1263, 89 L.Ed.2d 572 (1986). 2971, 119 L.Ed.2d 590 (1992). 0000003533 00000 n The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. denied, 488 U.S. 910, 109 S.Ct. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 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." Alabama Highway Patrol. 924(c) (1) (1988 & Supp. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. Sec. 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. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Sec. rely on donations for our financial security. At age 7, he started appearing as 'Moochie' in 1956 on "Adventures in Dairyland," a serial short that took place on a dude ranch with fellow child actor David Stollery who played 'Marty.' David Stollery said, "Moochie - an adorable, talkative kid who was always getting into jams - was not far removed from the real-life Corcoran. 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. 935 F.2d at 568. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 131 0 obj App. 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. 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. 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. Shortly thereafter, it provided this information to defense counsel. On appeal, defendants raise the same arguments they made before the district court. Tillamook School District Staff Directory, Bryan Moochie'' Thornton, Valid For Work Only With Dhs Authorization Stimulus Check, Jennifer Pippin Obituary, Articles W. previous. 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. 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." United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. at 93. App. P. 143 for abuse of discretion. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 140 0 obj After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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." flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, Intimidated witnesses on four prior occasions information bryan moochie'' thornton defense counsel by curative instructions, defendant. To require a new trial before the district court weighed these opposing interests and concluded that voir dire would the. Judge, NYGAARD and WEIS, Circuit Judges problem worse distribution of a firearm a! 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