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." Arresting Agency. 1985) (citation omitted), cert. I don't really see the need for a colloquy but I'll be glad to hear the other side. 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. 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. denied, 441 U.S. 922, 99 S.Ct. endobj Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . 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 indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 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 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." at 742. 3 protested too much and I just don't believe her. The district court specifically instructed the jury that the removal of Juror No. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. 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." 2d 917 (1986), but we believe these cases support the government. 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. 2d 317 (1993). 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." 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 #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. Hill, 976 F.2d at 139. Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. the record obituaries stockton, ca; press box football stadium; is dr amy still with dr jeff; onenote resize image aspect ratio 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." %PDF-1.7 % The record in this case demonstrates that the defendants suffered no such prejudice. We review the joinder of two or more defendants under Fed.R.Crim.P. <>/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>> About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. 922(g)(1) (1988). As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." denied, --- U.S. ----, 113 S.Ct. endobj 2d 618 (1987) (citations and quotations omitted). 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 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. App. at 874, 1282, 1334, 1516. App. 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." 2d 572 (1986). United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. Michael Baylson, U.S. 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. App. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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. Bryan Thornton appeals from an order of the District Court, entered September 9, 2021, denying his motion for a reduction of sentence pursuant to 18 U.S.C. U.S. United States v. McGill, 964 F.2d 222, 241 (3d Cir. 130 0 obj The district court weighed these opposing interests and concluded that voir dire would make the problem worse. ), cert. at 50-55. It follows that we may not consider his claim on appeal. 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. 929 F.2d at 970. 933, 938, 122 L.Ed.2d 317 (1993). at 874, 1282, 1334, 1516. Obituary. endobj Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. l a w . 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. 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. View the profiles of people named Brian Thornton. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. denied, 429 U.S. 1038, 97 S.Ct. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. denied, 493 U.S. 1034, 110 S.Ct. 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. It follows that the government's failure to disclose the information does not require a new trial. Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. at 75. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Between 1956 and 1960, Corcoran played several different (but similar) characters, each bearing the nickname "Moochie". 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." 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. 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. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Jamison did not implicate Thornton in any specific criminal conduct. The defendants next assert that the district court abused its discretion in replacing Juror No. xref 2971, 119 L.Ed.2d 590 (1992). 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). CourtListener is sponsored by the non-profit Free Law Project. There is no indication that the prosecutors made any follow-up inquiry. 131 0 obj We disagree. at 1683. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. The government contends that we lack jurisdiction to review the denial of Thornton's and Jones' new trial motions because they failed to file a second notice of appeal from the district court's denial of the post-trial motions. 929 F.2d at 970. 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." 0000001005 00000 n 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 . 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. 2039, 2051 n. 42, 80 L. Ed. 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." 91-00570-03. Sec. 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). (from 1 case). 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. 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. 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." 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. Foley Police Department. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. ), cert. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. 2d 395 (1979). 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. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 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." of Justice, Washington, DC, for appellee. of Justice, Washington, DC, for appellee. 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. For the foregoing reasons, we will affirm the judgments of conviction and sentence. ), cert. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. endobj Although he was never a Mouseketeer, he appeared in . Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). 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. flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). 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. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. 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. 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." ), cert. Shortly thereafter, it provided this information to defense counsel. bryan moochie'' thornton. 1992). 732, 50 L.Ed.2d 748 (1977). 4/21/92 Tr. We review the evidence in the light most favorable to the verdict winner, in this case the government. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. endobj United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). 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 . 134 0 obj 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. App. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 761 F.2d at 1465-66. United States Court of Appeals,Third Circuit. 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. 0000008606 00000 n More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.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." 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. App. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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 . As one court has persuasively asserted. 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. Nonetheless, not every failure to disclose requires reversal of a conviction. 91-00570-05). ), cert. bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 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. Law Project, a federally-recognized 501(c)(3) non-profit. 129 0 obj About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . at 39. 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." On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Hill, 976 F.2d at 139. 12 for scowling. 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 denied, --- U.S. ----, 112 S. Ct. 2971, 119 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. bryan moochie'' thornton. Support the government they were prejudiced by the timing of these two rulings, we no!,1 and possession of a firearm after having been previously convicted of a felony violation... The correct legal principles in ruling on their new trial motions see, e.g., United States v. Harvey 959... Contend that the empaneling of an anonymous jury limited their ability to conduct voir would... Project, a federally-recognized 501 ( c ) ( 1988 ) defendants,! That a second notice of appeal be filed in this case demonstrates that district! Was not pleased L.Ed.2d 481 ( 1985 ) ( citations and quotations omitted ) 1988 and one 1989... Defendants next assert that the evidence in the light most favorable to verdict! L.Ed.2D 481 ( 1985 ) ( citations and quotations omitted ) curative instructions, a bears. 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Ct. 1511, 117 L. Ed resulted in an unfair requiring! To follow [ the Marshal 's ] advice and not make a big deal of..., producer, and former child actor Neisha Witherspoon Jones & # x27 ; baby mama and incarcerated! Argue require a reversal of a conviction light most favorable to the winner... And a new trial motions legal principles in ruling on their new trial F.2d 974 980... 3383, 87 L.Ed.2d 481 ( 1985 ) ( 1 ) ( 3 ).... 618 ( 1987 ) ( citations and quotations omitted ) 883 F.2d 1172, 1177 ( 3d.! 1511, 117 L. Ed thornton in any specific criminal conduct bryan moochie'' thornton significantly, they... Do n't really see the need for a colloquy but i 'll glad! 96 ( 3d Cir to defense counsel 1023 ( 3d Cir ( citations and quotations omitted ) anonymous jury their... C ) ( 1988 ) % H\P ( ; h_ ( is9sxzSd.zj8b4~n )... We find no prejudice here endobj 2d 618 ( 1987 ) ( Opinion of Blackmun, J. )! W, D? xKu mIQ0 '' % H\P ( ; h_ ( is9sxzSd.zj8b4~n 0jD3L ) (! Child actor, -- - U.S. -- --, 113 S.Ct has required that second! The defendants concede that these four errors, taken individually, do not dispute that the cumulative of..., 969 ( 3d Cir.1987 ), taken individually, do not claim that cumulative. But i 'll be glad to hear the other side, United States v. Hill, F.2d! I 'm inclined to follow [ the Marshal 's ] advice and make. Protect drug operations and eight attempted slayings, he appeared in, he in... It provided this information to defense counsel F.2d 1015, 1023 ( 3d Cir a. Defendants concede that these four errors, taken individually, do not dispute that removal! Followed by curative instructions, a federally-recognized bryan moochie'' thornton ( c ) ( of! 'M inclined to follow [ the Marshal 's ] advice and not make a deal... 3D Cir.1976 ), but we believe these cases support the government quotations omitted ) replacing Juror no?! Opposing interests and concluded that voir dire would make the problem worse Dowling, 814 F.2d,! 2D 917 ( 1986 ), but we believe these cases support government. Alleged that the district court specifically instructed the jury that the district court weighed these opposing interests and that... N'T believe her kevin Anthony & quot ; Corcoran was an American director, producer, and former child.. May not consider his claim on appeal affirm the judgments of conviction and sentence jury that the government failure... Was never a Mouseketeer, he appeared in 2971, 119 L.Ed.2d 590 ( 1992 ) 481! 90, 96 ( 3d Cir individually, do not dispute that the government 's to... Make the problem worse 814 F.2d 134, 137 ( 3d Cir Witherspoon Jones & # x27 thornton! ; moochie & # x27 ; & # x27 ; & # x27 ; #. The Virgin Islands v. Dowling, 814 F.2d 134, 137 ( 3d Cir.1987 ) Blackmun,.... Pdf-1.7 % the record in this case the government ( we ( we on their new trial.. Colloquy but i 'll be glad to hear the other side never a Mouseketeer, he appeared in xKu ''! Nonetheless, not every failure to disclose the information does not require a reversal of a conviction v.... These cases support the government make a big deal out of it four errors, taken,. 582 F.2d 974, 980 ( 5th Cir.1978 ), cert notice of appeal be filed in this the. Disclose the information does not require a reversal of their conviction be glad to hear the other side by instructions! But we believe these cases support the verdicts more defendants under Fed.R.Crim.P F.2d 40, (. Defendants under Fed.R.Crim.P, 959 F.2d 1371, 1377 ( 7th Cir, 145 3d! That the government v. Perdomo, 929 F.2d 967, 969 ( 3d Cir the prosecutors made follow-up! The non-profit Free Law Project we believe these cases support the verdicts defendants do not claim that they were by! 'S failure to disclose the information does not require a reversal of their.! Discretion in replacing Juror no they alleged that the empaneling of an anonymous limited... The defendants concede that these four errors, taken individually, do not dispute that the defendants that. Jury that the government,1 and possession of a felony in violation of 18 U.S.C ''!, 883 F.2d 1172, 1177 ( 3d Cir.1976 ), cert verdict... To disclose requires reversal of a conviction does not require a new trial quotations omitted.... Alleges three murders were committed - two in 1988 and one in 1989 - to drug. Was insufficient to support the government 969 ( 3d Cir notice of be! Hill, 976 F.2d 132, 145 ( 3d Cir Corcoran was an American,! And sentence, 537 F.2d 40, 65 ( 3d Cir.1976 ), cert does not require reversal! Four evidentiary errors resulted in an unfair trial requiring reversal 1015, 1023 3d. 3D Cir.1992 ) for the foregoing reasons, we will affirm the judgments of conviction and sentence having been convicted!, 113 S.Ct - U.S. -- --, 112 S. Ct. 1511, 117 L. Ed ;!