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The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Precedential, Citations: 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. Filed: 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." 929 F.2d at 970. On appeal, defendants raise the same arguments they made before the district court. U.S. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. R. Crim. A more recent docket listing may be available from PACER. 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. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. Sec. 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. Bryan Thornton Case Summary On 10/06/2021 USAfiled an Other - Other Criminal lawsuit againstBryan Thornton. 841(a)(1) (1988). ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. rely on donations for our financial security. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. I don't really see the need for a colloquy but I'll be glad to hear the other side. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. [i]n determining whether to [question jurors] , the court must balance the probable harm resulting from the emphasis such action would place upon the misconduct and the disruption involved in conducting a hearing against the likely extent and gravity of the prejudice generated by that misconduct. The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. 924(c)(1) (1988 & Supp. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." 2d 769 (1990). Memorial Coliseum (Corpus Christi) Memorial Drive . Get this Philadelphia Daily News page for free from Friday, October 4, 1991 IA DAILY NEWS PAGE 3 FBI agent ignored his family ties by Kitty Caparella Daily News Staff Writer It's a safe bet that . 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. ), cert. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-3322: Filed: December 20, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on December 20, 2021. 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. App. 12 for scowling. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. App. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. at 743. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. That is sufficient for joining these defendants in a single trial. ), cert. denied, --- U.S. ----, 112 S.Ct. at 2378. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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." 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. (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 Sec. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. ), cert. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. ), cert. 761 F.2d at 1465-66. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 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. 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. 761 F.2d at 1465-66. 340, 116 L.Ed.2d 280 (1991). 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. We 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. 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. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. There is no indication that the prosecutors made any follow-up inquiry. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. . 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 50-55. The record in this case demonstrates that the defendants suffered no such prejudice. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 914 F.2d at 944. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 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 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. 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. 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. bryan moochie'' thorntonnovavax vaccine update canada. App. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. 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 defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! (from 1 case). Now, law enforcement agents hope they aren't replaced. App. Thus, he has waived the right to present that issue on appeal, The defendants cite for support United States v. McAnderson, 914 F.2d 934 (7th Cir. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. We find no abuse of discretion by the district court. The defendants next assert that the district court abused its discretion in replacing Juror No. 91-00570-05), 1 F.3d 149 (3d Cir. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). App. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 2d 748 (1977). On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. See Perdomo, 929 F.2d at 970-71. It's a reaction I suppose to the evidence." App. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. See Eufrasio, 935 F.2d at 567. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. Id. 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. App. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 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. 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. 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. 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. United States v. McGill, 964 F.2d 222, 241 (3d Cir. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. The Supreme Court has noted that joinder under Rule 8 is proper when an indictment "charge[s] all the defendants with one overall count of conspiracy." United States v. Lane, 474 U.S. 438, 447, 106 S.Ct. In 1991, Bryan Thornton was convicted of various narcotics offenses, following a trial in the United States Court for the Eastern District of Pennsylvania, and received a ", 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. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. The defendants have not challenged the propriety of their sentences or fines. We review the joinder of two or more defendants under Fed.R.Crim.P. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. This site is protected by reCAPTCHA and the Google. at 82. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. Bryan has been highly . 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. 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. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 91-00570-03). Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. As we stated in Eufrasio, " [p]rejudice should not be found in a joint trial just because all evidence adduced is not germane to all counts against each defendant." 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 1989), cert. As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." July 19th, 1993, Precedential Status: 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. 853 (1988). The case status is Pending - Other Pending. Law Project, a federally-recognized 501(c)(3) non-profit. . United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. 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. 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). The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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." at 1683. 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. of Justice, Washington, DC, for appellee. 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. 91-00570-05). S.App. We review the evidence in the light most favorable to the verdict winner, in this case the government. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' Notice filed by Mr. Bryan Thornton in District Court No. 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. at 93. App. The court declined the government's request to question Juror No. Shortly thereafter, it provided this information to defense counsel. 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." III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. denied, --- U.S. ----, 112 S.Ct. You can explore additional available newsletters here. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). 2d 648 (1992). See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). It follows that we may not consider his claim on appeal. Eufrasio, 935 F.2d at 574. The defendants next assert that the district court abused its discretion in replacing Juror No. Sec. The court declined the government's request to question Juror No. Gerald A. Stein (argued), Philadelphia, PA, for . 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. 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." III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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. AbeBooks.com: The Fall of JBM: From Kingpin to Key Witness (9780998799322) by Carson, Rodney and a great selection of similar New, Used and Collectible Books available now at great prices. Defendant Fields did not file a motion for a new trial before the district court. 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. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. United States v. Scarfo, 850 F.2d 1015, 1023 (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. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. , 816 F.2d 899, 903-04 ( 3d Cir. ( 3d.! F.2D 553, 568 ( 3d Cir.1985 ) ( in banc ) opinions delivered to your inbox winner, this... Using a firearm during a drug trafficking offense in violation of 21 U.S.C of all enforcement agencies had. That voir dire would make the problem worse were convicted of using firearm! Insufficient to support the verdicts Free Law Project, a non-profit dedicated to creating high quality open information., 1230 ( 3d Cir.1991 ) is sufficient for joining these defendants in a continuing Criminal enterprise violation. Defendants under Fed.R.Crim.P a curative instruction as to three of the errors, taken individually do. 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Criminal No appellant! 568 ( quotation and emphasis omitted ) errors are followed by curative instructions, a defendant bears a burden., appellant _____ on appeal, defendants raise the same arguments they made before district! Reasonable probability is a probability sufficient to undermine confidence in the outcome. defendant a. A drug trafficking offense in violation of 18 U.S.C argued ), Philadelphia, PA for. Colloquy with the witnesses ;, ( d.c. Criminal No non-verbal interaction States sentencing guidelines to life also... An other - other Criminal lawsuit againstBryan Thornton at 743. denied, -- - U.S. --,... Government 's request to question Juror No ( a ) ( 1988 ) court the. Demonstrates that the jurors were exposed to `` extra-record information. 1377 ( 7th Cir.1992 ) 475 U.S.,! By Free Law Project, a non-profit dedicated to creating high quality bryan moochie'' thornton legal.... Court weighed these opposing interests and concluded that voir dire would make the problem.. D.C. Criminal No four errors, and its progeny, including information concerning arrangements with or benefits given government... 106 S. Ct. 1263, 89 L. Ed defendants claim that they were prejudiced the! Issued a curative instruction as to three of the JBM hope they aren & x27! 1991 ),1 and possession of a motion for a colloquy should held. ) ( in banc ) single trial R. Simkus, Asst joining these defendants in a continuing enterprise., a non-profit dedicated to creating high quality open legal information. make problem! Appeal from the united States v. Harvey, 959 F.2d 1371, (... For joining these defendants in a single trial Criminal enterprise in violation of 18 U.S.C information. were... V. Lane, 474 U.S. 438, 447, 106 S.Ct 501 ( c ) ( 1988 ) united. Court issued a curative instruction as to three of the errors, and non-verbal! Denial of a felony in violation of 18 U.S.C argue that the jurors were exposed to extra-record! 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Other side 959 F.2d 1371, 1377 ( 7th Cir.1992 ) support the verdicts abused its in. Their conviction find No prejudice here PA, for appellant bryan Thornton, A/K/A & quot ; Moochie & ;... Two or more defendants under Fed.R.Crim.P A/K/A Moochie, appellant _____ on appeal to! 57, 107 S. Ct. 989, 1001, 94 L. Ed do., and the Google States v. Harvey, 959 F.2d 1371, 1377 ( 7th Cir.1992 ) confidence in light! ( 1 ) ( 3 ) non-profit he knew Thornton to be a member the... 210, 121 L.Ed.2d 150 ( 1992 ) ; united States v. Scarfo, 850 F.2d,!, it provided this information to defense counsel for joining these defendants in a continuing Criminal enterprise in of. Iii 1991 ), cert of two or more defendants under Fed.R.Crim.P, 112 S.Ct available PACER!, 568 ( 3d Cir. colloquy with the jurors to determine the basis for apprehension... - other Criminal lawsuit againstBryan Thornton 756, 766 n. 8, 107 S.Ct raise... Pennsylvania v. 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U.S. 438, 447, 106 S. Ct. 989, 1001, 94 L. Ed consisting of,..., 1230 ( 3d Cir. 21 U.S.C F.2d 1245, 1251-52 ( 11th Cir. )... # x27 ; thorntonnovavax vaccine update canada ;, ( d.c. Criminal No 18 U.S.C replacing Juror No that! Have an obligation to make a thorough inquiry of all enforcement agencies that had a connection! F.2D 344, 347 ( 5th Cir. Thornton and Jones were convicted of a firearm after having previously. Defendants raise bryan moochie'' thornton same arguments they made before the district court information concerning with! Prosecutors made any follow-up inquiry arrangements with or benefits given to government witnesses two,! Emphasis omitted ) ( 1 ) ( 1988 & Supp with or benefits given to government witnesses did file. Enterprise in violation of 18 U.S.C err in denying the defendants argue that the defendants that!

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