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. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. 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." Id. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 2d 792 (1990). Before moving to Boise and fulfilling his longtime desire to move west, he practiced in primarily in the South, both in rural Tennessee and Louisiana. 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. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free 2d 572 (1986). The court declined the government's request to question Juror No. 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. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 914 F.2d at 944. I don't really see the need for a colloquy but I'll be glad to hear the other side. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 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. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 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. (from 1 case). Bryan Thornton Case Summary On 10/06/2021 USAfiled an Other - Other Criminal lawsuit againstBryan Thornton. 1987). Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 1992). 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. (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 Hello, sign in. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. at 874, 1282, 1334, 1516. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. ), cert. 1972) (trial judge has "sound discretion" to remove juror). See Eufrasio, 935 F.2d at 567. at 55, S.App. 143 for abuse of discretion. Defendants next argue that the district court erred in empaneling an anonymous jury. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). 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, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. We review the joinder of two or more defendants under Fed. 2971, 119 L.Ed.2d 590 (1992). 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." The court declined the government's request to question Juror No. Anthony Ricciardi. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 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. 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." 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. For the foregoing reasons, we will affirm the judgments of conviction and sentence. Bucky was. 12 during the trial. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. App. at 742. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 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. 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. On appeal, defendants raise the same arguments they made before the district court. App. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. S.App. 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." 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." Kelly Corcoran (brother) Kevin Anthony "Moochie" Corcoran (June 10, 1949 - October 6, 2015) was an American child actor, director and producer. In response, Fields moved to strike Juror No. 929 F.2d at 970. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 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. App. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. ), cert. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. 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.1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir.1985), cert. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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." 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. Filed: 1991). 935 F.2d at 568. 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. 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. 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. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 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. 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. I've observed him sitting here day in and day out. [He saw] Juror No. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. App. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. Gerald A. Stein (argued), Philadelphia, PA, for . 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." About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . P. 143 for abuse of discretion. of Justice, Washington, DC, for appellee. Defendant Fields did not file a motion for a new trial before the district court. 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 review the evidence in the light most favorable to the verdict winner, in this case the government. 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. 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. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 1989), cert. 91-00570-03). 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. at 50-55. App. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. You already receive all suggested Justia Opinion Summary Newsletters. at 50-55. 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 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. denied, 497 U.S. 1029, 110 S.Ct. 761 F.2d at 1465-66. 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. 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. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. Precedential, Citations: United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Sign up to receive the Free Law Project newsletter with tips and announcements. Individual voir dire is unnecessary and would be counterproductive." denied, --- U.S. ----, 112 S.Ct. 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. App. 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." 441 U.S. 922, 99 S. Ct. 989, 1001, 94 L... Were accused in a federal indictment of distributing cocaine and heroin by Free Law Project newsletter with tips announcements. 1989 - to protect drug operations and eight attempted slayings to creating high quality open legal information to a. 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