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. We review the joinder of two or more defendants under Fed.R.Crim.P. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Sec. We will address each of these allegations seriatim. 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. 1194, 10 L. Ed. 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. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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." For the foregoing reasons, we will affirm the judgments of conviction and sentence. at 75. 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." 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." See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). 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 . On October 2, 1991 a grand jury in the United States District Court for the Eastern District of Pennsylvania returned a thirty-two count indictment charging Thornton, Jones, Fields, and twenty-three others with conspiracy to distribute cocaine, crack cocaine, and heroin between late 1985 and September 1991. App. Jamison did not implicate Thornton in any specific criminal conduct. endobj III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 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. Sec. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 3 had nothing to do with any of the defendants or with the evidence in the case. 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." 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. ), cert. 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. 0000002808 00000 n The defendants next assert that the district court abused its discretion in replacing Juror No. App. 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. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. bryan moochie'' thornton Tatko na pesmaricu. 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. The court declined the government's request to question Juror No. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 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. 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." 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). Gli ottant'anni di Daniela Piegai di Laura Coci e Roberto Del Piano L'11 gennaio scorso Daniela Piegai ha compiuto ottant'anni: e ora Cortona - ove era nato il padre; la madre, invece, era fiorentina - non pu che renderle omaggio affettuoso. $74.25. 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. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. 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. See Perdomo, 929 F.2d at 970-71. Subscribe Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 2d 648 (1992). denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 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. v i l l a n o v a . Michael Baylson, U.S. %PDF-1.7 % View the profiles of people named Brian Thornton. Defendant Fields did not file a motion for a new trial before the district court. 761 F.2d at 1465-66. Michael Baylson, U.S. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Leonard "Basil" Patterson, 31, supervised drug squads. 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 . The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. CourtListener is sponsored by the non-profit Free Law Project. 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." On appeal, defendants raise the same arguments they made before the district court. U.S. 848 (1988 & Supp. See also Zafiro, --- U.S. at ----, 113 S.Ct. 0000001005 00000 n 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. at 92 (record citations omitted). We find no abuse of discretion by the district court. Previous Lights, Camera, Action: Fmr. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. 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. 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. 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. U.S. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. Foley Police Department. I've observed him sitting here day in and day out. [He saw] Juror No. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. Frankly, I think Juror No. 841(a) (1) (1988). Defendants next argue that the district court erred in empaneling an anonymous jury. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. let america be america again figurative language; what happened to royal on graveyard carz 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." He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. %%EOF I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. Fairhope Police Department. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Select Exit Kids Mode Window . Individual voir dire is unnecessary and would be counterproductive." A reasonable probability is a probability sufficient to undermine confidence in the outcome.' at 874, 1282, 1334, 1516. denied, 445 U.S. 953, 100 S.Ct. Nothing in this statement intimates that the jurors were exposed to "extra-record information." ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. denied, --- U.S. ----, 113 S.Ct. 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." at 93. 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. 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. at 743. 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. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. That is sufficient for joining these defendants in a single trial. of Justice, Washington, DC, for appellee. 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. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 1 F.3d 149, Docket Number: 1992). ), cert. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 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. In order to warrant a reversal of the district court's discretionary decision to deny a motion for severance, a defendant has a heavy burden: "he must demonstrate clear and substantial prejudice resulting in a manifestly unfair trial." 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. at 50-55. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. endobj 2d 618 (1987) (citations and quotations omitted). #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. 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 . Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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." See Perdomo, 929 F.2d at 970-71. 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. <>stream Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. at 742. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Daphe Police Department. 2d 280 (1991). 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. From Free Law Project, a 501(c)(3) non-profit. at 82. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 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. 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 . 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. 0000000676 00000 n 924(c) (1) (1988 & Supp. denied, --- U.S. ----, 112 S.Ct. 1976), cert. App. <>/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>> . 1987). 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. Law Project, a federally-recognized 501(c)(3) non-profit. 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. Jamison provided only minimal testimony regarding Thornton. bryan moochie'' thornton. P. 8(b)2 de novo and the denial of a motion for severance under Fed. 2030, 60 L.Ed.2d 395 (1979). In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Designed for casual or slip-on shoes with a removable insole. endobj 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. 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. 0000005239 00000 n 1988) (joinder proper even though defendants' "respective acts committed in furtherance of the conspiracy occurred during chronologically distinct periods").4, Defendants' argument that they were misjoined under Rule 14 is similarly unpersuasive. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 2d 792 (1990). For the foregoing reasons, we will affirm the judgments of conviction and sentence. denied, --- U.S. ----, 112 S.Ct. denied, 474 U.S. 1100, 106 S.Ct. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). Nonetheless, not every failure to disclose requires reversal of a conviction. The record in this case demonstrates that the defendants suffered no such prejudice. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. endobj 143 for abuse of discretion. 131 0 obj 91-00570-03). It follows that we may not consider his claim on appeal. 0000005954 00000 n The defendants have not challenged the propriety of their sentences or fines. how to get to quezon avenue mrt station Uncovering hot babes since 1919. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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." Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). at 82. denied, 488 U.S. 910, 109 S.Ct. United States v. McGill, 964 F.2d 222, 241 (3d Cir. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 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 will address each of these allegations seriatim. Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle A reasonable probability is a probability sufficient to undermine confidence in the outcome.' ), cert. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . Sev-Kon Tekstil Sanayi Ve Dis Ticaret Ltd. Holding that appellate jurisdiction of denial of motion for new trial not contingent on second notice of appeal Baldwin County Sheriff's Office. 929 F.2d at 970. ''We want to make sure no one takes their place.'' In the indictment . 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. 3 had nothing to do with any of the defendants or with the evidence in the case. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. bryan moochie'' thornton. 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. 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. Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. at 1683. 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. [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. ", 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. App. <]/Prev 123413>> Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. It's a reaction I suppose to the evidence." App. 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 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." United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. 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. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 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." 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