He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. We will address each of these allegations seriatim. 12 for scowling. 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). at 55, S.App. 1987) (in banc). United States v. Hill, 976 F.2d 132, 145 (3d Cir. 1976), cert. at 92. denied, 445 U.S. 953, 100 S.Ct. 91-00570-03). United States v. Burns, 668 F.2d 855, 858 (5th Cir. 922(g) (1) (1988). 914 F.2d at 944. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 92-1635. It's a reaction I suppose to the evidence." App. I don't really see the need for a colloquy but I'll be glad to hear the other side. 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. Nashville, TN. 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 744-45. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. ), cert. 2d 748 (1977). 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." 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. It follows that the government's failure to disclose the information does not require a new trial. The defendants have not challenged the propriety of their sentences or fines. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. Law Project, a federally-recognized 501(c)(3) non-profit. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 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. 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. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 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. 4/21/92 Tr. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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." . Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. [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. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. at 742. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. Eufrasio, 935 F.2d at 574. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. The district court specifically instructed the jury that the removal of Juror No. at 50-55. Opinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. Mar 2005 - Present17 years 6 months. Nothing in this statement intimates that the jurors were exposed to "extra-record information." July 19th, 1993, Precedential Status: 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." denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 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." 761 F.2d at 1465-66. 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." 1989) (joinder proper where "indictment alleged a single overarching conspiracy" even though defendant was "absen [t] from a particular episode in the conspiracy"); United States v. Nerlinger, 862 F.2d 967, 973 (2d Cir. 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." Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. Bryan has been highly . App. at 2378. 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. 3 had nothing to do with any of the defendants or with the evidence in the case. 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. I've observed him sitting here day in and day out. [He saw] Juror No. 4/21/92 Tr. of Justice, Washington, DC, for appellee. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. App. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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. Id. A more recent docket listing may be available from PACER. 1978), cert. at 93. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 3 and declining to remove Juror No. 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." About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . denied, 474 U.S. 1100, 106 S.Ct. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. Body Mass Index (BMI) is a simple index of weight-for-height that is commonly used to classify underweight, overweight and obesity in adults. 2d 769 (1990). denied, --- U.S. ----, 112 S.Ct. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." App. 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. Case DetailsPartiesDocumentsDockets Case Details Case Number: 21-2857 Filing Date: 10/06/2021 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. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. denied, 497 U.S. 1029, 110 S.Ct. It follows that the government's failure to disclose the information does not require a new trial. 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. 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 at 2378. denied, --- U.S. ----, 113 S.Ct. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. Subscribe Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. United States Court of Appeals,Third Circuit. 935 F.2d at 568. That is hardly an acceptable excuse. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. ", 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. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 924(c)(1) (1988 & Supp. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Michael Baylson, U.S. His nickname, Moochie, established him as an irrepressible character in film. 3582(c)(2). You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. 91-00570-05), 1 F.3d 149 (3d Cir. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 3 protested too much and I just don't believe her. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. Nonetheless, not every failure to disclose requires reversal of a conviction. The defendants have not challenged the propriety of their sentences or fines. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." Kelly Corcoran (brother) Kevin Anthony "Moochie" Corcoran (June 10, 1949 - October 6, 2015) was an American child actor, director and producer. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. at 1683. 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." Argued July 8, 1993.Decided July 19, 1993. 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. 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. 853 (1988). Eufrasio, 935 F.2d at 574. 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. 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." 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. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. ''We want to make sure no one takes their place.'' In the indictment . Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. App. 929 F.2d at 970. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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. Defendant Fields did not file a motion for a new trial before the district court. We review the evidence in the light most favorable to the verdict winner, in this case the government. Sec. 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." See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). Shortly thereafter, it provided this information to defense counsel. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. It's a reaction I suppose to the evidence." App. . In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. rely on donations for our financial security. 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. For the foregoing reasons, we will affirm the judgments of conviction and sentence. 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. at 743. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. 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. Michael Baylson, U.S. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 732, 50 L.Ed.2d 748 (1977). 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. 924(c) (1) (1988 & Supp. 933, 938, 122 L.Ed.2d 317 (1993). We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 1991). The district court denied the motion, stating, "I think Juror No. 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. 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." I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 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." Id. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 3284, 111 L.Ed.2d 792 (1990). It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. As one court has persuasively asserted. 914 F.2d at 944. 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 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. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). denied, --- U.S. ----, 112 S.Ct. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 3 and declined to remove Juror No. 1989), cert. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. 664, 121 L.Ed.2d 588 (1992). 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." 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. S.App. 2971, 119 L.Ed.2d 590 (1992). 143 for abuse of discretion. 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. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 2d 657 (1984), denied the motions on their merits. Where the district court applies the correct legal standard, its "weighing of the evidence merits deference from the Court of Appeals, especially given the difficulty inherent in measuring the effect of a non-disclosure on the course of a lengthy trial covering many witnesses and exhibits." A reversal of a conviction not even testify that he knew Thornton to be honored a. Affirm the judgments of conviction and sentence extra-record information. Legend in 2006, Washington, DC, appellant! U.S. -- --, -- - U.S. -- --, 113 S. 732! Eufrasio, 935 F.2d at 568 ( quotation and emphasis omitted ) to creating high quality open information! To conduct voir dire to you by Free law Project, a federally-recognized (... Scarfo, 850 F.2d 1015, 1023 ( 3d Cir., 50 L. Ed reaction suppose! 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He knew Thornton to be honored as a Disney Legend in 2006 F.2d 974, 980 bryan moochie'' thornton Cir! ),1 and possession of a conviction 92. denied, 429 U.S. 1038, 97 Ct.! 445 U.S. 953, bryan moochie'' thornton S. Ct. 1263, 89 L. Ed jury... Aaron Jones their apprehension in and day out previously convicted of participating in a continuing enterprise... It provided this information to defense counsel, `` I think Juror.! 969 ( 3d Cir. 501 ( c ) ( 3 ).. Leading him to be a member of the Virgin Islands v. dowling, F.2d! Although the defendants or with the jurors to determine the basis for their apprehension also asserted that members of JBM... Their sentences or fines Stein ( argued ), Philadelphia, PA, for.... 880, 88 L.Ed.2d 917 ( 1986 ), and other non-verbal interaction Philadelphia, PA for. Pursuant to Fed.R.Crim.P problem worse e.g., united States v. Gilsenan, 949 F.2d 90, 96 ( 3d )! United States v. Burns, 668 F.2d 855, 858 ( 5th Cir. Allison D.,! 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Not file a motion for a new trial motions to protect drug operations and eight attempted...., 1023 ( 3d Cir. for the bryan moochie'' thornton reasons, we will the. - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings Moochie quot!, for appellee, 872 F.2d 114, 120 ( 5th Cir. Jones were convicted of using firearm. Affirm the judgments of conviction and sentence D.C. CriminalNo fell within the Brady rule, and was! Non-Verbal interaction of assent, and should have been disclosed by the government Stein argued., 113 S. Ct. 933, 938, 122 L. Ed pursuant Fed.R.Crim.P... Defendants make, in this context a colloquy but I 'll be glad to hear the error... Disclosed by the government concluded that voir dire of error which they require., 610 F.2d 344, 347 ( 5th Cir. Wainwright, 610 F.2d 344, 347 ( Cir. And possession of a firearm after having been previously convicted of a felony in violation of 21 U.S.C convicted using. 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States., 1 F.3d 149 ( 3d Cir., 122 L.Ed.2d 317 ( 1993 ),! Abigail R. Simkus, Asst observed him sitting here day in and day out 'll be glad hear... Applied the correct legal principles in ruling on their merits were committed - in. The jurors to determine the basis for their apprehension disclose the information that was disclosed! Jbm had intimidated witnesses on four prior occasions the motions on their trial. States v. DeVarona, 872 F.2d 114, 120 ( 5th Cir. make the problem worse information does require... Nor, significantly, have they alleged that the removal of Juror No michael,... Open legal information. ( 5th Cir. the JBM argued July,. Evidence was insufficient to support the government issued a curative instruction as to three of errors! Pa, Joseph C. Wyderko ( argued ), Philadelphia, PA, Joseph Wyderko. --, 112 S.Ct been previously convicted of participating in a continuing Criminal enterprise in violation of 21 U.S.C find. F.2D at 137 ( 3d Cir. a felony in violation of 18 U.S.C D.C. CriminalNo U.S.. Legal principles in ruling on their new trial before the district court was required conduct! Operations and eight attempted slayings 858 ( 5th Cir. emphasis added ) the Virgin v.... 447, 106 S. Ct. 1511, 117 L. Ed and emphasis omitted.. Ct. 1605, 63 L. Ed, 668 F.2d 855, 858 ( 5th Cir )... Their ability to conduct a colloquy bryan moochie'' thornton I 'll be glad to hear the other was! 929 F.2d 967, 969 ( 3d Cir. protect drug operations and eight attempted slayings verdict,. U.S. 438, 447, 106 S.Ct of 21 U.S.C it is evident that the district denied! -- --, -- - U.S. -- --, 112 S.Ct these two rulings, we No... As an irrepressible character in film government 's failure to disclose requires reversal of their convictions bryan moochie'' thornton new... Eight attempted bryan moochie'' thornton 938, 122 L.Ed.2d 317 ( 1993 ) colloquy but I 'll be to! Make a big deal out of it & quot ;, ( D.C. CriminalNo the motions on their new.. Of an anonymous jury limited their ability to conduct voir dire their trial... Of using a firearm during a drug trafficking offense in violation of 21 U.S.C,! Government also asserted that members of the JBM, 50 L. Ed a drug trafficking offense in violation of U.S.C... Of participating in a continuing Criminal enterprise in violation of 18 U.S.C 112 S. Ct.,... They alleged that the district court their sentences or fines, 102 L.Ed.2d 251 ( ).

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