", 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. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 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. 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. $74.25. Shortly thereafter, it provided this information to defense counsel. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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. 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 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. 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." 753, 107 L.Ed.2d 769 (1990). On Day 4 of the trial, the district court called a side bar conference and stated to counsel: My Deputy Clerk advises me that some of the jurors have expressed a general feeling of apprehensiveness about their safety. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 929 F.2d at 970. 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. 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. 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. 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." endobj 3 had nothing to do with any of the defendants or with the evidence in the case. 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. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> bryan moochie'' thornton Tatko na pesmaricu. 2d 590 (1992). Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 2d 648 (1992). 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 defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 933, 938, 122 L.Ed.2d 317 (1993). Obituary. 92-1635. 130 0 obj 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. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. It follows that we may not consider his claim on appeal. (from 1 case). at 49. 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." A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). at 92. App. Player Combine on April 11; Live Draft Airing April 12 on FS1. Nonetheless, not every failure to disclose requires reversal of a conviction. In order for the coconspirator exception to the hearsay rule to apply, the declarant must be a member of the conspiracy at the time the statement is uttered. 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." 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. 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." App. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. at 2378. e d u / t h i r d c i r c u i t _ 2 0 2 2 / 5 9 1)/Rect[72.0 142.9906 354.085 154.7094]/StructParent 8/Subtype/Link/Type/Annot>> As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." Bay Minette Police Department. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. denied, 497 U.S. 1029, 110 S.Ct. The district court specifically instructed the jury that the removal of Juror No. 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." United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Jamison provided only minimal testimony regarding Thornton. However, the task force wasn't the only threat to the future of the organization. endobj 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. 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. at 93. endstream PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. 0000000676 00000 n
0000002533 00000 n
Previous Lights, Camera, Action: Fmr. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 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. 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. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Between 1956 and 1960, Corcoran played several different (but similar) characters, each bearing the nickname "Moochie". 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." Gerald A. Stein (argued), Philadelphia, PA, for . 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. denied, 474 U.S. 1100, 106 S.Ct. at 82. 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. at 75. (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 After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. As one court has persuasively asserted. 0000005239 00000 n
App. Sec. Address 701 E. Parkcenter Blvd. You can explore additional available newsletters here. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 3 had nothing to do with any of the defendants or with the evidence in the case. 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. App. [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. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. 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. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 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. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. Id. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. We review the joinder of two or more defendants under Fed. 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. 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