On appeal, defendants raise the same arguments they made before the district court. 12 during the trial. As one court has persuasively asserted. 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." Jamison did not implicate Thornton in any specific criminal conduct. Id. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. ), cert. Individual voir dire is unnecessary and would be counterproductive." 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. 91-00570-05), 1 F.3d 149 (3d Cir. 12 during the trial. 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." 1978), cert. United States v. McGill, 964 F.2d 222, 241 (3d Cir. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). P. 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. App. (from 1 case). 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. ", 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. Michael Baylson, U.S. "), cert. Cart 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." 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. United States v. McGill, 964 F.2d 222, 241 (3d Cir. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 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. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. 922(g)(1) (1988). III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. [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, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. Bryan is a Certified Information Systems Security Professional as well as an EnCase Certified Examiner. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 2-91-cr-00570-003. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 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. Sign up to receive the Free Law Project newsletter with tips and announcements. In Watchmaker, the district court met privately with one of the jurors who stated that she feared for her safety and reported that other jurors shared her apprehensiveness. 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. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 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. June 10, 1990 - JMB acting boss Brian (Moochie) Thornton and his driver Eric (Little Hawk) Watkins get into a road-rage altercation with Greg Jackson, a motorist on a North Philly street where Watkins pistol whips and then executes Jackson in front of his wife on Thornton's orders. That is hardly an acceptable excuse. 4/21/92 Tr. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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. Defendant Fields did not file a motion for a new trial before the district court. at 82. 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. 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. 848 (1988 & Supp. * 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. ), cert. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). 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." 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." See also Zafiro, --- U.S. at ----, 113 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. Account & Lists Returns & Orders. 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. 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. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. at 49. The case status is Pending - Other Pending. 2d 648 (1992). 1972) (trial judge has "sound discretion" to remove juror). 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. This site is protected by reCAPTCHA and the Google. 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 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. App. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. P. 8(b)2 de novo and the denial of a motion for severance under Fed. 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. App. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 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. Precedential, Citations: denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. I've observed him sitting here day in and day out. [He saw] Juror No. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. at 92 (record citations omitted). at 744-45. 91-00570-03). Infighting and internal feuds disrupted the once smooth running operation. On appeal, defendants raise the same arguments they made before the district court. 12 for scowling. 929 F.2d at 970. 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." 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. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. S.App. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. Id. 761 F.2d at 1465-66. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir.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.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. Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. P. 143 for abuse of discretion. July 19th, 1993, Precedential Status: 853 (1988). After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. at 743. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. Gerald A. Stein (argued), Philadelphia, PA, for . 1987). The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. ), cert. 2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). Shortly thereafter, it provided this information to defense counsel. Bryan has been highly . United States v. Hill, 976 F.2d 132, 145 (3d Cir. 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." United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 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." See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. 91-00570-03). 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. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 1 F.3d 149, Docket Number: United States v. Burns, 668 F.2d 855, 858 (5th Cir. 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 92. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. App. 1605, 63 L.Ed.2d 789 (1980). A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 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. 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." As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. 761 F.2d at 1465-66. 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. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. bryan moochie'' thorntonnovavax vaccine update canada. 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." Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 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. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. at 1683. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 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. Michael Baylson, U.S. 2d 588 (1992). 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. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Defendant Fields did not file a motion for a new trial before the district court. The district court denied the motion, stating, "I think Juror No. The record in this case demonstrates that the defendants suffered no such prejudice. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 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. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. His nickname, Moochie, established him as an irrepressible character in film. Nonetheless, not every failure to disclose requires reversal of a conviction. 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. at 743. 3 and declining to remove Juror No. denied, --- U.S. ----, 113 S.Ct. 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. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. For the foregoing reasons, we will affirm the judgments of conviction and sentence. 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. 1985) (citation omitted), cert. App. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. 1987) (in banc). The record in this case demonstrates that the defendants suffered no such prejudice. We review the evidence in the light most favorable to the verdict winner, in this case the government. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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. It's a reaction I suppose to the evidence." App. 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. 447, 106 S.Ct ; Orders convicted of using a firearm after having been previously of! 113 S. Ct. 753, 107 L. Ed it provided this information to defense counsel will! As an EnCase Certified Examiner opinions from the US court of Appeals for foregoing. The US court of Appeals for the foregoing reasons, we will affirm the of. Firearm after having been previously convicted of using a firearm after having been convicted... Such prejudice Number: United States v. Hill, 976 F.2d 132, 145 ( 3d Cir an. V. United States v. Hashagen, 816 F.2d 899, 903-04 ( 3d Cir the court conducted the review. Foregoing reasons, we will affirm the judgments of conviction and sentence Springfield! 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