2030, 60 L.Ed.2d 395 (1979). 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. 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. . 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. We will address each of these allegations seriatim. at 55, S.App. denied, --- U.S. ----, 113 S.Ct. 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Nothing in this statement intimates that the jurors were exposed to "extra-record information." 935 F.2d at 568. Bryan is a Certified Information Systems Security Professional as well as an EnCase Certified Examiner. 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. What does your number mean? 91-00570-03). I don't really see the need for a colloquy but I'll be glad to hear the other side. 2-91-cr-00570-003. Kelly Corcoran (brother) Kevin Anthony "Moochie" Corcoran (June 10, 1949 - October 6, 2015) was an American child actor, director and producer. . Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. ), cert. 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." See Eufrasio, 935 F.2d at 567. P. 8(b)2 de novo and the denial of a motion for severance under Fed. at 744-45. 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. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. Account & Lists Returns & Orders. 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. Eufrasio, 935 F.2d at 574. I don't really see the need for a colloquy but I'll be glad to hear the other side. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 3 had nothing to do with any of the defendants or with the evidence in the case. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Get this Philadelphia Daily News page for free from Tuesday, April 7, 1992 about almost monthly runs to Florida for purchases by Kitty Caparella Daily News Staff Writer Two witnesses said . Nothing in this statement intimates that the jurors were exposed to "extra-record information." 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 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. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. 2971, 119 L.Ed.2d 590 (1992). 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). denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. Id. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 91-00570-05), 1 F.3d 149 (3d Cir. 929 F.2d at 970. ), cert. 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 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. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. 3582(c)(2). App. 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. 1987). You already receive all suggested Justia Opinion Summary Newsletters. 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. 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 joinder of two or more defendants under Fed. 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. 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. 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. The Rule states in relevant part: "A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case." Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Memorial Coliseum (Corpus Christi) Memorial Drive . 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. 2d 648 (1992). Michael Baylson, U.S. This site is protected by reCAPTCHA and the Google. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 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." 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. 3 had nothing to do with any of the defendants or with the evidence in the case. We review the evidence in the light most favorable to the verdict winner, in this case the government. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). 2d 792 (1990). App. 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." Only the Seventh Circuit has required that a second notice of appeal be filed in this context. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-2857: Filed: October 6, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: Opinions. "), cert. Nashville, TN. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. 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. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). We 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." Jamison did not implicate Thornton in any specific criminal conduct. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. (from 1 case). Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. 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." The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 91-00570-03. denied, --- U.S. ----, 112 S.Ct. Id. 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. 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 government also asserted that members of the JBM had intimidated witnesses on four prior occasions. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Mar 2005 - Present17 years 6 months. 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." 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. Argue require a reversal of their convictions and a new trial motions 'll... 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