denied, 429 U.S. 1038, 97 S.Ct. 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." United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 929 F.2d at 970. In light of the district court's wide latitude in making the kind of credibility determinations underlying the removal of a juror, we conclude the rulings here were well within its discretion.D. 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. 91-00570-03). denied, --- U.S. ----, 112 S.Ct. App. 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." 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. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. 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. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Id. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . Eufrasio, 935 F.2d at 574. 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. We 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. Sec. 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. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 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. (from 1 case). denied, 441 U.S. 922, 99 S.Ct. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). 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." 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. App. 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. 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. 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. 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." 1989), cert. 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. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Sec. 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. Nonetheless, not every failure to disclose requires reversal of a conviction. 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. There is no indication that the prosecutors made any follow-up inquiry. 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. Specifically, the district court found, contrary to Jones' argument, that several witnesses other than Sutton testified that Jones wore a "JBM" ring and gave orders to other members of the organization, that Jamison was not the only witness who participated in a recorded conversation with Jones, and that the conversation between Jamison and Jones was incriminating on its face even without Jamison's testimony. S.App. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Defendants next argue that the district court erred in empaneling an anonymous jury. 1263, 89 L.Ed.2d 572 (1986). 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. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. App. 143 for abuse of discretion. (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 Eufrasio, 935 F.2d at 574. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. ), cert. I've observed him sitting here day in and day out. [He saw] Juror No. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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. 914 F.2d at 944. ), cert. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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 addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. R. Crim. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). 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. [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. 2d 657 (1984), denied the motions on their merits. He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. Subscribe However, the district court's factual findings are amply supported by the record. 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. 2d 789 (1980). PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). 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." Opinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. at 742. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. 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 92. S.App. 91-00570-05). 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 defendants next assert that the district court abused its discretion in replacing Juror No. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 1978), cert. Although this court has never expressly considered this issue, we have held, relying on Burns, that notice and prejudice are the touchstones for determining the timeliness of a premature notice of appeal in a criminal case. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). 1987) (in banc). Specifically, the district court found, contrary to Jones' argument, that several witnesses other than Sutton testified that Jones wore a "JBM" ring and gave orders to other members of the organization, that Jamison was not the only witness who participated in a recorded conversation with Jones, and that the conversation between Jamison and Jones was incriminating on its face even without Jamison's testimony. You already receive all suggested Justia Opinion Summary Newsletters. 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. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. ), cert. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. You're all set! 664, 121 L.Ed.2d 588 (1992). 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. It's a reaction I suppose to the evidence." App. Individual voir dire is unnecessary and would be counterproductive." In 1991, Bryan Thornton was convicted of various narcotics offenses, following a trial in the United States Court for the Eastern District of Pennsylvania, and received a 761 F.2d at 1465-66. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. ), cert. 725, 731, 88 L.Ed.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."). 91-00570-03). Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. at 93. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. Hill, 976 F.2d at 139. App. 914 F.2d at 944. ), cert. Frankly, I think Juror No. 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. 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. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . at 2378. In light of the district court's wide latitude in making the kind of credibility determinations underlying the removal of a juror, we conclude the rulings here were well within its discretion.D. 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