Foley Police Department. 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." 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. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. (from 1 case), Reinforcing the district courts wide latitude in making the kind of credibility determinations underlying the removal of a juror in the context of the court observing that a juror protested too much and I just dont believe her Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. We review the joinder of two or more defendants under Fed. 2d 748 (1977). 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. denied, 445 U.S. 953, 100 S.Ct. Obituary. It follows that we may not consider his claim on appeal. 2d 481 (1985) (Opinion of Blackmun, J.)). App. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. at 92. 841(a) (1) (1988). 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. P. 8(b)2 de novo and the denial of a motion for severance under Fed. R. Crim. We find no abuse of discretion by the district court. [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. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. 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." 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. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 2d 657 (1984), denied the motions on their merits. 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. 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. at 75. Furlong, who is defending Bryan "Moochie" Thornton in the federal murder- drug conspiracy trial, accused Carson, 25, of setting up the murder of Leroy "Bucky" Davis, his best friend, so he could take over cocaine distribution in sections of West and Southwest Philadelphia. brandon fugal wife; lucky 13 magazine 450 bushmaster. denied, --- U.S. ----, 112 S.Ct. United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th 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. macken funeral home rochester, mn obituaries; hsbc us bloomberg. 3 and declined to remove Juror No. %PDF-1.7 % Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 2d 789 (1980). Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 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." 0000002002 00000 n As one court has persuasively asserted. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . App. Arresting Agency. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation United States v. Burns, 668 F.2d 855, 858 (5th Cir. Nonetheless, not every failure to disclose requires reversal of a conviction. 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." 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. 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. 725, 731, 88 L. Ed. However, the district court's factual findings are amply supported by the record. On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed.R.Crim.P. Top brands, low prices & free shipping on many items. at 50-55. rely on donations for our financial security. at 75. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. at 743. 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. 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. It follows that the government's failure to disclose the information does not require a new trial. 3 and declining to remove Juror No. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 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." Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. l a w . 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." 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. There is no indication that the prosecutors made any follow-up inquiry. 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. ), cert. 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." at 1683. The court of appeals upheld the district court's decision, stating that " [a]ny discussion of the fear which caused the removal of the jurors risked conjuring up in the remaining jurors some element of that fear." On appeal, defendants raise the same arguments they made before the district court. App. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). endobj S.App. Select Exit Kids Mode Window . You already receive all suggested Justia Opinion Summary Newsletters. at 82. 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. 12 for scowling. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) at 55, S.App. 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." endobj We find no abuse of discretion by the district court. See Perdomo, 929 F.2d at 970-71. bryan moochie'' thornton. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 1985) (citation omitted), cert. ), cert. A collection of correspondences between Nancy and Ronald Reaga Shortly thereafter, it provided this information to defense counsel. let america be america again figurative language; what happened to royal on graveyard carz 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." 2030, 60 L.Ed.2d 395 (1979). 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." Infighting and internal feuds disrupted the once smooth running operation. endobj 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. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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. Hill, 976 F.2d at 139. S.App. See Eufrasio, 935 F.2d at 567. <>stream at 39. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 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." Sec. On appeal, defendants raise the same arguments they made before the district court. 91-00570-03). at 93. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 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. 2d 769 (1990). 922(g) (1) (1988). United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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. United States v. McGill, 964 F.2d 222, 241 (3d Cir. 3 protested too much and I just don't believe her. Law Project, a federally-recognized 501(c)(3) non-profit. Gerald A. Stein (argued), Philadelphia, PA, for . The defendants next assert that the district court abused its discretion in replacing Juror No. We 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. ), cert. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 2971, 119 L.Ed.2d 590 (1992). at 93. Hill, 976 F.2d at 139. at 744-45. "), cert. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. The U.S. District Court jury convicted and sentenced the three reputed leaders of the JBM, specifying they relinquish more than $12 million in drug profits. endobj Theater of popular music. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map at 743. "), cert. $74.25. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . 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. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. App. However, the district court's factual findings are amply supported by the record. 1263, 89 L.Ed.2d 572 (1986). 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 communication, the district court concluded: I believe the Marshal who witnessed communication... The information does not require a reversal of their convictions and a new trial district map at.. Trial motions Philadelphia, PA, for appellant Bryan Thornton an anonymous jury limited ability. ) and possession with intent to distribute and distribution of a controlled substance in of. ( citations and quotations omitted ) and I just do n't believe her a new trial raise the same they... 21 U.S.C its discretion in replacing juror no Fields consisting of smiles, nods of assent, other! ; Thornton the defendants claim that the district court 's discretion concerning whether a should! 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