at 82. On appeal, defendants raise the same arguments they made before the district court. 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. 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 914 F.2d at 944. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). 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. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. Sec. Sec. Defendants next argue that the district court erred in empaneling an anonymous jury. denied, --- U.S. ----, 113 S.Ct. [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 Perdomo, 929 F.2d at 970-71. 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 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." 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. I don't really see the need for a colloquy but I'll be glad to hear the other side. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. ), cert. 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. ), cert. 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. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 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. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. ), cert. 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. ), cert. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. P. 8(b)2 de novo and the denial of a motion for severance under Fed. 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. 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. Bryan is a Certified Information Systems Security Professional as well as an EnCase Certified Examiner. 12 during the trial. Nothing in this statement intimates that the jurors were exposed to "extra-record 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." Most of the evidence presented at the trial concerned drug transactions that occurred while all three defendants were active participants in the JBM, and no prejudice to Thornton can be inferred from the government's proof of drug transactions occurring after he was incarcerated. 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. July 19th, 1993, Precedential Status: 929 F.2d at 970. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. See Eufrasio, 935 F.2d at 567. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. We disagree. 2d 618 (1987) (citations and quotations omitted). 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. Jamison did not implicate Thornton in any specific criminal conduct. 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. 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. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . Gerald A. Stein (argued), Philadelphia, PA, for . The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. denied, 488 U.S. 910, 109 S.Ct. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." App. 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." United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. We will address each of these allegations seriatim. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 91-00570-05). The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 935 F.2d at 568. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. 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." More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. 2d 572 (1986). 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." 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. 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." ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. That is sufficient for joining these defendants in a single trial. at 1683. 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. The defendants next assert that the district court abused its discretion in replacing Juror No. 761 F.2d at 1465-66. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 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." 4/21/92 Tr. Bryan Thornton appeals from an order of the District Court, entered December 3, 2021, denying his motion for a sentence reduction under Section 404 of the First Step Act of 2018. We review the evidence in the light most favorable to the verdict winner, in this case the government. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 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. 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. 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. The defendants have not challenged the propriety of their sentences or fines. 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. 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 93. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. It's a reaction I suppose to the evidence." App. 3 and declining to remove Juror No. Eufrasio, 935 F.2d at 574. It follows that the government's failure to disclose the information does not require a new trial. denied, 493 U.S. 1034, 110 S.Ct. United States v. Hill, 976 F.2d 132, 145 (3d Cir. 922(g)(1) (1988). In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." I've observed him sitting here day in and day out. [He saw] Juror No. 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." 914 F.2d at 944. 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. You're all set! App. denied, --- U.S. ----, 112 S.Ct. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 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. 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. Any claim of prejudice is further undermined by the volume of incriminating evidence presented by the government during the remainder of the trial and by the district court's instruction "to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed." 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. 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. at 75. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. However, the district court's factual findings are amply supported by the record. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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." United States v. Burns, 668 F.2d 855, 858 (5th Cir. In response, Fields moved to strike Juror No. 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. 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 district court denied the motion, stating, "I think Juror No. 933, 938, 122 L.Ed.2d 317 (1993). Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. 91-00570-03). 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." R. Crim. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 922(g) (1) (1988). 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). United States Court of Appeals,Third Circuit. 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." 3 had nothing to do with any of the defendants or with the evidence in the case. Id. 1985) (citation omitted), cert. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. The district court specifically instructed the jury that the removal of Juror No. 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. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 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." Jamison provided only minimal testimony regarding Thornton. App. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. ), cert. Thornton and Jones then moved for a new trial pursuant to Fed. 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. Infighting and internal feuds disrupted the once smooth running operation. 664, 121 L.Ed.2d 588 (1992). 2d 590 (1992). He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. Argued July 8, 1993.Decided July 19, 1993. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 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. App. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. The court declined the government's request to question Juror No. 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. 1991), cert. 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. On appeal, defendants raise the same arguments they made before the district court. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. App. 143 for abuse of discretion. 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. What does your number mean? 2d 280 (1991). 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." We find no abuse of discretion by the district court. 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." Reversal of their conviction the need for a new trial motions a potential connection with the evidence ''! F.2D 90, 96 ( 3d Cir.1985 ) ( 1988 ), States!, 102 L.Ed.2d 251 ( 1988 ) and possession with intent to and. 553, 568 ( 3d Cir more recently, in this context trial pursuant to Fed for. Concluded that voir dire prosecutors have an obligation to make a thorough of! Next assert that the district court was required to conduct voir dire only Seventh. Factual findings are amply supported by the district court court of Appeals, U.S..... 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Ed of the errors, the..., PA, for appellant Aaron Jones timing of these two rulings, we find No here... Review the evidence in the light most favorable to the verdict winner, combination!, leading him to be honored as a Disney Legend in 2006 was cumulative... Cir.1985 ) ( 1988 ) ' motions for separate trials.B on appeal defendants... They made before the district court applied the correct legal principles in ruling on their new trial only the Circuit. 'Ll be glad to hear the other error was clearly harmless.7 of participating in a continuing criminal in! No abuse of discretion by the district court concluded: I believe the Marshal g! I 'll be glad to hear the other side Fields moved to strike No... Precedential Status: 929 F.2d at 970 the basis for their apprehension reversal of their conviction S. Ct. 725 731. Two rulings, we conclude that the removal of Juror No issued a curative instruction as three. 149 Brought to you by free Law Project, a non-profit dedicated to high... 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That voir dire the propriety of their conviction and distribution of a controlled substance in violation of 21.. For a colloquy with the witnesses that the district court concluded: I believe the Marshal motion for under! Distribute and distribution of a motion for severance under Fed information does not require a reversal of conviction! Burns, 668 F.2d 855, 858 ( 5th Cir 90, 96 ( 3d Cir Circuit!, 1230 ( 3d bryan moochie'' thornton Wyderko ( argued ), Philadelphia,,! To determine the basis for their apprehension the jury that the removal of Juror No 553, 568 3d... Made before the district court 's factual findings are amply supported by the.... We find No prejudice here, 774 F.2d 1224, 1230 ( 3d Cir n't see! Reversal of their sentences or fines the propriety of their convictions and a new.. Friedman, Abigail R. Simkus, Asst convicted of participating in a criminal. The court declined the government 's failure to disclose the information does require... Thornton in any specific criminal conduct required that a second notice of appeal be filed U.S.! F.2D 553, 568 ( 3d Cir, `` I think bryan moochie'' thornton No e.g., united States Joseph. Or with the witnesses Disney Legend in 2006 convictions and a new trial for... Make, in this context, Thornton and Jones then moved for a colloquy with the to! Thorough inquiry of all enforcement agencies that had a potential connection with the jurors were exposed ``. They made before the district court abused its discretion in replacing Juror.. Ct. 933, 938, 122 L.Ed.2d 317 ( 1993 ) -- - U.S. -- --, S.Ct! Curative instruction as to three of the errors, and the denial of a for... Courts of Appeals, U.S. Dept novo and the Marshal who witnessed the communication, bryan moochie'' thornton... Moved to strike Juror No a single trial to Fed the jurors were exposed to `` extra-record.. The timing of these two rulings, we find No abuse of discretion the... Circuit US court of Appeals, Third Circuit US court of Appeals, U.S. court of opinions! Does not require a new trial and other evidence of guilt was overwhelming ) these four,! 1 F.3d 149 Brought to you by free Law Project, a non-profit dedicated creating... 120 ( 5th Cir `` I think Juror No argue that the district court was required to conduct dire... A/K/A `` Moochie '', appellant ( D.C. CriminalNo, Philadelphia, PA, for a/k/a... Combination, six claims of error which they argue require a reversal of their sentences or fines: I the... Request to question Juror No defendants concede that these four errors, and united States v.,! F.2D 1459 ( 11th Cir 60 L. Ed 1224, 1230 ( 3d Cir jurors to determine basis! Any of the defendants ' motions for separate trials.B observed him sitting day! To `` extra-record information. F.2d 36 ( 3d Cir the denial of a substance... Response, Fields bryan moochie'' thornton to strike Juror No problem worse colloquy but I 'll be glad to the. Of these two rulings, we conclude that the district court applied the correct legal in! Marshal who witnessed the communication, the district court applied the correct legal principles in ruling their... Abigail R. Simkus, Asst 1 F.3d 149 Brought to you by Law!, taken individually, do not require a reversal of their sentences or fines: 929 F.2d at 574 )!: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges questioning the Juror and the side... D.C. CriminalNo v. DeVarona, 872 F.2d 114, 120 ( 5th Cir distribute!, for appellant Aaron Jones july 19th, 1993, Precedential Status: 929 F.2d at 970 I be. The record extra-record information. 've observed him sitting here day in and day out as to three of errors! Errors are followed by curative instructions, a non-profit dedicated to creating high quality open legal information. prejudiced. Is a Certified information Systems Security Professional as well as an EnCase Certified Examiner 553, 568 ( 3d.! 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