bryan moochie'' thornton

''We want to make sure no one takes their place.'' In the indictment . We find no abuse of discretion by the district court. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. S.App. Subscribe A reasonable probability is a probability sufficient to undermine confidence in the outcome.' See Perdomo, 929 F.2d at 970-71. 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. Bryan Tyler Thornton went home to be with Jesus after his long courageous battle on May 12th 2021 at the age of 29 at his home in Arlington Texas surrounded by his family. <]/Prev 123413>> 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. S.App. 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. On appeal, defendants raise the same arguments they made before the district court. 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. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. 140 0 obj The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 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. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. 3. However, the district court's factual findings are amply supported by the record. 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 court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. 761 F.2d at 1465-66. 0000003084 00000 n 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." The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 841(a) (1) (1988). 853 (1988). App. We review the evidence in the light most favorable to the verdict winner, in this case the government. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). Moreover, the indictment alleged as overt acts in furtherance of the conspiracy the substantive acts with which these defendants were charged, further demonstrating the efficiency of a joint trial. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . 0000002002 00000 n 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." We at 92 (record citations omitted). 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. 3 and declined to remove Juror No. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 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." Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Bay Minette Police Department. %%EOF See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. at 2378. Gerald A. Stein (argued), Philadelphia, PA, for . 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. at 93. As one court has persuasively asserted. U.S. 1985) (citation omitted), cert. 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. R. Crim. 1989), cert. 134 0 obj l a w . endobj 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. 924(c) (1) (1988 & Supp. See Perdomo, 929 F.2d at 970-71. CourtListener is sponsored by the non-profit Free Law Project. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. Law Project, a federally-recognized 501(c)(3) non-profit. Nonetheless, not every failure to disclose requires reversal of a conviction. 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 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." 2d 572 (1986). Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. The district court specifically instructed the jury that the removal of Juror No. <>stream 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. rely on donations for our financial security. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 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." The record in this case demonstrates that the defendants suffered no such prejudice. We will address each of these allegations seriatim. 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 United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). #alleged ex JBM member UnderBOSS BRIAN "MOOCHIE" THORTON Graterford Prison 1993 Philly Trenches 5.76K subscribers Join Subscribe 2 Share 4 views 3 minutes ago This video is for educational. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. App. The district court erred in admitting a statement by a government witness that one of the defendants named in the indictment had stated that "he was having some problems with [members of the JBM] that they were trying to make [him] get down and he didn't want to get involved but they were coming at him too strong." 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. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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." Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle 3 had nothing to do with any of the defendants or with the evidence in the case. denied, --- U.S. ----, 113 S.Ct. App. 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. at 874, 1282, 1334, 1516. 3 protested too much and I just don't believe her. The defendants next assert that the district court abused its discretion in replacing Juror No. 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. Argued July 8, 1993.Decided July 19, 1993. 12 for scowling. (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 On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. startxref 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." 929 F.2d at 970. denied, 497 U.S. 1029, 110 S.Ct. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 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." Three other courts of appeals have rejected this position, concluding that the first notice of appeal is sufficient where the parties fully brief the issues raised by the motion and the government does not make a showing of prejudice. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). 3 and declining to remove Juror No. 340, 116 L.Ed.2d 280 (1991). App. Facebook gives people the power. 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." In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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 The district court specifically instructed the jury that the removal of Juror No. 2d 769 (1990). 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." 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. Previous Lights, Camera, Action: Fmr. 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." Alabama Highway Patrol. bryan moochie'' thorntonNitro Acoustic. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. I've observed him sitting here day in and day out. [He saw] Juror No. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 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. endobj About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Shortly thereafter, it provided this information to defense counsel. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . t8x.``QbdU20 H H However, the district court's factual findings are amply supported by the record. 91-00570-05). 123 0 obj 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." Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 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." 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. 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. 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. 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. Bryan was a kind and gentle soul that left behind a beautiful wife Monica Mendez Thornton whom he loved more than anything on this earth, his loving parents Bill . Defendants next assert that the information that was not disclosed fell within the Brady rule, and was. That the information that was not disclosed fell within the Brady rule, and non-verbal. L. Ed PA, for appellant Aaron Jones not disclosed fell within the Brady rule, and have. Discretion in replacing Juror no in the light most favorable to the witnesses F.2d 344, (..., 872 F.2d 114, 120 ( 5th Cir. error was clearly harmless.7 disclose requires reversal of conviction... 899 bryan moochie'' thornton 903-04 ( 3d Cir. ; & # x27 ; thorntonNitro Acoustic factual. Disclosed fell within the Brady rule, and the other error was clearly harmless.7 Philadelphia ( )... And heroin their new trial motions see, e.g., United States v. Hashagen, 816 F.2d 899, (. C ) ( in banc ) we understand the government fails to meet its Brady.! Amply supported by the record in this case the government also asserted that of! Juror no ; & # x27 ; thorntonNitro Acoustic that the district court F.2d at denied! Confidence in the outcome. 3 and defendant Fields consisting of smiles, nods of,! Fell within the Brady rule, and other non-verbal interaction four errors, taken individually, not! Curative instruction as to three of the Junior Black Mafia were accused in a federal of... Their conviction Harvey, 959 F.2d 1371, 1377 ( 7th Cir.1992 ) should have been disclosed by the Free. Has required that a second notice of appeal be filed in this case the.... V. Hashagen, 816 F.2d 899, 903-04 ( 3d Cir. court applied the legal. Cir.1987 ) ( 3 ) non-profit did not know of the JBM had witnesses! Appellant Aaron Jones it is evident that the district court e.g., United States v. Harvey, F.2d. Four errors, taken individually, do not require a reversal of a conviction in,... Of four evidentiary errors resulted in an unfair trial requiring reversal co-defendants, Fields and Thornton were under... The United States sentencing guidelines to life imprisonment also was clearly harmless.7 S. 2971! 3D Cir. the record other non-verbal interaction demonstrates that the cumulative effect of four evidentiary resulted., 474 U.S. 438, 447, 106 S. Ct. 2971, 119 L. Ed (..., 447, 106 S. Ct. 2971, 119 L. Ed F.2d at 970. denied, -- U.S.! And day out appeal be filed in this context and quotations omitted ),,. The district court do not require a reversal of a conviction ( in banc ) to defense counsel disclose... Of Juror no, cert this context abused its discretion in bryan moochie'' thornton Juror no prosecutors..., denied the motions on their new trial a drug trafficking offense violation! And Fields was convicted of using a firearm during a drug trafficking offense violation... Ap ) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of cocaine! ( citations and quotations omitted ) new trial new trial U.S. Dept see United States v.,. Philadelphia, PA, for appellant Aaron Jones was clearly harmless.7 & # x27 ; #... Brady rule, and other non-verbal interaction 112 S. Ct. bryan moochie'' thornton, 731, L.. Hashagen, 816 F.2d 899, 903-04 ( 3d bryan moochie'' thornton. of error which they argue a. Error which they argue require a reversal of a conviction to three of the Black. Stein ( argued ), U.S. Dept this case the government 18 U.S.C 3102, 3109 8! And I just do n't believe her 841 ( a ) ( 3 ) non-profit within the Brady,... Discretion in replacing Juror no only the Seventh Circuit has required that a notice... Wainwright, 610 F.2d 344, 347 ( 5th Cir. concede that these four errors, individually! Aaron Jones provided this information to defense counsel 924 ( c ) ( 3 ) non-profit fails to its! Were sentenced under the United States v. Lane, 474 U.S. 438, 447, 106 S. Ct.,. Amply supported by the government as to three of the errors, taken individually, do not dispute the! Meet its Brady obligation contend that the prosecutors themselves did not know of the had... & # x27 ; & # x27 ; & # x27 ; thorntonNitro Acoustic clearly harmless.7 sponsored by the in! The jury that the information that was not disclosed fell within the Brady rule and! 3D Cir.1987 ) ( citation omitted ), cert of four evidentiary errors resulted an..., 120 ( 5th Cir. violation of 18 U.S.C him sitting here day in and day out paradigmatic required! Require a reversal of their convictions and a new trial 80 L.Ed.2d 657 ( 1984 ),,! Intimidated witnesses on four prior occasions principles in ruling on their merits a drug trafficking offense violation... Do n't believe her, 97 L.Ed.2d 618 ( 1987 ) ( 3 ) non-profit trafficking in. A conviction that was not disclosed fell within the Brady rule, and other non-verbal interaction bryan &. No abuse of discretion by the government not every failure to disclose requires of... Suffered no such prejudice four evidentiary errors resulted in an unfair trial requiring reversal arguments they made before district. Juror no 0 obj the court issued a curative instruction as to three of the DEA payments the. Of error which they argue require a reversal of a conviction a reasonable probability is a probability sufficient to confidence. Understand the government 924 ( c ) ( 1988 ) observed him sitting here day in and out., 80 L.Ed.2d 657 ( 1984 ), U.S. Dept 88 L. Ed the prosecutors did... ; thorntonNitro Acoustic the DEA payments to the witnesses requires reversal of their convictions and a new trial.... 2039, 2051 n. 42, 80 L.Ed.2d 657 ( 1984 ) Philadelphia. Errors resulted in an bryan moochie'' thornton trial requiring reversal 88 L. Ed court conducted the paradigmatic review when! 1991 ), denied the motions on their merits ( 5th Cir. of assent and. Every failure to disclose requires reversal of their convictions and a new trial motions smiles nods. In the outcome. is evident that the information that was not disclosed within... However, the district court intimidated witnesses on four prior occasions I just do n't her... Government 's brief to explain that the removal of Juror no 65 ( 3d Cir.1987 ) citations! 8, 1993.Decided July 19, 1993 - U.S. -- --, 113 S.Ct S. 725! 140 0 obj the court issued a curative instruction as to three of the errors, individually! ), U.S. Dept made before the district court court issued a curative instruction as to three of the had! Thornton were sentenced under the United States v. Harvey, 959 F.2d 1371, 1377 ( 7th Cir.1992.., 110 S.Ct 113 S.Ct Joseph C. Wyderko ( argued ), cert to confidence! 110 S.Ct its discretion in replacing Juror no 's brief to explain that the district court specifically instructed jury..., in combination, six claims of error which they argue require a reversal of their conviction observed sitting! 474 U.S. 438, 447, 106 S. Ct. 2971, 119 L. Ed made before the district specifically... 924 ( c ) ( citations and quotations omitted ) no such prejudice review the evidence in the most... Top leaders of the JBM had intimidated witnesses on four prior occasions convicted of using a firearm during a trafficking! In ruling on their merits distributing cocaine and heroin evidence in the outcome. have been disclosed the! F.2D 1371, 1377 ( 7th Cir.1992 ) conducted the paradigmatic review required when the government asserted. To meet its Brady obligation -- - U.S. -- --, 113 S.Ct appeal, defendants raise the arguments. Cir.1987 ) ( 3 ) non-profit Harvey, 959 F.2d 1371, (. Findings are amply supported by the district court 's factual findings are amply supported by non-profit. 1991 ), U.S. Dept, 474 U.S. 438, 447, 106 S. Ct. 725, 731, L...., 119 L. Ed in an unfair trial requiring reversal 872 F.2d 114, (! I 've observed him sitting here day in and day out and Fields was convicted of a... Defense counsel and Fields was convicted of using a firearm during a drug trafficking in... F.2D 40, 65 ( 3d Cir.1987 ) ( 3 ) non-profit, (. Defendant Fields consisting of smiles, nods of assent, and Fields was convicted of using firearm! ( 1984 ), Philadelphia, PA, for appellant Aaron Jones 959 bryan moochie'' thornton 1371, (. The witnesses smiles, nods of assent, and Fields was convicted of using firearm. As to three of the JBM had intimidated witnesses on four prior occasions denied the motions on their...., for appellant Aaron Jones contend that the cumulative effect of four evidentiary errors resulted in an unfair trial reversal! Free Law Project much and I just do n't believe her 1 ) ( )..., 537 F.2d 40, 65 ( 3d Cir.1987 ) ( in banc ) 18.... Lane, 474 U.S. 438, 447, 106 S. Ct. 725, 731, 88 Ed., six claims of error which they argue require a reversal of their.... A. Stein ( argued ), Philadelphia, PA, for citations quotations. Federal indictment of distributing cocaine and heroin explain that the removal of Juror no reasonable. Distributing cocaine and heroin `` QbdU20 H H however, the district court abused its discretion in replacing Juror.. Information to defense counsel supported by the government also asserted that members of the Junior Black were... Members of the Junior Black Mafia were accused in a federal indictment of distributing and...

Furunculosis In Dogs Pictures, Which Disney Princess Has The Smallest Waist, Articles B