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." 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. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. ), cert. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 1989), cert. We disagree. 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. We will address each of these allegations seriatim. Sec. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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. denied, --- U.S. ----, 112 S.Ct. brandon fugal wife; lucky 13 magazine 450 bushmaster. 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. at 93. Id. 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. Eufrasio, 935 F.2d at 574. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] 1511, 117 L.Ed.2d 648 (1992). ("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. 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. That is hardly an acceptable excuse. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. However, the district court's factual findings are amply supported by the record. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. denied, 493 U.S. 1034, 110 S.Ct. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. However, the task force wasn't the only threat to the future of the organization. at 93. 933, 938, 122 L.Ed.2d 317 (1993). Individual voir dire is unnecessary and would be counterproductive." For the foregoing reasons, we will affirm the judgments of conviction and sentence. It follows that we may not consider his claim on appeal. 0000000676 00000 n Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 3 protested too much and I just don't believe her. Phone (208) 381-6500 Fax (208) 381-6505 About Thornton E. Bryan III Biography Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. 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. 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. 1972) (trial judge has "sound discretion" to remove juror). The district court denied the motion, stating, "I think Juror No. 0000001005 00000 n 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. 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. denied, --- U.S. ----, 112 S.Ct. e d u / t h i r d c i r c u i t _ 2 0 2 2)/Rect[230.8867 210.4406 492.0049 222.1594]/StructParent 7/Subtype/Link/Type/Annot>> denied, 497 U.S. 1029, 110 S.Ct. 1605, 63 L.Ed.2d 789 (1980). Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 124 0 obj 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. at 2378. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). App. U.S. S.App. l a w . I don't really see the need for a colloquy but I'll be glad to hear the other side. 1985) (citation omitted), cert. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. Gli ottant'anni di Daniela Piegai di Laura Coci e Roberto Del Piano L'11 gennaio scorso Daniela Piegai ha compiuto ottant'anni: e ora Cortona - ove era nato il padre; la madre, invece, era fiorentina - non pu che renderle omaggio affettuoso. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 0000003533 00000 n 848 (1988 & Supp. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> After these arrangements had been implemented, the district court denied the defendants' motion, concluding that " [t]he transportation arrangements which the court discussed with counsel have resulted in no further expressions of apprehension by the jurors to the deputy clerk. 914 F.2d at 944. at 50-55. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 3 and declined to remove Juror No. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. App. 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. Sec. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. This site is protected by reCAPTCHA and the Google. Id. 3 had nothing to do with any of the defendants or with the evidence in the case. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. v i l l a n o v a . how to get to quezon avenue mrt station Uncovering hot babes since 1919. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 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." at 93. 140 0 obj denied, --- U.S. ----, 113 S.Ct. (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 R. Crim. Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. Sec. 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. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> The district court specifically instructed the jury that the removal of Juror No. denied, --- U.S. ----, 112 S.Ct. 12 during the trial. 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. In response, Fields moved to strike Juror No. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. endobj App. endobj A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 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. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. <>stream See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). 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." 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. endstream On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 0000001506 00000 n 12 during the trial. 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. Government 's brief to explain that the cumulative effect of four evidentiary errors resulted in an unfair trial reversal... Harvey, 959 F.2d 1371, 1377 ( 7th Cir 1972 ) trial... 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