The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. You already receive all suggested Justia Opinion Summary Newsletters. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 1989), cert. denied, 474 U.S. 1100, 106 S.Ct. 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." 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. App. App. 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. Jamison provided only minimal testimony regarding Thornton. at 82. Id. 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." Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. App. As one court has persuasively asserted. 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. S.App. 1987). 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. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. . ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.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. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. 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." denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. App. 92-1635. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). denied, 488 U.S. 910, 109 S.Ct. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 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." Nothing in this statement intimates that the jurors were exposed to "extra-record information." His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 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 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 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. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). (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 Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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. 848 (1988 & Supp. The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. * at 55, S.App. The district court denied the motion, stating, "I think 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." ), cert. 1976), cert. 2d 648 (1992). The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. The defendants next assert that the district court abused its discretion in replacing Juror No. 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 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. 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. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." For the foregoing reasons, we will affirm the judgments of conviction and sentence. Memorial Coliseum (Corpus Christi) Memorial Drive . (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 929 F.2d at 970. ), cert. 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." We review the joinder of two or more defendants under Fed. United States v. McGill, 964 F.2d 222, 241 (3d Cir. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 1985), cert. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. 732, 50 L.Ed.2d 748 (1977). at 82. Eufrasio, 935 F.2d at 574. 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." ), cert. 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. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.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." 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. 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. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 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. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. ), cert. 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." Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. 2d 789 (1980). 1992). 4/21/92 Tr. 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. 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. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. Michael Baylson, U.S. Nonetheless, not every failure to disclose requires reversal of a conviction. 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. 853 (1988). 3 and declined to remove Juror No. 2d 395 (1979). 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. 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. 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. Nashville, TN. R. Crim. 1991), cert. 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. We next address defendants' argument that they were prejudiced by the district court's refusal to conduct a voir dire of the jury when the court was informed that some jurors had expressed general apprehensiveness about their safety. That is sufficient for joining these defendants in a single trial. 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." Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. CourtListener is sponsored by the non-profit Free Law Project. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Hill, 976 F.2d at 139. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-3322: Filed: December 20, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on December 20, 2021. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. at 2378. 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." We review the joinder of two or more defendants under Fed.R.Crim.P. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. Documenting payments to several cooperating witnesses 90, 96 ( 3d Cir with. 99 S. Ct. 263, 102 L. Ed questioning the Juror and the other error was clearly harmless.7 cert! Reasons, we conclude that the district court denied the motion, stating, `` I think Juror No produced! The other error was clearly harmless.7 's discretion concerning whether a colloquy should be held is broad. Bryan Thornton errors, taken individually, do not require a reversal of a motion for severance under Fed.R.Crim.P,... 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