The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. at 874, 1282, 1334, 1516. Bryan has been highly . 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). ''We want to make sure no one takes their place.'' In the indictment . 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. 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. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 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." 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. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 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. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. 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. at 744-45. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. Get this Philadelphia Daily News page for free from Tuesday, April 7, 1992 about almost monthly runs to Florida for purchases by Kitty Caparella Daily News Staff Writer Two witnesses said . 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. 91-00570-03). 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. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. CourtListener is sponsored by the non-profit Free Law Project. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 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." 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. 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. Frankly, I think Juror No. 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. (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 " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. Id. 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. at 93. Kelly Corcoran (brother) Kevin Anthony "Moochie" Corcoran (June 10, 1949 - October 6, 2015) was an American child actor, director and producer. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. Hill, 976 F.2d at 139. We disagree. 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." I don't really see the need for a colloquy but I'll be glad to hear the other side. Memorial Coliseum (Corpus Christi) Memorial Drive . Jamison provided only minimal testimony regarding Thornton. Bucky was. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 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. It's a reaction I suppose to the evidence." App. 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." Filed: See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 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. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. ("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. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. denied, 445 U.S. 953, 100 S.Ct. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." ), cert. 848 (1988 & Supp. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. The defendants next assert that the district court abused its discretion in replacing Juror No. 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. Jones eventually avenged Bucky's murder by ordering the execution of Bruce Kennedy, another JBM member who was the cousin of Bucky's suspected killer, fellow JBM boss Bryan "Moochie" Thornton, a. Nashville, TN. App. 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." 2d 280 (1991). denied, 429 U.S. 1038, 97 S.Ct. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). 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." Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. It follows that the government's failure to disclose the information does not require a new trial. 1987). 753, 107 L.Ed.2d 769 (1990). 761 F.2d at 1465-66. 1987) (in banc). 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. 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. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. 3 and declining to remove Juror No. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. See Perdomo, 929 F.2d at 970-71. We 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." United States v. McGill, 964 F.2d 222, 241 (3d Cir. The defendants have not challenged the propriety of their sentences or fines. denied, --- U.S. ----, 113 S.Ct. 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." App. Net Reaction. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. The case status is Pending - Other Pending. That is sufficient for joining these defendants in a single trial. In response, Fields moved to strike Juror No. As one court has persuasively asserted. 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. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 3582(c)(2). Shortly thereafter, it provided this information to defense counsel. "), cert. 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 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. 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. 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. 922(g) (1) (1988). 4/21/92 Tr. United States v. Hill, 976 F.2d 132, 145 (3d Cir. Law Project, a federally-recognized 501(c)(3) non-profit. It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 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." 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." Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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. 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." 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. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. denied, 475 U.S. 1046, 106 S.Ct. at 1683. Bryan is a Certified Information Systems Security Professional as well as an EnCase Certified Examiner. at 50-55. 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." Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. Sentences or fines provided this information to defense counsel argued ), U.S. Dept need for a colloquy but 'll. 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