''We want to make sure no one takes their place.'' In the indictment . On appeal, defendants raise the same arguments they made before the district court. All three defendants were sentenced under the United States Sentencing Guidelines to life imprisonment, and Thornton and Jones were each ordered to forfeit $6,230,000 to the government pursuant to 21 U.S.C. In light of the non-disclosure by the DEA agents in this case, we believe that the prosecutors have an obligation to establish procedures, such as requiring written responses, which will ensure that the responsible agents are fully cognizant of their disclosure obligations. 12 during the trial. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). On appeal, defendants raise the same arguments they made before the district court. 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." 2d 769 (1990). 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. 2d 481 (1985) (Opinion of Blackmun, J.)). Sign up for our free summaries and get the latest delivered directly to you. 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." 4/21/92 Tr. Nonetheless, not every failure to disclose requires reversal of a conviction. 725, 731, 88 L.Ed.2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). Infighting and internal feuds disrupted the once smooth running operation. 91-00570-05). AbeBooks.com: The Fall of JBM: From Kingpin to Key Witness (9780998799322) by Carson, Rodney and a great selection of similar New, Used and Collectible Books available now at great prices. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! 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. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. See Eufrasio, 935 F.2d at 567. 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. 143 for abuse of discretion. 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. 841(a) (1) (1988). ), cert. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 924(c) (1) (1988 & Supp. 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 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." Shortly thereafter, it provided this information to defense counsel. 3 had nothing to do with any of the defendants or with the evidence in the case. 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 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. 2d 648 (1992). Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. Eufrasio, 935 F.2d at 574. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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." Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 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. [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. There is no indication that the prosecutors made any follow-up inquiry. 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. In light of the overwhelming evidence of defendants' guilt and the marginal importance of Jamison's and Sutton's testimony to the government's case against Thornton and Jones, we conclude that "there was no reasonable probability that the outcome of [the trial] would have been different had [the evidence] been available to defendant[s] for use at trial." Memorial Coliseum (Corpus Christi) Memorial Drive . 1985) (citation omitted), cert. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). I've observed him sitting here day in and day out. [He saw] Juror No. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . of Justice, Washington, DC, for appellee. at 39. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. at 2378. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 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. 664, 121 L.Ed.2d 588 (1992). Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 1511, 117 L.Ed.2d 648 (1992). 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. In light of the district court's curative instructions and the overwhelming evidence of the defendants' guilt in this case, including specific evidence concerning the numerous acts of violence committed in furtherance of the conspiracy, we conclude that these evidentiary errors were harmless and did not deprive the defendants of a fair trial. 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. 1263, 89 L.Ed.2d 572 (1986). 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 . 340, 116 L.Ed.2d 280 (1991). 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. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. "), cert. 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." denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. Bryan is a Certified Information Systems Security Professional as well as an EnCase Certified Examiner. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). App. S.App. Filed: 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." App. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. App. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. 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. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). 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." In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 848 (1988 & Supp. at 82. 924(c)(1) (1988 & Supp. at 92. 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