3 and declined to remove Juror No. A more recent docket listing may be available from PACER. 933, 938, 122 L.Ed.2d 317 (1993). ("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. 1992). at 92 (record citations omitted). S.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." at 93. 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 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."). Law Project, a federally-recognized 501(c)(3) non-profit. Nonetheless, not every failure to disclose requires reversal of a conviction. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 2030, 60 L.Ed.2d 395 (1979). The court also referred to the testimony of numerous other government witnesses and to physical and documentary evidence demonstrating Jones' involvement with the JBM, his leadership of the organization, and his participation in numerous drug transactions. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 91-00570-03). 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. 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. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. We find no abuse of discretion by the district court. Precedential, Citations: The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. denied, --- U.S. ----, 112 S.Ct. 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. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 914 F.2d at 944. That is sufficient for joining these defendants in a single trial. App. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 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. We 853 (1988). App. 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. In response, Fields moved to strike 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. * The case status is Pending - Other Pending. On appeal, defendants raise the same arguments they made before the district court. 3 and declining to remove Juror No. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 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. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. 1992). 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." denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. 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." 841(a)(1) (1988). 2d 588 (1992). Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! This site is protected by reCAPTCHA and the Google. 761 F.2d at 1465-66. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 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." at 93. Net Reaction. ", 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. 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. It's a reaction I suppose to the evidence." App. Subscribe Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 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. 841(a) (1) (1988). 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." 3284, 111 L.Ed.2d 792 (1990). at 55, S.App. 929 F.2d at 970. 4/21/92 Tr. 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. 4/21/92 Tr. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. App. 3 protested too much and I just don't believe her. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. From Free Law Project, a 501(c)(3) non-profit. 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. denied, --- U.S. ----, 112 S.Ct. App. 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. There is no indication that the prosecutors made any follow-up inquiry. 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. "), cert. 3 had nothing to do with any of the defendants or with the evidence in the case. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. United States v. Burns, 668 F.2d 855, 858 (5th Cir. 12 for scowling. 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. 848 (1988 & Supp. ), cert. 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." I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. denied, --- U.S. ----, 112 S.Ct. 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. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." Jamison provided only minimal testimony regarding Thornton. Notice filed by Mr. Bryan Thornton in District Court No. Government of the Virgin Islands v. 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