The prosecutor otherwise in this context referred solely to Barnes. Select this result to view Jeff Barnes's phone number, address, and more. Tacit understanding-as opposed to mere presence at and knowledge of an intended drug sale-will suffice; a formal agreement is unnecessary. To the very limited extent the report was exculpatory, it was disclosed in sufficient time for proper use by the defense. In his opening statement he said: Barnes has made admissions to various people about his role in these crimes. To prove Barnes conspired to distribute drugs under 21 U.S.C. 1620, 20 L.Ed.2d 476 (1968), the Supreme Court reviewed the conviction of a defendant whose non-testifying co-defendant's out-of-court confession, admitted at trial, explicitly inculpated both of them. 2. Id. Click a location below to find Jeffrey more easily. at 1058. Thomas Jefferson "Jeff" Barnes is a Nerd Herder, specializing in Apple products. We distinguished Garcia because in Long the co-defendant's cross-examination of the agent "led the jury straight to the conclusion that 'someone' referred to [the defendant]." The report revealed that during an FBI interview Robert Walker stated his belief that Harout Babadjanian, Duon's associate, had installed a false gas tank on Duon's pickup truck, and that Duon hid and transported guns or cocaine in the false tank. The jury learned that Jones had a large quantity of human blood in his bathroom shortly after the murder, including splatters on the wall or ceiling and a substantial concentration on the floor; that Duon had been staying with Jones in Jones' condominium and was one of Jones' cocaine sources; that Jones had entered a substantial drug deal with Duon involving Jones' payment to Duon of $90,000 very recently before Duon's murder; that both Barnes and Jones were together just prior to the burning of Duon, less than two blocks from Jones' condominium; that a witness observed a car resembling Jones' girlfriend's car, occupied by two men, driving slowly into the alley just before Duon's body was incinerated; that after the body was set ablaze the witness also saw the car leave the alley heading in the general direction of Jones' residence, which was within two miles of the burning body; that just after the murder Jones also told an acquaintance, one of his drug couriers, to get rid of Duon's pickup truck, which was then parked near Jones' residence; that authorities did not locate the $90,000 cash, and Jones paid Barnes $20,000 cash the day following the murder; that the day after Duon's murder Jones falsely denied to a different drug courier that Duon had been in his condominium; and that two years after Duon's murder Jones reminisced with Barnes about the people they had popped in the past. Marsh, 481 U.S. at 211 n. 5, 107 S.Ct. The evidence showed that Barnes participated with Jones in drug dealing over a long period of time; that in 1989 when Sheila Swanson, one of Jones' drug couriers, picked up Jones from the airport after he arrived in Los Angeles for a four-kilogram cocaine deal, Barnes was present with him and accompanied him throughout the deal, and returned with Jones to Minnesota; and that Barnes represented to witnesses that the reason he killed Duon was because Duon had attempted to cheat "them" out of drugs or drug money. Besides his father, he is preceded in death by: a niece, Vanessa Jones Fightmaster; a brother, Mike Barnes; and a sister, Darlene Jones. A ballistics expert established that the .22 caliber handgun airport police found in Barnes' baggage was the gun used to kill Duon. The court gave the defendants time to prepare to cross-examine Babadjanian by postponing Babadjanian's appearance. See Tipton, 90 F.3d at 887. 1987). Jeffrey Eric Barnes Sedalia, age 51, male. 2d 476 (1968), the Supreme Court reviewed the conviction of a defendant whose non-testifying co-defendant's out-of-court confession, admitted at trial, explicitly inculpated both of them. The Seventh Circuit in United States v. Cooper distinguished persons engaged in a CCE from persons working in furtherance of a CCE, and concluded that one need not be the CCE kingpin (i.e., engaged in a CCE) to work to further the CCE. You may also use the Illinois Department of Corrections - Inmate Search feature to search for offenders by last name, birthdate or IDOC#. Because of our conclusion that the drug distribution conspiracy conviction cannot stand based on the double-jeopardy analysis above, we need not reach this issue. You already receive all suggested Justia Opinion Summary Newsletters. A 'space cadet' in his forties, he was a champion of Missile Command in 1983, and is older than most of his co-workers, excepting John Casey and Big Mike. He was born to JoNell Watson Barnes and the late Robert Barnes on September 30, 1961. The majority rejected the argument that other admissible evidence may have implicitly linked the defendant to the confession. The subsequent investigation revealed that Jones headed a substantial drug distribution operation responsible for importing at least fifty pounds of cocaine into Minnesota for resale. Kyles v. Whitley, 514 U.S. 419, ----, 115 S.Ct. It indicted both Jones and Barnes for: intentionally killing Duon in the furtherance of a continuing criminal enterprise (CCE-murder) in violation of 21 U.S.C. 2011 Bethel Football Team - Roster and Schedule. at 443-44. The Bruton Court reversed the conviction as a violation of the Confrontation Clause, notwithstanding the trial court's instruction to the jury that it may consider the confession only against the co-defendant. Active from 1965 to 1969, Small Faces were part of the Mod trend of the 1960s. Kohler & Eyre CPAs Location 1883 W Royal Hunte Dr Ste 201, Cedar City, Utah, 84720, United States Description Read More Industry We find no prejudice here. 4. Copyright 2023, Thomson Reuters. There are 40 other people named Jeffrey A. Barnes on AllPeople. After considering the evidence against Jones in the light most favorable to the jury's verdict and accepting as established all reasonable inferences that support the verdict, we find overwhelming evidence to sustain the jury's conviction of Jones. at 1489-91. Jones raises several other trial errors. Barnes argues that his conviction of CCE-murder under 21 U.S.C. There, however, both in the opening statement and closing argument the prosecutor specifically argued as if the they of the redacted confession included the unnamed defendant and the confessing co-defendant. We therefore hold the district court did not abuse its discretion by admitting the confessions.5. See Fed.R.Evid. The cause of Duon's death was three gunshots to the head at close range with a .22 caliber handgun. Particularly, he points to the failure of two ballistic experts to conclude definitely that Barnes' .22 caliber handgun was the same .22 caliber handgun fired into Duon's head. A jury convicted Jeffrey Lane Barnes of several drug-related crimes as charged in a federal indictment. Accordingly, that conviction cannot stand. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Jones asserts that the only proof of a nexus between the murder and the CCE arises from Barnes' hearsay confessions, which must be applied only against Barnes. He said that Barnes "said that the dude was running some of their work, some of their cocaine," and repeated that "they killed him." See United States v. Wood, 834 F.2d 1382, 1388-90 (8th Cir.1987). He also lists certain witnesses who questioned the veracity of the government's three confession witnesses. 1830, 108 L.Ed.2d 959 (1990). Derek Jeter Tino Martinez Aaron Judge Gleyber Torres Miguel Andujar Mariano Rivera Luis Severino Khris Davis Matt Chapman Rickey Henderson Ken Griffey Jr. Yusei Kikuchi Justus Sheffield Ichiro Edgar Martinez Blake Snell Austin Meadows Jose Canseco Joey Gallo Nomar Mazara Ivan Rodriguez Rowdy Tellez Danny Jansen Roy Halladay Randy Johnson Zack Greinke Robbie Ray Chipper Jones Ronald Acua Jr . Additionally, the government disclosed the report when it became aware of it, although this was after the trial began, and its disclosure afforded Jones five days to prepare to cross-examine Babadjanian. Jones." That Babadjanian installed a false tank on Duon's truck somehow reveals a motive for Babadjanian to murder Duon certainly is not intuitive, and fails to establish an alternative theory the jury might have reasonably believed. Following the Seventh Circuit's reasoning in Cooper, we hold that a person does not avoid prosecution for CCE-murder under 848(e) (1) (A) simply based upon his supervisee status in the CCE. Inserty: SP (1:1 balku) SP Die Cut (1:5) Electric Ice (1:35) Award Predictor (1:20) Kompletn checklist: 271 . Abel, Aaron. Past residents include Nick Pope, Kenneth Dukes, Mattie Dukes, Jeannie Barnes and . On direct appeal, we affirmed his convictions and sentence of 242 months of imprisonment. 2d 176 (1987), the Supreme Court considered the application of Bruton to the admission of a co-defendant's confession that had been redacted, omitting any reference to the defendant. We remand this case to the district court to vacate Jones' conviction on the conspiracy count. 1994). Pastor Looney testified that Barnes told him, We did that, regarding Duon's murder. Found 2 colleagues at The Barnes Companies. In contrast, in United States v. Long, 900 F.2d 1270 (8th Cir. He said that Barnes said that the dude was running some of their work, some of their cocaine, and repeated that they killed him. Id. United States Court of Appeals, Eighth Circuit. The single reference to we and several references to they in the witnesses' testimony here could have referred to anyone or any group of individuals acting with Barnes. at 1493-94 (emphasis added). While the parties do not cite United States v. Bennett, 848 F.2d 1134 (11th Cir.1988), we find it necessary to note the distinction between the improper admission there and the proper admission here. Moreover, even if Robert had been called as a witness, it would have been improper for him to testify regarding the false gas tank simply to impeach Babadjanian. United States v. Malone, 49 F.3d 393, 397 (8th Cir. Likewise, in his closing argument the prosecutor did not include Jones in any discussion of Barnes' confessions. Indeed, the record establishes that the prosecutor carefully applied the confessions only to Barnes. Fellow inmate Thomas Carter testified that Barnes had told him that Barnes and some friends "got ripped off," by Duon, and that " [Barnes] killed him" in response. We see no Brady violation here. See United States v. Shoffner, 71 F.3d 1429, 1433 (8th Cir.1995). However, there is no due process violation under Brady as long as ultimate disclosure is made before it is too late for the defendant to make use of any benefits of the evidence. Nassar v. Sissel, 792 F.2d 119, 121 (8th Cir.1986); see also United States v. Gonzales, 90 F.3d 1363, 1368 (8th Cir.1996) (Where the prosecution delays disclosure of evidence, but the evidence is nonetheless disclosed during trial, Brady is not violated.). Jones asserts that the only proof of a nexus between the murder and the CCE arises from Barnes' hearsay confessions, which must be applied only against Barnes. In United States v. Donahue, 948 F.2d 438 (8th Cir.1991), cert. The appellants' convictions stem from an extensive investigation by state and federal law enforcement agencies into the criminal activities of Jeffrey Lane Barnes, Kenneth Jones, and others who authorities believed were responsible for a major drug distribution operation and several drug-related murders. Fed. Agent O'Neill later determined that the same firearm was used to kill Duon. He is survived by his mother, Dwala Jean Gettys, one sister, Gretchen O'Donnell and one brother, Billy Jones. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Jeffrey Paulsen, Assistant U.S. Attorney, Minneapolis, MN, argued, for U.S. Before WOLLMAN, LAY, and BRIGHT, Circuit Judges. Southern District of Mississippi (601) 965-4480. Reasoning that the phrase working in furtherance of would be superfluous if it referred only to kingpins, the Cooper court affirmed the conviction of a CCE supervisee who killed at the behest of the CCE kingpin. at 211, 107 S. Ct. at 1709.3. Double Jeopardy: CCE-Murder and Drug Conspiracy Murder, Jones maintains the district court erred by entering convictions against him as to both intentionally killing Duon in the furtherance of a CCE and intentionally killing Duon while engaged in a conspiracy to distribute drugs.1. With this background, we turn to the present case. The jury convicted Barnes of CCE-murder and of conspiring to distribute cocaine. 848(a). Pastor Looney testified that Barnes referred to Duon's killing by admitting, We did that. Id. In the joint trial, over Jones' objections, the district court admitted the hearsay testimony of Barnes' redacted confessions to Jeffrey Barnes' nephew, Russell Barnes, and to a pastor, Marc Looney. denied, 494 U.S. 1089, 110 S. Ct. 1830, 108 L. Ed. 2d 583 (1993), the confession as presented at trial referred to "persons in Minnesota" instead of to the defendant by name or by suggestion. First, he does not contend that he ever attempted to locate Robert, even after he received the report. Jones' argument that earlier disclosure would have permitted him to locate Robert to testify on his behalf is without merit. Double Jeopardy: CCE and Drug Distribution Conspiracy. Because the Double Jeopardy Clause as applied in this case renders Jones' drug conspiracy unpunishable, the government cannot establish a necessary element upon which Jones' conviction for murder while engaging in the conspiracy rests. 848(e) (1); conspiring to distribute over five kilograms of cocaine, including over 50 grams of crack, in violation of 21 U.S.C. (emphasis added). Jones also asserts that the government violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. Another witness identified the defendant as the man who met the co-defendant in the alley on that particular date. The jury convicted Jones on all counts charged. Indeed, the concern answered by Bruton and clarified in Marsh is whether a court's instruction to apply a confession only to the declarant is adequate to constrain the jury to do so. Top 3 Results for Jeff Barnes in ID. Because Barnes did not raise this issue below we review only for plain error. There, in a post-arrest statement admitted into evidence, a co-defendant disclosed that he had been instructed to deliver heroin to someone on a date certain. at 789 (emphasis added). at 21. In addition to the admission of Barnes' confession, he cites a tape-recorded phone conversation between Barnes and a government informant. The confessions originally included admissions that Barnes and Jones murdered Duon. For the foregoing reasons we affirm Barnes' convictions on both counts. But subsequent authority teaches that Bruton is limited to that circumstance and the indistinguishable circumstance where the confession is redacted but nevertheless " [leads] the jury straight to the conclusion that [the replacement pronoun] refer [s] to [the defendant]." 618, 126 L.Ed.2d 583 (1993), the confession as presented at trial referred to persons in Minnesota instead of to the defendant by name or by suggestion. He told one of these people Walker was killed in a St. Paul apartment and the plastic was used to contain the blood. To prove CCE-murder under 21 U.S.C. denied, --- U.S. ----, 116 S. Ct. 236, 133 L. Ed. The government's theory that Jones killed Duon to regain the cash or drugs is a reasonable inference from the evidence admitted against Jones and satisfies the challenged element of CCE-murder. Health Sciences Centre Winnipeg Location 820 Sherbrook St, Winnipeg, Manitoba, R3A 1R9, Canada Description Read More Industry Venice, FL (34285) Today. Fellow inmate Thomas Carter testified that Barnes had told him that Barnes and some friends got ripped off, by Duon, and that [Barnes] killed him in response. Id. ), cert. The Seventh Circuit in United States v. Cooper distinguished persons "engaged in" a CCE from persons "working in furtherance of" a CCE, and concluded that one need not be the CCE kingpin (i.e., "engaged in" a CCE) to work to further the CCE. See Fed.R.Evid. Authorities also intercepted a telephone discussion between Barnes and a government informant regarding how the two might kill a specific drug dealer. The report revealed that during an FBI interview Robert Walker stated his belief that Harout Babadjanian, Duon's associate, had installed a false gas tank on Duon's pickup truck, and that Duon hid and transported guns or cocaine in the false tank. Pastor Looney testified that Barnes told him, "We did that," regarding Duon's murder. Snowboard- . But Marsh teaches that the issue is not whether it would be "easy" or "logical" for the jury to conclude that the co-defendant's confession was referring to the defendant. It revealed that during the interview Robert reached the same conclusion the government wanted the jury to reach: that Jones conspired to kill Duon and then took Duon's money and drugs. In Bruton v. United States, 391 U.S. 123, 88 S.Ct. at 21. The government's theory that Jones killed Duon to regain the cash or drugs is a reasonable inference from the evidence admitted against Jones and satisfies the challenged element of CCE-murder. The subsequent investigation revealed that Jones headed a substantial drug distribution operation responsible for importing at least fifty pounds of cocaine into Minnesota for resale. The jury convicted Jones on all counts charged. Marsh, 481 U.S. at 211 n. 5, 107 S. Ct. at 1709 n. 5. The confessions originally included admissions that Barnes and Jones murdered Duon. 848(e) (1) (A). Jones argues that because he and Barnes were the only persons named in the indictment, and were the only defendants present in the courtroom, [t]he jury could easily and logically conclude that they and we referred to Jeffrey Barnes and Mr. Jones. Jones Appellant Br. Barnes' reliance on the general CCE principle that the kingpin is the primary focus is misplaced as it relates to his conviction of CCE-murder. Neither the government, Jones nor Barnes called Robert to testify, but the government planned to call Babadjanian later the same day that it disclosed the FBI report to the defendants. Substantial evidence establishes that Barnes was part of a conspiracy to distribute cocaine as charged in Count 3. Russell testified that, according to Jeffrey Barnes, Duon "tried to jack them for some work, some of the dope. In the joint trial, over Jones' objections, the district court admitted the hearsay testimony of Barnes' redacted confessions to Jeffrey Barnes' nephew, Russell Barnes, and to a pastor, Marc Looney. Jones argues there was insufficient evidence to convict him of CCE-murder. And they killed him." Just prior to June 24, Jeffrey Lane Barnes had also come to Minnesota from his home in Los Angeles. He asserts that the district court should have granted a severance under Rule 14 of the Federal Rules of Criminal Procedure on the basis that certain evidence was admissible only against Barnes. 119 people named Jeffrey Barnes found in Washington-Baltimore, Philadelphia-Wilmington-Atlantic City and 2 other cities. at 1142. Authorities disassembled the tile floor in Jones' bathroom and discovered that blood had seeped through the grout lines and tile base and settled in the wooden subflooring. Indeed, we agree with the government that the report is generally inculpatory, rather than exculpatory. Trabajando. We hold the district court did not err in submitting this issue to the jury. Indeed, the record establishes that the prosecutor carefully applied the confessions only to Barnes. Dr. Kenneth Barnes Mockler-Phillips Professor of Workplace Theology and Business Ethics Email: kbarnes@gcts.edu First Year at Gordon-Conwell: 2016 Biography: Prior to his academic career, Dr. Barnes spent many years as a senior international executive for several multi-billion dollar companies doing business on six continents. 27761 Hackberry Dr, Sedalia, MO 65301, lived here in 2012 $710: C. 2614 W 32nd St, Sedalia, MO 65301, lived here in 2010 The murder subsection of the statute imposes liability not just on a person "engaging in" the CCE, but alternatively on a person "working in furtherance of" the CCE, where he or she also either intentionally kills a person or "counsels, commands, induces, procures, or causes the intentional killing." 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