846, the government must prove: (1) that there was a conspiracy, i.e., an agreement to distribute cocaine; (2) that Barnes knew of the conspiracy; and (3) that Barnes intentionally joined the conspiracy. 2011 Bethel Football Team - Roster and Schedule. 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. . Finally, Jones asserts there was insufficient evidence to support the jury's guilty verdict regarding murder while engaging in a drug conspiracy. Pastor Looney testified that Barnes referred to Duon's killing by admitting, "We did that." Please try again. Jones also asserts that the government violated Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. En una noche de verano de 1990, el cuerpo de un presunto camello empieza a arder en un callejn de Minnesota. Trabajando. The most recent tenant is Tammy Chapman. at 1058 (emphasis added). Browse the directory of real estate professionals at realtor.com. (emphasis added). Thus, we will not second-guess the jury's apparent crediting of Agent O'Neill's conclusion, notwithstanding the uncertainty of other experts, nor will we reweigh the credibility of the confession witnesses. UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Lane BARNES, Defendant-Appellant. Over two years passed, but law enforcement authorities failed to solve Duon's murder. Accordingly, when Barnes shot and killed Duon as a result of Duon's attempt to cheat Jones' CCE out of drugs or drug money, he did so in the "furtherance of" Jones' CCE within the meaning of 848(e) (1) (A). Substantial evidence establishes that Barnes was part of a conspiracy to distribute cocaine as charged in Count 3. 848(e) (1) (A). Id. View Public Record Results ✓ Addresses. The district court entered judgment and sentenced Jones to concurrent life sentences for each of the four counts against him. Jones contends that by admitting Barnes' confessions as provided in the hearsay testimony of Russell Barnes and Marc Looney, the district court denied Jones' right under the Confrontation Clause to cross examine government witnesses.2 He asserts the violation warrants reversal. The cumulative effect of the solitary comment was scant. His body had been wrapped in plastic, doused with gasoline, and set ablaze within two miles of Jones' condominium. Authorities learned that Barnes told three different individuals, including Barnes' nephew, a fellow inmate, and a pastor, that he and Jones had killed Duon Walker after Duon attempted to cheat them in a drug deal. at 789 (emphasis added). at 956. Kenneth Jones listens as his attorney addresses the court at the Bonneville County Courthouse on Thursday, Jan. 21, 2021. 2d 508 (1993). AGE 70s Jeffrey Wade Barnes Linden, VA View Full Report Aliases Used To Live In Relatives Jeffery W Barnes Jeff Barnes He also lists certain witnesses who questioned the veracity of the government's three confession witnesses. 1600, 118 L.Ed.2d 314 (1992), we found no Bruton violation where the jury learned from a co-defendant's post-arrest admission that, after the bank robbery, everyone [in the car] had been sprayed when the dye pack discharged, and everyone [in the car] was afraid. 848(e)(1), the government must prove: (1) that Barnes was engaged in or working in the furtherance of Jones' CCE; (2) that Barnes intentionally killed Duon or commanded, induced, procured or caused his intentional killing; (3) that Duon's killing actually resulted; and (4) that there was a substantive connection between the killing and the CCE. Another witness identified the defendant as the man who met the co-defendant in the alley on that particular date. In United States v. Donahue, 948 F.2d 438 (8th Cir. 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. The prosecutor summarized, stating that this is the exact description of the way they killed Duon Walker. Trial Tr. ), cert. There was ample evidence to support the jury's verdict that Barnes murdered Duon in the furtherance of a CCE. 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. 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. Mr. Barnes was retired from the United States Army and a veteran of the Gulf War. In contrast, in United States v. Long, 900 F.2d 1270 (8th Cir. at 21. 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. The jury could have believed any or all of these witnesses, and it was aided by the evidence that the day after Duon's body was set ablaze, airport police intercepted Barnes while he was carrying a firearm and attempting to fly to Los Angeles under an assumed name. In Richardson v. Marsh, 481 U.S. 200, 107 S. Ct. 1702, 95 L. Ed. 848(e)(1). Crescent 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. You may also use the Illinois Department of Corrections - Inmate Search feature to search for offenders by last name, birthdate or IDOC#. We deal with their contentions seriatim. Kyles v. Whitley, 514 U.S. 419, ----, 115 S.Ct. The government concedes that Jones cannot be convicted under the facts of this case both for engaging in a CCE and for conspiring with others to distribute drugs. Jones particularly challenges only the fourth element of CCE-murder as outlined above: whether there was a substantive connection between the killing and the CCE. 1987). 1987). Barnes moved to Minnesota, and in late 1993, FBI agents obtained authorization to wiretap Jones' and Barnes' residences, and recorded discussions regarding cocaine dealing and murder. ; see also United States v. McCullah, 76 F.3d 1087, 1103 (10th Cir.1996) ([T]he reach of section 848(e) extends to hired henchmen who commit murder to further a drug enterprise in which they may not otherwise be intimately involved.). Kyles v. Whitley, 514 U.S. 419, ----, 115 S. Ct. 1555, 1565, 131 L. Ed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. It deadlocked as to whether Barnes intentionally killed Walker while engaging in a conspiracy to distribute drugs. 848(e) (1). 1994). Vonetta Tyson Barnes, 38, of Wahiawa, Hawaii, is charged with racketeering conspiracy, securities fraud, wire fraud to defraud investors, and money laundering conspiracy. He is survived by his mother, Dwala Jean Gettys, one sister, Gretchen O'Donnell and one brother, Billy Jones. 2d 164 (1995). We deal with their contentions seriatim. Decided Dec. 2, 1996. In contending that a defendant can be convicted twice under this statute for a single murder without violating the Double Jeopardy Clause, the government maintains that killing while engaging in a drug distribution conspiracy requires proof of a different element than killing while engaged in a CCE. He was preceded in death by his father Harry Billy Jones. R. Crim. Contact Authorities. 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. The court declared a mistrial as to the deadlocked count and sentenced Barnes to two concurrent life sentences. Russell Barnes testified that " [Jeffrey Barnes] said [Duon] tried to jack them for some work, some of the dope. denied, 510 U.S. 1018, 114 S.Ct. A ballistics expert established that the .22 caliber handgun airport police found in Barnes' baggage was the gun used to kill Duon. Jones contends that by admitting Barnes' confessions as provided in the hearsay testimony of Russell Barnes and Marc Looney, the district court denied Jones' right under the Confrontation Clause to cross examine government witnesses.2 He asserts the violation warrants reversal. In United States v. Miller, 995 F.2d 865 (8th Cir. For the foregoing reasons we affirm Barnes' convictions on both counts. Indeed, the record establishes that the prosecutor carefully applied the confessions only to Barnes. Id. To prove Barnes conspired to distribute drugs under 21 U.S.C. 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. Although it remanded the case due to the prosecutor's attempt during his closing argument to persuade the jury to use the confession against the defendant, the Court found no fault with admission of the redacted confession. U.S. v. Jelinek, 57 F.3d 655 (8th Cir. Id. We remand this case to the district court to vacate Jones' conviction on the conspiracy count. In Bennett, the Eleventh Circuit also considered replacement of a defendant's name with the pronoun "they" in a redacted confession, but held that the redaction was improper. And they killed him. Trial Tr. 2d 314 (1992), we found no Bruton violation where the jury learned from a co-defendant's post-arrest admission that, after the bank robbery, "everyone [in the car]" had been sprayed when the dye pack discharged, and "everyone [in the car]" was afraid. Here, Jones' conspiracy is not "punishable" under 841(b) (1) (A) because application of the Double Jeopardy Clause to Jones' predicate conspiracy conviction has eliminated the possibility that 841(b) (1) (A) could be triggered. Russell Barnes testified that [Jeffrey Barnes] said [Duon] tried to jack them for some work, some of the dope. Jones particularly challenges only the fourth element of CCE-murder as outlined above: whether there was a substantive connection between the killing and the CCE. They have also lived in Pocatello, ID. denied, 494 U.S. 1089, 110 S.Ct. 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. Nassar v. Sissel, 792 F.2d 119, 121 (8th Cir. We apply the same test, discussed above, in reviewing whether the evidence was sufficient for the jury to convict Jones of CCE-murder under 21 U.S.C. Irene Schuck, Jones' girlfriend, helped Jones launder drug money through real estate deals, and she had told witnesses that at Jones' direction she cleaned up a large quantity of blood from Jones' bathroom within two days of Duon's murder. And they killed him. Trial Tr. denied, 503 U.S. 976, 112 S.Ct. He was born to JoNell Watson Barnes and the late Robert Barnes on September 30, 1961. Venice, FL (34285) Today. He was a member of the Los Angeles and Oakland Raiders from 1977 to 1987 of the National Football League (NFL). Kohler & Eyre CPAs is part of the Accounting Services industry, and located in Utah, United States. As a person also living with MS it all rang so familiar it felt like I was sitting down having a great visit with Ken instead of reading his book. at 211, 107 S. Ct. at 1709.3. Douglas Peine, St. Paul, MN, argued, for Jeffrey Lane Barnes. 1194, 10 L.Ed.2d 215 (1963), by reason of its delay in providing an FBI interview report until the third day of trial. title: "Database Error" ShowToc: true date: "2023-01-03" author: "Steven Desano" title: "Database Error" ShowToc: true date: "2022-12-09" author . Marsh, 481 U.S. at 211 n. 5, 107 S.Ct. ), cert. Id. The government must disclose evidence favorable to a defendant whether requested or not. Kohler & Eyre CPAs Location 1883 W Royal Hunte Dr Ste 201, Cedar City, Utah, 84720, United States Description Read More Industry Likewise, in his closing argument the prosecutor did not include Jones in any discussion of Barnes' confessions. Refine Your Search Results All Filters 1 Jeffrey Aaron Barnes, 43 Resides in Dover, DE Lived In Hyattsville MD, Philadelphia PA Related To Danielle Barnes, Ryan Barnes Id. United States v. Malone, 49 F.3d 393, 397 (8th Cir. 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. With this background, we turn to the present case. Jeffrey Barnes, age 56, of Sadieville, Kentucky, died July 31, 2018, at his residence. Contact us. We therefore hold the district court did not abuse its discretion by admitting the confessions.5Other Trial Errors. 608(b) (restricting admission of extrinsic evidence of a collateral matter to attack credibility). Jeffrey Paulsen, Assistant U.S. Attorney, Minneapolis, MN, argued, for U.S. Before WOLLMAN, LAY, and BRIGHT, Circuit Judges. Id. A federal grand jury indicted Jones for intentionally engaging in a continuing criminal enterprise (CCE) in violation of 21 U.S.C. United States Court of Appeals, Eighth Circuit. Barnes challenges the sufficiency of the evidence as it relates to his convictions of CCE-murder and conspiracy to distribute cocaine. The jury convicted Jones on all counts charged. The cause of Duon's death was three gunshots to the head at close range with a .22 caliber handgun. 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. Since Marsh, we have had several occasions to consider the admissibility of a co-defendant's confession from which a defendant's name has been removed and replaced with a neutral pronoun. ), 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. Ken Adlington: David Barrass: 1995-1997 Douglas McFerran: Joan Barnes: Sally Sheridan: 1997 Joanna Barton: Fiona MacPherson: 1996-1997 Colin Batty: Andrew Livingston: 1997 Jimmy Batty: Jack Marsden: 1997 Charlie Cairns: Sarah Graham: 1997 DI Cooke: Susie Baxter: 1997 Greg Cox: Danny Seward: 1997 Anne Cullen: Heather Peace: 1997 DI Farrar . The day after witnesses discovered Duon's burning body, airport police stopped Barnes at the Minneapolis Airport for reasons not directly related to this case while Barnes prepared to board a return flight to Los Angeles under an assumed name. 1996) ("Where the prosecution delays disclosure of evidence, but the evidence is nonetheless disclosed during trial, Brady is not violated."). 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. See United States v. Tipton, 90 F.3d 861, 887 (4th Cir. Jones raises several other trial errors. 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