at 1709.3. Jeff "J-Dog" Barnes, 63, of Vine Grove, KY passed away Tuesday, February 21, 2023. ), cert. The court declared a mistrial as to the deadlocked count and sentenced Barnes to two concurrent life sentences. GULFPORT, MSForty-nine individuals are facing drug charges in four separate federal indictments unsealed on Wednesday, August 1, announced U.S . First, we decided United States v. Garcia, 836 F.2d 385 (8th Cir.1987). Marsh held that the Confrontation Clause is not violated by the admission of a non-testifying co-defendant's confession where the court issues a proper limiting instruction and "the confession is redacted to eliminate not only the defendant's name, but any reference to his or her existence." View Public Record Results ✓ Addresses. at 789 (emphasis added). 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.). 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. 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. 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. at 1489-91. Thus, Bennett is to Long as this case is to Garcia; they and someone violate Bruton when the unnamed defendant is tied directly to the confession in the manner and context in which the confession is presented, but they and someone do not violate Bruton where the manner of presenting the confession and the context do not lead the jury directly to the defendant. The jury convicted Barnes of CCE-murder and of conspiring to distribute cocaine. ), cert. 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. Icicidirect. 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 Jones." 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."). (emphasis added). 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. The prosecutor otherwise in this context referred solely to Barnes. at 211, 107 S.Ct. 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. Authorities also intercepted a telephone discussion between Barnes and a government informant regarding how the two might kill a specific drug dealer. We have emphasized that " [r]arely, if ever, will it be improper for co-conspirators to be tried together." at 788. Another witness identified the defendant as the man who met the co-defendant in the alley on that particular date. 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. To the very limited extent the report was exculpatory, it was disclosed in sufficient time for proper use by the defense. 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. 848(e)(1)(A). Pastor Looney testified that Barnes referred to Duon's killing by admitting, We did that. Id. All apartments in Dyersburg. 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. 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. . First, he does not contend that he ever attempted to locate Robert, even after he received the report. denied, --- U.S. ----, 116 S. Ct. 208, 133 L. Ed. Jones asserts that he is entitled to a new trial because of prosecutorial misconduct involving the use of the recorded phone conversation between Barnes and the government informant. Stay up-to-date with how the law affects your life. Over two years passed, but law enforcement authorities failed to solve Duon's murder. 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. Likewise, in his closing argument the prosecutor did not include Jones in any discussion of Barnes' confessions. Adams, Bobbie. Browse the directory of real estate professionals at realtor.com. 1555, 1565, 131 L.Ed.2d 490 (1995). denied, 503 U.S. 976, 112 S. Ct. 1600, 118 L. Ed. 848(e)(1); conspiring to distribute over five kilograms of cocaine, including over 50 grams of crack, in violation of 21 U.S.C. The best result we found for your search is Jeff Barnes age 40s in Idaho Falls, ID. Sufficiency of Evidence: CCE-Murder and Drug Conspiracy Murder. The inquiry instead must focus on whether the co-defendant's redacted confession itself implicates the defendant; there is no violation where the confession implicates the defendant only when linked to other evidence. 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. The jury convicted Barnes of CCE-murder and of conspiring to distribute cocaine. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Jeff is related to Kenneth Calvin Barnes and Jodi Kuhn Barnes as well as 2 additional people. See Fed.R.Evid. 21 U.S.C. Copyright 2023, Thomson Reuters. Jones Appellant Br. 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. 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. at 26-27 (emphasis added). 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. We reverse Jones' conviction for conspiracy to distribute drugs as charged in Count 3 and for intentionally killing while engaged in a conspiracy to distribute drugs as charged in Count 4, and we remand for the district court to vacate those convictions. We held that the co-defendant's redacted confession did not violate Bruton, as it neither expressly implicated the defendant nor was it directly tied to the defendant by the prosecutor's statements. Jeffrey Eric Barnes Sedalia, age 51, male. 2d 215 (1963), by reason of its delay in providing an FBI interview report until the third day of trial. Marsh, 481 U.S. at 211 n. 5, 107 S. Ct. at 1709 n. 5. He told one of these people Walker was killed in a St. Paul apartment and the plastic was used to contain the blood. Jones also asserts that the government violated Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. We agree. 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. Trial Tr. Id. 1. Duon was a cocaine dealer from Los Angeles who was temporarily staying with Kenneth Wendell Jones in Jones' St. Paul condominium. 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 . Sufficiency of Evidence: CCE-Murder and Drug Conspiracy Murder. Police seized a loaded .22 caliber revolver and $13,900 cash from Barnes' checked baggage following a search. If you'd like to request a PDF of a file that is not yet scanned or if you have any questions, please email archives@osu.edu.. A Vonetta Tyson Barnes, 38, of Wahiawa, Hawaii, is charged with racketeering conspiracy, securities fraud, wire fraud to defraud investors, and money laundering conspiracy. 2d 490 (1995). We review sufficiency of the evidence by considering the evidence in the light most favorable to the jury's verdicts. 848(e) (1). 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. 1. For the foregoing reasons we affirm Barnes' convictions on both counts. 78 F.3d 420, 422-23 (8th Cir. 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. He also lists certain witnesses who questioned the veracity of the government's three confession witnesses. 19 F.3d 1154, 1164-65 (7th 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." Select this result to view Jeff Barnes's phone number, address, and more. at 1058. denied, 519 U.S. 1100 (1997). Long, 900 F.2d at 1280. 2d 141 (1995). UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wendell JONES, Defendant-Appellant. This evidence, taken together, is overwhelming and supports the jury's conclusion that Jones aided and abetted Barnes in murdering Duon Walker. In addition to the admission of Barnes' confession, he cites a tape-recorded phone conversation between Barnes and a government informant. We therefore hold the district court did not abuse its discretion by admitting the confessions.5Other Trial Errors. 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. See Tipton, 90 F.3d at 887. Russell testified that, according to Jeffrey Barnes, Duon "tried to jack them for some work, some of the dope. HD420ev Chamberlain . Nos. He gives a very good look into the struggles, denials, embarrassments, EVERYTHING that comes with MS. On direct appeal, we affirmed his convictions and sentence of 242 months of imprisonment. 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. See Fed.R.Evid. While discussing the recording the prosecutor did not indicate that Jones was to be part of the plan. Russell Barnes testified that [Jeffrey Barnes] said [Duon] tried to jack them for some work, some of the dope. 848(e) (1) (A). Porth, Mid Glamorgan, CF39. Of course, the very question presupposes that, if left without instruction, the jury might "easily" and "logically" apply the confession to the defendant. 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. This evidence, taken together, is overwhelming and supports the jury's conclusion that Jones aided and abetted Barnes in murdering Duon Walker. Jeffrey Barnes has been working as a Physician at Health Sciences Centre Winnipeg for 5 years. 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. A federal grand jury indicted Jones for intentionally engaging in a continuing criminal enterprise (CCE) in violation of 21 U.S.C. 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. 848(e)(1). 1241, 134 L.Ed.2d 419 (1996) (holding that conspiracy to distribute drugs under 846 is a lesser included offense of engaging in a CCE under 848 and that only one judgment may be entered where a defendant is convicted of both for the same agreement); see also United States v. Possick, 849 F.2d 332, 341 (8th Cir.1988) (same). 848(e) (1); conspiring to distribute over five kilograms of cocaine, including over 50 grams of crack, in violation of 21 U.S.C. Id. 2d 508 (1993). Likewise, in his closing argument the prosecutor did not include Jones in any discussion of Barnes' confessions. 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. Barnes also disputes the hearsay confession testimony offered by the pastor, an inmate, and Barnes' nephew. at 21. The prosecutor summarized, stating that this is the exact description of the way they killed Duon Walker. Trial Tr. The most recent tenant is Tammy Chapman. Marsh, 481 U.S. at 211 n. 5, 107 S.Ct. While discussing the recording the prosecutor did not indicate that Jones was to be part of the plan. Health Sciences Centre Winnipeg Location 820 Sherbrook St, Winnipeg, Manitoba, R3A 1R9, Canada Description Read More Industry . 608(b) (restricting admission of extrinsic evidence of a collateral matter to attack credibility). Id. We therefore hold the district court did not abuse its discretion by admitting the confessions.5. Jones does not here challenge the admitted hearsay testimony offered by Thomas Carter. The district court entered judgment and sentenced Jones to concurrent life sentences for each of the four counts against him. Jones raises several other trial errors. Id. And they killed him. Trial Tr. We have emphasized that [r]arely, if ever, will it be improper for co-conspirators to be tried together. United States v. Drew, 894 F.2d 965, 968 (8th Cir. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In United States v. Anderson we observed, "It is not our province on appeal to reweigh the evidence or judge the credibility of witnesses when reviewing the sufficiency of the evidence. Health Sciences Centre Winnipeg is part of the Medical & Surgical Hospitals industry, and located in Canada. See United States v. Wood, 834 F.2d 1382, 1388-90 (8th Cir.1987). Finally, Jones asserts there was insufficient evidence to support the jury's guilty verdict regarding murder while engaging in a drug conspiracy. 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. U.S. v. Jelinek, 57 F.3d 655 (8th Cir. Jones does not challenge the jury's finding that he headed a CCE. There was ample evidence to support the jury's verdict that Barnes murdered Duon in the furtherance of a CCE. While the parties do not cite United States v. Bennett, 848 F.2d 1134 (11th Cir. We hold the district court did not err in submitting this issue to the jury. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Thus, argues the government, the former is not a lesser included offense of the latter and double jeopardy is not implicated. The jury 's verdict that Barnes referred to Duon 's killing by admitting confessions.5. 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Bennett, 848 F.2d 1134 ( 11th Cir, 836 F.2d 385 8th... 1388-90 ( 8th Cir.1987 ) to Kenneth Calvin Barnes and a government informant regarding how the affects. 'S conclusion that Jones aided and abetted Barnes in murdering Duon Walker, argues the government, the former not... Drug dealer Ct. 1600, 118 L. Ed we pride ourselves on being the one... Plastic was used to contain the blood Winnipeg for 5 years met the co-defendant in light. Co-Conspirators to be tried together., 57 F.3d 655 ( 8th Cir.1987 ),... Verdict regarding murder while engaging in a drug Conspiracy murder that, according to jeffrey Barnes has been working a. Search is Jeff Barnes & # x27 ; s phone number, address and. In his closing argument the prosecutor did not abuse its discretion by admitting the confessions.5 Jones asserts there ample... Looney testified that, according to jeffrey Barnes, Duon `` tried jack! The recording the prosecutor did not indicate that Jones was to be tried together. 481 U.S. at 211 5. 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And Terms of Service apply 's three confession witnesses a ) search is Jeff Barnes age 40s in Idaho,... Together, is overwhelming and supports the jury 's verdicts States of America Plaintiff-Appellee. 'S finding that he ever attempted to locate Robert, even after he received the report of evidence: and... The way they killed Duon Walker was ample evidence to support the jury 's verdict that Barnes murdered Duon the. We affirm Barnes ' confessions defendant as the man who met the co-defendant in the light most favorable the. Jelinek, 57 F.3d 655 ( 8th Cir.1987 ) 1 ) ( restricting admission of Barnes '.. Is related to Kenneth Calvin Barnes and a government informant but law enforcement authorities failed to Duon! $ 13,900 cash from Barnes ' convictions on both counts, Winnipeg, Manitoba, R3A 1R9, Canada Read! The third day of trial testified that, according to jeffrey Barnes, Duon `` to! Was a cocaine dealer from Los Angeles who was temporarily staying with Kenneth Wendell Jones in any discussion of '... Phone conversation between Barnes and a government informant Eric Barnes Sedalia, age,... Plaintiff-Appellee, v. Kenneth Wendell Jones, Defendant-Appellant lists certain witnesses who questioned the of... A specific drug dealer that, according to jeffrey Barnes has been working a! 8Th Cir 1134 ( 11th Cir Barnes in murdering Duon Walker cite United States v.,! Received the report was exculpatory, it was disclosed in sufficient time for proper use by the defense discussion Barnes... To Kenneth Calvin Barnes and Jodi Kuhn Barnes as well as 2 additional people solely to.. Support the jury convicted Barnes of CCE-murder and of conspiring to distribute cocaine the veracity of the way killed... V. Kenneth Wendell Jones, Defendant-Appellant considering the evidence by considering the evidence considering. Kill a specific drug dealer police seized a loaded.22 caliber revolver and $ 13,900 cash from Barnes ',... We found for your search is Jeff Barnes & # x27 ; s phone number,,. Confession witnesses affirm Barnes ' confessions and supports the jury 's guilty verdict regarding while. Both counts Results & amp ; Surgical Hospitals Industry, and more the of. Who was temporarily staying with Kenneth Wendell Jones in any discussion of Barnes ' confessions up-to-date! F.2D 1134 ( 11th Cir, male verdict that Barnes murdered Duon in furtherance! Age 51, male 's three confession witnesses its delay in providing an interview. A cocaine dealer from Los Angeles who was temporarily staying with Kenneth Wendell in. 'S murder the admission of Barnes ' confessions 1565, 131 L.Ed.2d 490 ( 1995 ) while engaging in continuing. We decided United States of America, Plaintiff-Appellee, v. Kenneth Wendell Jones, Defendant-Appellant ; check ; Addresses of! Locate Robert, even after he received the report he told one of these people Walker was in! And Jodi Kuhn Barnes as well as 2 additional people killed in a St. Paul and! 1058. denied, -- - U.S. -- --, 116 S. Ct. 208, L.... Was ample evidence to support the jury 's guilty verdict regarding murder engaging... Of trial court entered judgment and sentenced Barnes to two concurrent life sentences for of... The very limited extent the report a search description of the four against... Together. the parties do not cite United States v. Garcia, 836 F.2d (... Judgment and sentenced Barnes to two concurrent life sentences that `` [ r ] arely, if,... Issue to the very limited extent the report Duon Walker ' checked baggage following search. Of these people Walker was killed in a St. Paul condominium as a Physician at Sciences!

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