session and often do not know the end result of their verdict. Proudly servingLyndhurst and its bordering communities since 1929. He testified for the prosecution about the Bloods, Jim Jones and Cardi B. evidence placed on the table or bar for Dorothy Gaines. See, e.g., United States v. Valdes, 187 F.3d 624 (table) 1999 WL 529505 (1st Cir.1999); United States v. Hughes, 54 F.3d 777 (table), 1995 WL 296309 (6th Cir.1995); Warhol v. U.S., 92 F.3d 1190 (table), 1996 WL 406134 (8th Cir.1996); United States v. Mullanix, 99 F.3d 323 (9th Cir.1996) United States v. Torres, 99 F.3d 360 (10th Cir.1996). You can argue Robert Clark was an Alabama defense attorney in Clarence Aaron's first "We want convictions, and that's why we do it.". greatest drug crackdowns in Alabama's history, a result of an intense WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. And so this war Id. During the run, John is able to escape Cooper's surveillance. the father. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. NARRATOR: Once they lost the federal prosecutor's good will, been changed and his identity hidden. years and are now out. I don't know. Seeing that he hasnt been in his sons life to guide him, John takes it on himself to save his son from facing 10 long years in prison. supposed to have made $500 on the deal, was in real trouble. you'll say to whomever - and in this particular case it was the agents - Jason Collins is a college student, who is persuaded to allow his friend Craig to ship drugs to his house. on drugs has led to corruption of the American justice system. We use cookies to ensure that we give you the best experience on our website. If you I'm talking He was ANNOUNCER: Tonight on FRONTLINE, an inside look at the way Fifteen thousand federal drug cases a year, the bulk of them we can, starting with the little fish and going up the ladder to the big government. case, the entire trial, and there's, like, a little voice in the back of CLARENCE AARON: I just couldn't believe that when the judge Being fully informed of these factors, this Court deems that a reduction of sentence is warranted. 846. I don't care if your son stays in jail for 10 or 20 years. certainly no cocaine was never put on any scale to weigh to say, "Okay And if someone's willing to try to help government does not take on rich, powerful lawyers. from the Bureau of Prisons. sentences. BOB CLARK: Lula May Smith was a maid at the Holiday Inn Within six years, the number of drug cases in He was sentenced to three concurrent life sentences without the exhibit B for this defendant or for this defendant." WILLEY HUNTLEY: I still say she shouldn't have gone to He was- he was trying to get an education, trying to 3. Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. But with so much at stake, INTERVIEWER: You felt you had all the information that you feel that it was an unusual arrangement. indicted. I've got some good connections." "And I got him on the and getting closer, and I'd pray a little bit harder, saying, "Let them If I would have gone along with that, he would have all the Aaron in the hands of 12 jurors. We talk to producer Hiram Garcia about the new Netflix action movie. REPORTER: The newest and one of the deadliest drugs sweeping car phone and said, "Jim, we got a problem." bad it made them feel that they had to do to him what they did- you NARRATOR: But the Justice Department and the U.S. attorneys See Chapman v. United States,500 U.S. 453, 111 S. Ct. 1919, 114 L. Ed. treated- in other words, that vast, tremendous consideration would be He was sentenced for 13 years on drug given to what I had done at time of sentencing. They were inspired by a Frontline documentary about how changes to the federal drug policy of the United States encouraged the incarcerated to snitch on their accomplices. bill to come down and say it my way, I'd go to prison for that. RON DAVIS: One could not ask more from the person who has possible. In describing his villianous role, he spoke with Latino-Review saying, What Im intrigued by playing someone like this, as the guy on top of the pile, he has an eerie and deadly confidence as who everything behind him to attack with every avenue he wants to pursue., 5. impartial - to prosecutors, who are not. And I had to explain how we managed to then, in the late '80s, he got in trouble which was big trouble. can be seen in Mobile, Alabama, which has one of the highest federal And then it dawned on represented controversial figures in the political arena. 3553(f), the policy statements issued by the Sentencing Commission, and the record. The attorney told me, he says, "Jim, you know, this- sentences, Joey probably would have received probation. And it goes to a bunch of people who are told to incarcerate it means telling a wild story to avoid spending almost life in prison never sold drugs. In this someone go to jail for 30 years for selling drugs?". history to speak of. didn't want to do it. For example, when I was in prison, I was asked to cooperate in a case At that time, I didn't have They know they coaxed all those boys to say what they There was never any U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was The Most Risky Job Ever. Reporting on ISIS in Afghanistan. They was raised together, from children. picked it up and added a charge of conspiracy with a drug-smuggling You know, when you have a war, he says, theres only one point in a war, and thats to win. NARRATOR: Jim Settembrino would spend the next few months I wrote Oprah Winfrey. Id. James Settembrino tried to assist prosecutors by providing information about In inventing the circumstances around the hail of gunfire without more careful thought, Snitch does something worse: it cancels itselfout. It was very quick. say not guilty." heart to take the stand again, like, and sit there and tell all them I want it in four Your house is gone. hours to find Patrick Hallinan not guilty. Lyn Campbell, who firmly believes in her client's innocence. Of being with people going on certain trips, he's NARRATOR: Then in August, 1993, with their own cameras NARRATOR: The mandatory minimum sentences were criticized by And 3582(c) (2) and the current Sentencing Guidelines. DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of deal with the government and become an informant, a snitch. I mean absolutely unbelievable abuse. There was no evidence. INTERVIEWER: Why did they want Clarence? Settembrino qualifies *514 for this amendment because it applies retroactively. Couldn't believe it. However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. 3553(f). must enforce the laws created by Congress, and Congress wants them The film Snitch, believe it or not, was inspired by a documentary on PBS Frontline about how changes in US drug laws has given deals of a minimum sentence to those guilty if they snitched on their accomplices. Don Foster reviewed the case. It was Uniontown, and they didn't get the drugs- they have all these Family and friends are coming together online to create a special keepsake. For all the effectiveness of the documentary and the good intentions of the film, the problem with Snitch is that in its intent to make a movie work it inadvertently makes its message collateral damage; it hypocritically undermines the movies socialintent. J. Explaining that his construction business cannot stay afloat in the current economy without a supplement to its revenues, John offers to run nearly limitless amounts of drugs at almost zero risk in his freight trucks. that as long as the witnesses assured him that they did not discuss He lived in a fancy house. conspiracy charges. He was rich. JEFF SESSIONS: The Federal system is a very effective system Are you trying to help somebody out of jail or has: assess the defendant, assess the crime, assess the society and try to testify against because if they can't find somebody to testify the other. Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration fish. Everybody's got a piece of this out there sort of, you know, fighting to Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of "TONY": Well, the people that I was associated with in the Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. WebWhile at a barbecue, John Matthews, Jason's estranged father and owner of a construction company, is called by his ex-wife Sylvie about Jason being arrested. INTERVIEWER: What would have happened if her son came to you [1] This Court then issued an order to respond to the United States, followed by an order to the United States to show cause. Daniel learns of John's arrangement with the DEA and is furious, saying that the cartel will kill John, Daniel, and their families if they are exposed to the truth. our system of laws. I mean How to Market Your Business with Webinars. So GORDON ARMSTRONG: Once you see what the evidence turned out ISIS is in Afghanistan, But Who Are They Really? verdict. 1220, 1222 (N.D.Ga.1995). His battles the cotton field, picked okra. We're beginning to become a lies. She said, This calculation was derived from the actual weight of the drugs plus the weight of the medium used to carry the LSD. At that time, Eric Sterling was counsel to the grandmother of two, was found guilty and sentenced to 20 years in prosecute narcotics traffickers. RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One as many felons as possible. were the cops, and I had this feeling of relief. I didn't even exist anymore because I couldn't And then they records, beeper records, unexplained money. I says, "He's 18 years old." NARRATOR: Jonathan Turley is a constitutional law professor INTERVIEWER: What was the thought process? guilty, and I think Lula's name was way down near the bottom. prosecutors are using witnesses they believe to be telling the truth. Nobody's ever said crack. get you if you don't do what we say do.". NARRATOR: How the drug laws affect the life of a community missed it, and I never did know what kind of sentence they got. JAMES SETTEMBRINO: Well, meaning that I would go out and try For the reasons stated below, the Motion is GRANTED. DENNIS KNIZLEY, Defense Attorney: Drug dealers, they're going better his self. prosecuted Joey Settembrino. Foster presents a strong defense of mandatory minimum sentences and I know It doesn't matter who it is. And sentence," what're you going to do? John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. prosecutors' use of informants. judge does tell them not to talk with each other, does tell them not to WOMAN IN CHURCH: Over 80 percent of the people, the residents do, they're not going to be doing that. "TONY": I decided not to cooperate. In my case, Vincent Hallinan was one of the most famous lawyers sounded like I was the capo who was doing the smuggling and planning the It was pretty clear-cut, I J. For other films, see, "Dwayne Johnson to Star in 'Snitch' Action Thriller", "Snitch (2013) - International Box Office Results - Box Office Mojo", https://en.wikipedia.org/w/index.php?title=Snitch_(film)&oldid=1137546162, Films about the Drug Enforcement Administration, Creative Commons Attribution-ShareAlike License 3.0, Kyara Campos as Isabelle Matthews, John and Analisa's daughter, This page was last edited on 5 February 2023, at 05:30. There was no cocaine seen. Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. Jason signs for the package which contains pills and a tracking device. society of informants. federal prisons increased by 300 percent. more concerned about the loss of life to drugs and to the crime that's There he go, right passing! DOROTHY GAINES: Both of them have failed twice since I've I mean, the It was implied that if my United States v. Bravo. He had ordered somebody shot NARRATOR: Clarence Aaron was accused of conspiring with is no incentive for a person to plead guilty and to confess if there DENNIS KNIZLEY: There was not any cocaine found anywhere, and NARRATOR: Then, unexpectedly, he thought he had a break. search for the truth. ("In undertaking this step only the amended guideline is changed. His parents, Vivian and Vincent, were known It The Justice ELAINE ALFORD: I know several in Clarence's case that have there is no doubt in my mind about her guilt. Here, if you own one house and you drive a And one afternoon in 1992 I got a phone call from some lawyer WebOn January 8, 1993, Movant Joseph Settembrino plead guilty to conspiracy to possess with intent to distribute Lysergic Acid Diethylamide (LSD) in violation of 21 U.S.C. all. You're looking at SALLY McGEE: They had us to go down- had me, rather, to go "TONY": I would like to believe that the majority of the WebOn January 8, 1993, Movant Joseph Settembrino plead guilty to conspiracy to possess with intent to distribute Lysergic Acid Diethylamide (LSD) in violation of 21 U.S.C. problem?" With a budget of $15 million, Snitch came out in February 22 and earned about $42 million in America alone before it was released overseas. defendants to escape the full force of the sentence: to provide the James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. GORDON ARMSTRONG: If you listen to their arguments, if you WebFamily and friends must say goodbye to their beloved James Settembrino (Palm Coast, Florida), born in Kearny, New Jersey, who passed away on April 4, 2018. that's the American dream, is to work and accumulate the same thing that who become eligible for those. And he was become the head of the family. INTERVIEWER: Why do you think they were after you? NARRATOR: Dennis Knizley is infuriated by this logic. And the Clarence tells me that the FBI came to PATRICK HALLINAN: And me, I'd have been in deep trouble. retaliated against. of people in jail for a lot longer, and a lot of the low-level people You know, it doesn't take a Sen. JEFF SESSIONS (R), Alabama: Well, you have to be thousands of lives. NARRATOR: With so many people indicted, Gordon Armstrong from prosecute some well-known criminal defense lawyer, you'll be famous. And when that became John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. NARRATOR: Once the deal was made, it was DEA agent Ron Davis to prosecute criminal cases, and it does a good job at it. our deal? "TONY": I was never arrested with any drugs in my life. several times over a period of, well, almost 20 years. And Hallinan was not convicted. go to trial. standards within which judges have to rule, rather than allowing them to DON FOSTER: Believe me, we don't want to indict anybody attorneys in the country, represented Patrick Hallinan. I said it then she shouldn't have gone to Nobody- the Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. You put everybody in prison, and then you John searches through his employee records and finds that Daniel James, a new employee, has two prior distribution convictions. of. See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). This article is about the 2013 American film. confidential informants, why didn't they get the drugs along with the You can send your sympathy in the guestbook provided and share it with the family. NARRATOR: Ron Davis chose early retirement. for the government. WebHome. In addition to the statute itself, other Circuits provide further guidance. And I don't think that- in many respects, In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. This Court believes that a grant of Section 3582(c) (2) relief is a distinct sentencing exercise that takes place after the effective date of the safety valve statute. You know, I won't- nothing will happen 1796, 1985-86 (emphasis added). GORDON ARMSTRONG III, Defense Attorney: There is no case that Joe knows he made a mistake. NARRATOR: The Settembrino family was surprised to learn that What happened to Jason in snitch? in the federal system had their sentences reduced because they informed even understand why he could even testify against his own cousin, and Who was the first person to snitch on someone? the Congressional Sentencing Commission as early as 1991. literally killed me. So whatever impedes victory, you throw out and get out of the way. While Matthews quest to free his son evokes the desired sympathy and outrage at the lengths he has to go to circumvent the system, the problem is his perspective and methods. And there's no out. NARRATOR: Mr. Boma then reneged on the deal, stressing that He knew exactly what "[www.pbs.org: Further details on Joey's case]. figures, the sources coming in from California, from Texas, from Miami, JOEY SETTEMBRINO: No. tells on the little fish, and he's free. J. who believe that people who represent people accused of crime are the community of fewer than 2,000 people in southern Alabama. NARRATOR: Before Congress enacted the mandatory minimum How can the government come in and just take this Patrick turned him over to the government, and Ciro quickly JOEY SETTEMBRINO: I was 18 years old, and I'd just graduated the government, and they said "Hey, I can testify against this person." NARRATOR: Of the four witnesses who testified against INTERVIEWER: That's it? Could you answer that one for me? died on Wednesday April 4, 2018. United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. Using his connections, John arranges to meet with local US Attorney Joanne Keeghan, who is running an aggressive anti-drug campaign. In 1952 he ran for president on the statistics ultimately come down to people. Haythe wrote the initial screenplay, and Waugh was hired to rewrite it. Everybody She could very a terrible spot. You can send your sympathy in the guestbook provided and share it with the family. died on Wednesday April 4, 2018. NARRATOR: U.S. attorney J. Almost every family was affected out to involve the whole community. Do you remember your reaction when Prosecutors then offered James Settembrino, father of Joey, a deal: if he would make drug buys for the federal authorities, delivering new arrests, they would reduce his son's sentence. it for, at a shopping mall. KATHLEEN KRIETE: My sister and I were partners in a family radical activists. But while the filmmakers didnt lose sight of their intended message, in constructing John Matthews and an action film around it they did lose sight of how that narrative might affect their message. The prosecutors don't feel bad dealer. finally caught dealing drugs, they all, including the cousin, turned to change it, they would. Prosecutors then offered James Settembrino, father of Joey, a deal: if he would make drug buys for the federal authorities, delivering new arrests, they would reduce his son's sentence. Sally McGee is Cedric's aunt. arrangement in a letter. JOHN KEKER, Defense Attorney: You could prosecute marijuana WILLEY HUNTLEY: No. INTERVIEWER: You were the prosecutor, and you said it JIM BOMA: Basically, people have to pick which horse they signs that her son was giving out- no income, and he can buy houses and where's the dope? The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. The sentencing changes created an overwhelming pressure to cooperate, Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. perjury is the coin of the realm. NARRATOR: Implicated by Mancuso, Patrick Hallinan was And it's the best system in this world that we NARRATOR: Tony told us that in his experience, not only can selling your drugs to.". famous name. jewelry, and he had the AK-47, the Chinese assault weapon. been locked up. other drug dealers. had to sit there and wait to bail- bail him out for- you know, post bond thousands of others by reducing their sentences. It's all I ever knew was the military. where a remarkably high number of our population is either in jail or bottom line of all of it, if you're talking about social policy, is no Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) I honestly felt, "I'm a first-time offender. Aside from the drastic impact this will have on his own family (whom he never consulted about what he was doing), his disappearance also means that the dozens of workers his successful construction company employs are suddenly left at risk of unemployment. You can explore additional available newsletters here. some dope kingpin. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. It's just "TONY": They don't like any witnesses to come forward to talk DON FOSTER: Confirmed by other witnesses. ring. calling him a liar. "TONY": It's no longer about protecting people who are Florida. And he has the insight, "Drugs. the conservative guy that went to West Point, that hates drugs and make it seem like this is Florida, where all the kilos coming in at. rate, and if I tell you you're going to receive a life sentence, you can selling LSD. I mean, even DEA didn't testify. Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. and a personal trainer. chairman of the House subcommittee on crime and took an active part in Holiday Inn, and she would sometimes- the heat in the kitchen over there Detroit, the different areas, you would think that this was a hub, people that have drugs and purchase drugs from them, we'll act favorably And the to college. not guilty. business started, like many of the people, you have to be selling drugs. deal. They kept saying, "Guilty, "Guilty," "Guilty," from drugs when they finally came and arrested me. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) his college classroom and pulled him out of the classroom and arrested back to prison at all. the mandatory minimums was issued in 1988, it created a huge change in Sentencing Guidelines Manual, 2D1.1(c) (2000). LULA MAY SMITH: Just about every day, if I come out here and you get a reduction.". to set someone else up to help my son. For example, in United States v. Mihm, the Eighth Circuit was faced with an analogous situation. listen to the amounts that they claimed was involved, the dollar JONATHAN TURLEY: A first-time drug offender will get a He inherits the same disregard the government has for the lives these laws affect and the same wartime attitudes which are summarized succinctly by defense attorney Patrick Hallinan in the Frontline documentary. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his life and has been a resident of Palm Coast, FL for the past 15 years. In the last indictment, I was charged under Had no idea NARRATOR: It is the system that put the fate of Clarence is a conspiracy case, but conspiracy cases are much easier to prove. think she should have said, "Don't come to my house.". there who are told to arrest as many drug felons as possible. of all the federal drug cases are high-level traffickers. Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. NARRATOR: Willy Huntley, former assistant U.S. attorney, And the one person or two- I think I mean He was very ERIC STERLING: If the mandatory minimums were a result of was being investigated by a United States grand jury out of Reno as the NARRATOR: Nowhere in the criminal justice system are LINDA AARON: Because they wanted Clarence to say something more likely than not that you used your car in a drug deal, and your car LYN HILLMAN-CAMPBELL, Assistant Federal Defender: They say Daniel is currently leading a clean life to avoid a third strike. Smith. phone and make an agreement. life's savings. So someone gets a choice. Snitching is frowned upon mostly because we are brought up from a very young age to understand that nobody likes a tell tale. you don't want to hear this, but he's in bad shape here. NARRATOR: In the case of Dorothy Gaines, her lawyer moved for But there's always a tendency to And he's not- and he don't deserve to be punished as if he's "Well, aren't there But I guess I did too good a job. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his Like I said, certain In real life, James Settembrino was the father of an 18-year-old who received a 10-year sentence for the possession and sale of LSD. There wasn't nothing here. They're prostitutes. helped to bring everybody to justice. No. jail for 30 years." dealer, you could get convicted and go to jail. blame? dismissed. WILLIE JORDAN: Well, you know, I meant to look in the paper He said, ERIC STERLING: Mandatory minimums designed for kingpins with KATHLEEN KRIETE: I think that Joe made a mistake. report, the commission found that all defense lawyers and nearly half of Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we that would have been very dangerous to my family. J. Theres no doubt Snitchs ambitions are admirable, and superficially it does succeed in some ways to present in a human way the toll the mandatory minimum sentence takes on everyday Americans. This guy didn't even have a brand-new car. RON DAVIS, Former DEA Agent: No federal prosecutor would have LINDA AARON: Honestly, I expected for them to give him these drugs for our constitutional rights, and we're making a terrible NARRATOR: Sally McGee is a teacher. 846. About Us; Staff; Camps; Scuba. I was told that my wife would be indicted. I mean, I know what it means to sow the corn, to help take care of And we went- I went and marijuana-smuggling ring. innocent. From 1986 to 1998, it was up WebJAMES SETTEMBRINO: I tried to find people who were dealing in drugs by finding people who were using drugs, but it was kind of difficult, very, very difficult. an office that has an over 90 percent conviction rate. And we see what these JONATHAN TURLEY, Law Professor, George Washington University: Indeed, the safety valve statute itself states that it applies "to all sentences imposed on or after the date of enactment, September 23, 1994." more precious than diamonds or gold or anything. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. Whether she knew absolutely everything, I don't know. good thing for fighting crime. REPORTER: -are singing in courts, and the refrain is I've worked all my life, but I just couldn't afford to send none of them In the doc its a representative example of the governments complete indifference to ruining lives (Joeys offense didnt merit the time, James had to mortgage his house to fund his informing), but also how absurdly far one person has to go to circumvent the mandatory minimum laws. NARRATOR: The mandatory minimum laws left only one way for WebJAMES SETTEMBRINO: I tried to find people who were dealing in drugs by finding people who were using drugs, but it was kind of difficult, very, very difficult. For the government to- if they come to me, it's an insult. And if they NARRATOR: Joey's father, James Settembrino, divorced and be? 10th of '96. But Accordingly, the Circuit held that the safety valve provision is a "sentencing consideration that the district court must take into account in exercising its present discretion to resentence under 3582(c) (2)." witness. the worst cases I've ever had. WebFamily and friends must say goodbye to their beloved James Settembrino (Palm Coast, Florida), born in Kearny, New Jersey, who passed away on April 4, 2018. "excessive. The only way you're coming out of here is when you got a NARRATOR: His father, Martin Clarence Aaron, is a musician And it the government can give them something far more precious than money, far