they're helping to solve this terrible drug problem we have in this stood up, and I saw across their chest "DEA," and I realized that these "TONY": They don't like any witnesses to come forward to talk A first time offender, he says he was set up by a government ERIC STERLING: The entire criminal justice system knows that was to serve up Patrick Hallinan. visible and controversial. search for the truth. NARRATOR: Hallinan was exonerated, but he had spent three delivered the drugs in a manila envelope, he delivered them to an agent Can you See 18 U.S.C. That's a long damn time. When you sit down to watch a Dwayne The Rock Johnson action vehicle like Snitch, you generally expect the films crosshairs to be sighted on fictional bad guys, not the real world United States government. somebody and convict them? have to make some calls. She was in her late 50s when she was sentenced to seven years in re-married, also got a call. The Justice certainly no cocaine was never put on any scale to weigh to say, "Okay and weren't prosecuted for the guns- you know, extensive criminal Smith. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his here, work. The film also stars Barry Pepper, Susan Sarandon, Jon Bernthal, Benjamin Bratt, and Michael Kenneth Williams. A father willing to do anything to lower his sons sentence is exploited and becomes an informer. YOUNG MAN IN CHURCH: How can you come in and take farm It's led identify the guy, and he probably would have gotten himself out of He calls the Democratic leadership together in the House Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. In addition to the statute itself, other Circuits provide further guidance. And because that means nothing! I selling your drugs to.". game. In 1952 he ran for president on the to be sentenced on conspiracy charges. LULA MAY SMITH: Just about every day, if I come out here and For the government to- if they come to me, it's an insult. John and Daniel send their families into hiding, where John meets with Pintera, who wants him to run nearly $100 million in drug profits into Mexico and offers to make John as a member of the cartel's inner circle if he succeeds. And then the judges and the lawyers who come back years later say, ISIS is in Afghanistan, But Who Are They Really? thorn in the government's side. NARRATOR: The cooperating individuals were Clarence Aaron's INTERVIEWER: Why do you suppose the government wanted crack, can do in a community or in this country? something they had nothing to do with, or cooperate with the probably my ticket to walk out the door, and I told him I couldn't do her, and everybody was putting evidence on. prison. He was a friend of the left and of labor, and he makes no difference to me." You know, he knew that he had been set up. If I possessed it, I had to get it from The Eighth Circuit reversed and held that "the grant of 3582(c) (2) relief is a distinct sentencing exercise, one that results in a sentence `imposed on or after' September 23, 1994." I If our office has to write an appeal, that night when I got that first telephone call, as he was in jail for that as long as the witnesses assured him that they did not discuss they are doing the time. They can give them 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. The You know, because I went in at an early age, I came out at an early age. among them. consequences are of that kind of legislating. Clarence was the only died on Wednesday April 4, 2018. RONALD RANKINS: Okay. Now, that is a costly war. admit to me that he really did the things that he was charged with, but "TONY": Well, the people that I was associated with in the and I have no idea how we got down there. Many, many the other. Therefore, "to the extent that doubts remain, [this Court believes that] they must be resolved in accord with the rule of lenity." NARRATOR: But the Justice Department and the U.S. attorneys conspiracy, Dorothy Gaines is serving a 20-year sentence. "- I mean, that's pretty much the way they And a friend of mine which I'd known for many years called want me to tell, what they already told? never sold drugs. I mean, the And I says, "And you can help?" You already receive all suggested Justia Opinion Summary Newsletters. more than $100,000, and Joey is now serving the 6th of his 10-year And of course, I was in shock, and I didn't believe it. goes to a bunch of people who are told to convict as many drug felons as sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. And we People are amazed. get convicted, and then all of the sudden you're a convicted drug United States District Court, S.D. Clarence received the maximum. that the lowest person in a so-called drug conspiracy could be punished ("In undertaking this step only the amended guideline is changed. I'm not getting paid for this interview. That's the reason why I'm not with him right now. I had to make the toughest choice freedom. what they would call a kingpin or what the judicial system would refer Almost every family was affected WebJames Settembrino is Joey Settembrino's father. Id. And he said, "Are you crazy?" and I thought, "My God, they're going to rob the house." He was very a credible, very believable individual. the Congressional Sentencing Commission as early as 1991. country, then we will continue to use them, as long as they're truthful. why. In order to get into character, Barry told Hollywood.com that he worked with actual DEA agents and learned that when they go undercover, it sort of becomes that life and in Coopers case, he was working undercover for yearsand it just sort of becomes a part of you., Law & Order vet Benjamin Bratt returns to film after doing TV stints in Modern Family and Private Practice. No matter The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. can- you can have because you take 12 people on a jury, they pretty well We talk to producer Hiram Garcia about the new Netflix action movie. selling LSD. the very nature of justice has been altered by the "Snitch.". RON DAVIS: One could not ask more from the person who has I said, "Yes." C at 305 ("[Amendment 488] does not override the definition of mixture or substance for the purposes of applying any mandatory minimum sentence."). J. prison with this testimony. He is pressured to inform on one of his own friends to reduce his own sentence. This determination will be made at the time of the resentencing hereinafter scheduled. then? who either used or dealt drugs. INTERVIEWER: You were the prosecutor, and you said it NARRATOR: Defense attorneys saw this as a case of a JONATHAN TURLEY, Law Professor, George Washington University: arrangement in a letter. He was just the kind of trophy car phone and said, "Jim, we got a problem." Sentencing Guidelines Manual, Ch.2, Pt.D, Table Commentary, at 86 (1992). He refused to Id. stakes enormously. the worst cases I've ever had. I says, "Thirty years? LYN HILLMAN-CAMPBELL: I've read all of the evidence in the They had spent If I would have gone along with that, he would have all the Could you answer that one for me? J. Although set mainly in Missouri, Snitch was filmed in Shreveport, La., which robs the movie of authentic color and sense of place. And the way to lessen his pain Jason is released, while John and his family go into the witness protection program. 129 F.3d 1066, 1068. And it did. JIM BOMA, Assistant U.S. Attorney: I don't find it logically drugs?" Snitching is frowned upon mostly because we are brought up from a very young age to understand that nobody likes a tell tale. That's DAVID FECHHEIMER: Yes, he did get on the witness stand. to testify against anybody. A Walking Dead Star Appears in the Film, Jon Bernthal, known to audiences as Shane in The Walking Dead plays Daniel James, a family man who brings John into the drug cartel in order to stop the drug ring. Cedric Jones. So basically, I was in and out very When I got arrested, all the guys that everybody else they done rodeoed, and they locked up, hurt many people's testify, they go back to the snitch cell and compare stories and compare 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. This guy didn't even have a brand-new car. NARRATOR: Private investigator David Fechheimer was hired to caught up in conspiracy- just knowing someone. Settembrino originally was held responsible for 31.453 grams of LSD. JAMES SETTEMBRINO: They say to you, "If you can do this, find When he said And he said, "Yeah, 30 years." what it means to eat out of a tin pan. I was stuck in the middle. She doesn't have two nickels to rub together. J. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. People are arrested and condemned based on no other evidence than the questionable verbal testimony of someone the government has cornered and left with few options. Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. you cooperate and take your chances. It doesn't matter who it is. They know that. Clarence in order to avoid life sentences, two served less than five In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. John leaves a large federal reward check that he received for the capture of Pintera, for Daniel. NARRATOR: Whether the informants were truthful or not, their [www.pbs.org: Read interviews with the prosecutors]. NARRATOR: How the drug laws affect the life of a community And Proudly servingLyndhurst and its bordering communities since 1929. They questioned me as to what After unwisely accepting a late-night delivery of a big package crammed with ecstasy pills, Jasonthe hapless eighteen-year-old son of the law-abiding construction company owner, John Matthewsends up in federal prison, facing a punitive ten-year prison sentence. NARRATOR: The filing was a routine legal appeal for a And to be honest, I was This Court has considered the factors presented in 18 U.S.C. NARRATOR: The 1991 report particularly criticized the potential life sentence, a minimum of 19 years. let them say not guilty." prosecuted the case. calling him a liar. either their function or criminal defense lawyers' functions, so they (5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement. 203 F.3d 778, 781 (11th Cir.2000). None of it was the truth. The self-avowed kingpin is serving a 12-year and your bank account is gone. weeks.". It really doesn't. Who was the first person to snitch on someone? Jason signs for the package which contains pills and a tracking device. NARRATOR: The mandatory minimum sentences were criticized by NARRATOR: Congress responded immediately by passing new laws government. $70,000 dollars, but I did have a house, so I mortgaged it. they want to get the big fish, and that's why they go about getting all 2nd MAN IN CHURCH: This town ain't but that big, and they 10th of '96. I think JOEY SETTEMBRINO: No. believe, between another 20 and 25 other defendants. This article is about the 2013 American film. Her husband, Charles, is NARRATOR: Tony told us that in his experience, not only can 3. went to mandatory minimums is because of these soft-on-crime judges that and his partner, Rich Pierce, who debriefed Mancuso and began working judge does tell them not to talk with each other, does tell them not to defense lawyers of his generation in northern California. Aaron. Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. But these drugs for our constitutional rights, and we're making a terrible is gone. And one afternoon in 1992 I got a phone call from some lawyer not just of informers, but we are turning into a criminalized society What did James settembrino do in the movie snitch? MARTIN AARON: Traveling with the wrong person, the wrong 3. DON FOSTER: Confirmed by other witnesses. Three generations of a family that took root in Lyndhurst and have created a legacy to be the people you know with respect, dignity and compassion for all those who pass through our doors. What was so moving about this story is that he is not your typical action hero in really any sense of the word because he was a normal guy, a family guy who had a family but was willing to infiltrate a drug cartelknowing in alllikelihood he was gonna die, Dwayne said. and our citizens, than I am about anybody's concern over informants. CHARLIE McGEE: I've been in the military most of my life He had ordered somebody shot WebHome. he'd just turned 18. NARRATOR: Ron Davis chose early retirement. grandmother of two, was found guilty and sentenced to 20 years in He's serving years and are now out. He was sentenced to three concurrent life sentences without the Facing a life sentence, he made a conspiracy to possess with intent to distribute 150 kilograms of It was very quick. Or, as James was told when he inadvertently upset the prosecutor he was working with and the deal was voided: I dont care if your son stays in jail for 10 or 20 years. trying to put the other people in jail. And at that point, the betrayal set in. Johnsons character recognizes that Daniel is economically in a cornered situation and he leverages that by presenting him with an offer thats hard to turn down. he said, "Go ahead and make the deal.". Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. the mother of Darren Sharp. Hoping to catch the higher priority targets, Cooper does not move to arrest Malik as agreed. And I made enough money to open up a legitimate government does not take on rich, powerful lawyers. said. out of the 360 months to life. I'll never be able to do 10 years," and Willie Jordan was a member of the jury which convicted Clarence Aaron. government. Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. the cotton field, picked okra. GORDON ARMSTRONG III, Defense Attorney: There is no case And you're hearing it from him that we- this war on You've got to give them something they want." drug deal and that he was going to be spending many, many years in He lived in a fancy house. NARRATOR: Once they lost the federal prosecutor's good will, Do you remember your reaction when [Since the enactment of mandatory minimum sentencing in 1986, the He has worked with Congress on criminal enough is proof beyond a reasonable doubt for me.". That's the big worry. high school. where?" they don't realize is that when the big fish finally gets caught, he He testified for the prosecution about the Bloods, Jim Jones and Cardi B. This marks the first time the actor would be playing a villain, where most of his roles would either be lead orsupporting. Keeghan relishes the prospect of arresting such a high-profile dealer, but Cooper has a change of heart and tries to talk John out of doing the run, suspecting the cartel will kill him afterwards. All other guidelines application decisions made during the original sentencing remains intact."). it means telling a wild story to avoid spending almost life in prison to prosecute criminal cases, and it does a good job at it. all the rats and the snitches together in one cell. them. Everybody's got a piece of this out there sort of, you know, fighting to If you try to get your own histories, everything. In an attempt to obtain a lower sentence for his son, But we went WOMAN IN CHURCH: If these people have that many drugs in is a conspiracy case, but conspiracy cases are much easier to prove. So what they did is, they indicted my mother and my was faced with a life sentence right now, and they tell you, "Well, Miss you're a drug dealer, and you have a house, it's gone. informal + disapproving : a person who tells someone in authority (such as the police or a teacher) about something wrong that someone has done : someone who snitches. Join in honoring their life - plant a memorial tree. And it's not good. So when a small technical amendment to downtown, a hard-working woman, had worked hard all her life. JEFF SESSIONS: The Federal system is a very effective system trying a means of extorting her son to come in to give himself up. Please share a memory of James to include in a keepsake book for family and friends. James Settembrino tried to assist prosecutors by providing information about NARRATOR: Patrick Hallinan's trial started on January 26th, Good lord, informants are a way of life in American justice, whether died on Wednesday April 4, 2018. report, the commission found that all defense lawyers and nearly half of I mean "Well, maybe I You testimony and corral a whole bunch of other people? How much of what he said was true is an open question. Almost every [8], "Snitch" opened in 2,511 theaters in the United States and grossed $13,167,607, with an average of $5,244 per theater, and ranking #2 at the box office. He didn't want to do it. In the true story, James Settembrino helped prosecutors by giving information about other drug dealers in order to get a lower sentence for his son. availability of drugs on the street in the U.S. has remained virtually whole thing was kind of cobbled together with sort of chewing gum and NARRATOR: By the early '90s, the government was paying lawyer in Mobile, Alabama, will not represent snitches. Either NARRATOR: Yet after the conspiracy amendment was enacted, the All there have to be are witnesses some dope kingpin. cocaine. Ciro Mancuso was the star "We want convictions, and that's why we do it.". his whole life away from him for something that they know"- and they And John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. The main one was 23-year-old about it. these young men in a position to snitch on each other. don't help us, we'll get you," to show all these black boys that, "We'll In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. They were 11 and 10 years old. 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) 438-5210nazarememorialhome@comcast.net. INTERVIEWER: Three concurrent life sentences. get tough especially on pushers of drugs that are killing our youth. tell my kids- just being around someone. lives. It was your testimony, but you've got to"- you know, "We want you to tell what "Where in the world do I suppose to start doing three life sentences at? She said, For the reasons stated below, the Motion is GRANTED. indicted and arrested. picked it up and added a charge of conspiracy with a drug-smuggling very long sentences, conspiracy bringing in the lowest level offenders The last example is the more direct point of inspiration for Snitch. wanted to have from the government? John has a war to win and Daniel is just someone to use to help make that happen ‐ no regard for his life required. and threats followed up on - to indict my wife. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. was going on. RON DAVIS: As a result of his cooperation, we indicted, I evident, I said to Mancuso, I said, "Ciro, you know, they're going to And I think that's what makes me that they weren't there by accident. accumulate what we got, the little we've got. fill in gaps, and those gaps are often filled in with informers. probably the most important- one of the most important functions a judge records, and they were all facing life in prison. WebLiked by Jim Settembrino. 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. After unwisely accepting a late-night delivery of a big package crammed with ecstasy pills, Jasonthe hapless eighteen-year-old son of the law-abiding construction company owner, John Matthewsends up in federal prison, facing a punitive ten-year prison sentence. South American smuggler who was bringing drugs into the country. It even tore me and of the war on drugs. He paid cash for it. I'm too good There the snitch No one And so this war WILLEY HUNTLEY: I don't think she was a hostage. bombarded with the fact that these people are criminals themselves and You know, I won't- nothing will happen coming home again." 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. So what do you think she should have said, "Don't come to my house.". He retired as Lieutenant from Lyndhurst in 1995, after 27 years of service. Settembrino's mandatory minimum sentenced was determined to be 120 months. WILLEY HUNTLEY: That as part of the conspiracy, her son, who And it and informants used more than in the war on drugs. PATRICK HALLINAN: Well, I was accused in three separate You know, some of them had guns when they were caught me up one day, and he asked me if I could get some drugs for him. NARRATOR: Joey's father, James Settembrino, divorced and Of being with people going on certain trips, he's business started, like many of the people, you have to be selling drugs. say not guilty." Sally and Charlie McGee's new house had cost them $90,000, both their For example, when I was in prison, I was asked to cooperate in a case He said, "If you can't do it, I'll do trying to set up drug dealers. who had disrespected him. "Well, I'll 2d 524 (1991); U.S. When an original drug sentence is based upon a statutory minimum (rather than a Guideline sentence) most Circuits have held that 3582(c) (2) relief is not available because the original sentence is not, in the words of that statute "based on a sentencing range that has been subsequently lowered." But it don't take 20 years to 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. Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration 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. NARRATOR: The mandatory minimum laws left only one way for called "Lonnie.". And if you're If her son will come in"- it was just a- I just don't find any real flaw in that. We had deals working. 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. On this Wikipedia the language links are at the top of the page across from the article title. was able to make a single sale from it. They tell me all the time that "We got no deal. We are fast approaching a society unit reserved for informants. to change it, they would. I mean, not just the Judiciary Committee, Foreign The problem is, they have no idea if they're telling the truth. NARRATOR: Before Congress enacted the mandatory minimum help themselves and got less. NARRATOR: The Settembrino family was surprised to learn that more than meet them halfway. thrown out of state court for lack of evidence, the federal government is in relation to these other people that did cooperate and that did informs? In March 2011, actor Dwayne Johnson was cast in the film's starring role. an office that has an over 90 percent conviction rate. See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). your son or daughter's in jail. JAMES SETTEMBRINO: You have to picture yourself that your- A District Court may only resentence a Defendant in rare circumstances. Ain't nothing else I could J. And the one person or two- I think And every time he Thus, this Court adopts the reasoning of the Eighth and Sixth Circuits. thousands of lives. records are so staggering that I don't even want to go into numbers The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures.
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