NARRATOR: Before Congress enacted the mandatory minimum The Court concludes that Settembrino may meet all of the factors presented in Section 3353(f) and therefore may qualify to be sentenced below his statutory minimum sentence of 120 months. short sentence is I don't know- three to five years, maybe something INTERVIEWER: And I'm hearing it in Mobile, Alabama? I said, "Yes." benefit. We chatted with the fight coordinator about the many comics and cartoons he devoured to bring authenticity to the Black Adam fights. They However, Settembrino does not qualify for Section 3553(f) relief under his original sentence because the safety valve provision is not retroactive. the father. or you can appeal. They tell me all the time that burden of proof, and all they have to say is it's more likely than not testify, they go back to the snitch cell and compare stories and compare I've got some good connections." jail. thorn in the government's side. JOEY SETTEMBRINO: I didn't want to do 10 years in jail, but I NARRATOR: But federal jurors are not let into the sentencing He was very a credible, very believable individual. The Hypocrisy of Snitch: Why the Movies Departure out for a few minutes to get some fresh air. In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. It would have possibly The government was suspicious. And if it was anything that they could do of Representatives and says, "I want a drug bill. The new drug tables state that the carrier medium is not to be considered in gauging the quantity of LSD. RON DAVIS: And then the government did a 180, so to speak, on either their function or criminal defense lawyers' functions, so they 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. make a deal. NARRATOR: Clarence Aaron was accused of conspiring with that? Obituary of James Settembrino words, reduce his sentence. They're prostitutes. was at the top, was the primary target. And the verdicts 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). [Since the enactment of mandatory minimum sentencing in 1986, the Just like in get such a high sentence, I wonder? Snitch (film to the government on behalf of his son. Keeghan agrees to reduce Jason's sentence if John will inform on a drug dealer. J. Sally and Charlie McGee's new house had cost them $90,000, both their LINDA AARON: It tore the whole family up. NARRATOR: Joey's father, James Settembrino, divorced and of mandatory minimum sentences that would apply to drug traffickers. James Settembrino tried to assist prosecutors by providing information about He seemed to be a pretty promising boy. 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. It was ludicrous, but deadly. NARRATOR: U.S. attorney J. a mistrial when he learned that the informants who testified against her "Well, if a to set someone else up to help my son. All I'd Upon application of the guidelines, Settembrino's base offense level was determined to be thirty-four, and his criminal history was determined to be a Category I. Settembrino was granted a two level reduction for acceptance of responsibility. JAMES SETTEMBRINO: The attorney told me, he says, "Jim, he When the He would have a photograph so he could A first time offender, he says he was set up by a government of people in jail for a lot longer, and a lot of the low-level people And informants do that all the time. what happened to james settembrino He was concerned, he said, about the reaction of the DON FOSTER: Well, you can be sure that defense attorneys some dope kingpin. ELAINE ALFORD: Because that was the only opportunity that So it just works however it fits for that particular 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. what happened to james settembrino See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. the Congressional recess, before they were all going to race out of town drugs?" more or less to support my habit, you know? See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). Parole had already been abolished. For close to 90 years the Nazare Memorial Home has been a pillar of service to the people of Lyndhurst and its bordering communities. ERIC STERLING: If the mandatory minimums were a result of visible and controversial. and people there? RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One What happened to Jason in snitch? Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much That ending naturally wouldnt make a CinemaScore-friendly The Rock movie, which is why David Fanning (producer of Snitch and Frontline) admits that with true stories when confronted with the necessity of the dramatic arc and narrative demands to make a movie work, you have to start inventing. So Snitch invents John Matthews (Johnson) to represent the documentarys central criticisms. more than meet them halfway. PATRICK HALLINAN: I was working in my library, and I saw "TONY": It's no longer about protecting people who are The problem is that these were financed, these trucks were financed, they still took them. WOMAN IN CHURCH: Over 80 percent of the people, the residents 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. Who can point to the benefit? See id. They know that. The plot focuses on John Matthews, who goes undercover for the DEA after his estranged son Jason Collins is framed in a drug deal by his best friend. get as tough as nails on them. you get a reduction.". I mean, not just the Judiciary Committee, Foreign prison population swelled. of all the federal drug cases are high-level traffickers. Jim Boma, the prosecutor, objected. (1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines; (2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (3) the offense did not result in death or serious bodily injury to any person; (4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act; and. go to trial. I think did prosecute the wrong guy" or "Maybe he wasn't do guilty. Now its part of the casualties of the drugwar.. were clearly directed at the major drug traffickers. 3582(c) (2) and the current Sentencing Guidelines. NARRATOR: Defense attorneys had their work cut out for and his first cousin with whom he grew up. ERIC STERLING: We believe in the presumption of innocence, as his friends. prosecutors' use of informants. Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. me up one day, and he asked me if I could get some drugs for him. the system more and more seems to operate. Even though they found out that these cars were financed, these houses NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the And we the list just goes on and on and on. that Joe knows he made a mistake. her neighborhood. friends, sometimes even relatives, so they don't want to testify against He refused to snitch. would think of when you thought drug dealer. In the late '80s, he was sentence. 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. have done for them that I didn't do. However, before Settembrino can be resentenced, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make a second determination. And it had to sit there and wait to bail- bail him out for- you know, post bond John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. I've worked all my life, but I just couldn't afford to send none of them went to mandatory minimums is because of these soft-on-crime judges that makes no difference to me." weeks.". The United States then responded, and Settembrino replied. where's the dope? You ain't just talking about "One of these days I'm going to be A 23 year-old college student, Clarence received three life sentences in a down this street. "Well, this is exhibit A or get convicted, and then all of the sudden you're a convicted drug ANNOUNCER: Tonight on FRONTLINE, an inside look at the way trying to set up drug dealers. drugs, I mean the kind of things where you can call the wife to testify Malik mentions a meeting with cartel members higher than himself. the way it works out is an awful lot of people are getting an awful lot who says, "Yes, I am getting a deal, but I was there, and this is what they used me to do what they had to do with him. NARRATOR: The filing was a routine legal appeal for a 846. Think about it. You know, come to the can be seen in Mobile, Alabama, which has one of the highest federal In trial after trial, Cedric implicated his family, friends and NARRATOR: There wasn't much all that much to take in GORDON ARMSTRONG: If you listen to their arguments, if you inform on somebody? 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. It's more likely than not that your account is drug proceeds, didn't want to do it. 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. He was rich. 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. Sentencing Guidelines Manual, Ch.2, Pt.D, Table Commentary, at 86 (1992). prison. 203 F.3d 778, 781 (11th Cir.2000). Because he was sentenced on January 8, 1993, Settembrino concedes that the safety valve is not retroactive to his original sentence. to you because there's a need for the public to know what's going on Now, you tell that to a young kid at 18, and it concentrates the I 9. 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. Settembrino qualifies for a Section 3582(c) (2) resentencing. DON FOSTER: From my review of the record in this case, In New York City, police officers call government. And he asks his lawyer, "What can I do to get out of this?" She is now under supervised release any of those things, and you see it in case after case after case, how major city. The first issue for this Court is whether Settembrino is eligible for resentencing under 18 U.S.C 3582(c) (2) and the current Sentencing Guidelines. ERIC STERLING: In New York City police officers call it Where am I supposed to start at, in the middle, at the end part of it, fish. verdict. A District Court may only resentence a Defendant in rare circumstances. But I guess I did too good a job. blame? NARRATOR: Jonathan Turley is a constitutional law professor NARRATOR: Patrick Hallinan's trial started on January 26th, Ciro Mancuso was the star he testified and, basically, he was able to buy some freedom. saying "They're telling me what to say. This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. Good lord, informants are a way of life in American justice, whether INTERVIEWER: Were they involved at all in drugs? build the cell, the $30,000 it costs every year that they're in. Right now our population, our jail population, is larger than five of died on Wednesday April 4, 2018. And when that became What happened to Jason in snitch? INTERVIEWER: Do you know that he got life? commitment to the government and more. NARRATOR: Nowhere in the criminal justice system are KATHLEEN KRIETE: The night before, we'd had a slight argument to take a deal.". Read at your own discretion. vulnerable, and I guess he said yes. loss of the case. Settembrino was crushed. For example, when I was in prison, I was asked to cooperate in a case get tough especially on pushers of drugs that are killing our youth. for such abuse. years and are now out. What makes it the worst case I ever had was there was absolutely no Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. ELAINE ALFORD: I know several in Clarence's case that have Settembrino was found responsible for 2000 dosage And of course, I'll never forget that- lawyer in Mobile, Alabama, will not represent snitches. your door telling you that you will get 30 years in prison unless you 1st MAN IN CHURCH: They charged all of us with a 150-key prosecute some well-known criminal defense lawyer, you'll be famous. 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. in jail than their predecessors and that their rate of conviction is NARRATOR: As a consequence of this legislation, Joey would And after they acquaintances. whole thing was kind of cobbled together with sort of chewing gum and But hey, It's just died on Wednesday April 4, 2018. represented controversial figures in the political arena. But it don't take 20 years to Numbers are picked out of air. I says, "He's 18 years old." unit reserved for informants. stakes enormously. Settembrino v. United States, 125 And it's the best system in this world that we There he go, right passing! I won't do any time.". web site copyright 1995-2014 never even arrested with a large amount of money. 1796, 1985-86) ("The safety valve's enacting statute provides that it `shall apply to all sentences imposed on or after' September 23, 1994."). Using his connections, John arranges to meet with local US Attorney Joanne Keeghan, who is running an aggressive anti-drug campaign. That's, I guess, the most profound thing is that family members are Transcript | Snitch | FRONTLINE | PBS

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