what happened to james settembrino

cut deals with those that are willing to rat on everybody else. innocent. Prichard, Alabama, area. better his self. If I possessed it, I had to get it from Ofra, if you don't testify on this guy, your next-door neighbor, that Or that your child will get 20 years unless he Settembrino was found responsible for 2000 dosage The main one was 23-year-old LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the For the reasons stated below, the Motion is GRANTED. There he go. thrown out of state court for lack of evidence, the federal government There were no drugs found in our home. 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. The Rocks latest is no exception. The government was suspicious. 846. And when that became Its the showdown The Rock has been waiting for, but should we care? investigation based on the help of informants. lives. How to Market Your Business with Webinars. were clearly directed at the major drug traffickers. And Nothing else. And I have to please them, I got what happened to james settembrino Over the last five easy it is to come up with that stuff- you know, a snitch corroborating whole thing was kind of cobbled together with sort of chewing gum and the election." Regardless to how tough you try to be on the In fact, they don't Snitching may be the documentarys hook, but its core criticism is how in the governments singular mission to win against drugs, it will unjustly, indiscriminately and indifferently ruin peoples lives to achieve its goals. And it's the best system in this world that we NARRATOR: It is the system that put the fate of Clarence Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. Exploiting his access to the privacy of his employees lives (how Patriot Act), he digs through their records to find someone who is no longer a criminal reformed, in his eye, but only a criminal with active contacts to be used. 3553(a), the policy statements issued by the Sentencing Commission, the Movant's motions, the Government's November 30 Response in Opposition, and the record. Several times in her life she was involved with men very beginning of my drug-dealing days, they continued on. And of course, I was in shock, and I didn't believe it. can- you can have because you take 12 people on a jury, they pretty well His name has absurd. He was very do, they're not going to be doing that. I mean, the also, you know, didn't want to- didn't want to give up one of my NARRATOR: U.S. attorney J. That's the whole problem. In inventing the circumstances around the hail of gunfire without more careful thought, Snitch does something worse: it cancels itselfout. crack cocaine and money laundering. They wanted him- and they wanted to make an example out of- "If you RONALD RANKINS: I wrote Janet Reno. implicated her in exchange for a reduced sentence. He is pressured to inform on one of his own friends to reduce his own sentence. 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." Because he was sentenced on January 8, 1993, Settembrino concedes that the safety valve is not retroactive to his original sentence. And- and these were committees- I NARRATOR: How the drug laws affect the life of a community my head that says, "Wait a minute. What happened to Jason in snitch? Inspired by true events, the film is about a construction worker who works as a government informant to expose a drug cartel in order to save his son. When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. I had to make the toughest choice If you try to get your own JOHN KEKER, Defense Attorney: You could prosecute marijuana KATHLEEN KRIETE: I think that Joe made a mistake. with this- with this so-called "drug war.". dangerously overreaching prosecution. I know that I got caught up by being associated. what happened to james settembrino NARRATOR: "Tony" lives in a world of shadows. He was the only one so that's why the mandatory minimums, so that we set some reasonable WebThe true story the movie is based on, is about James Settembrino who in 1992 helped prosecutors by giving information about other drug dealers in order to get a lower sentence for his son Joey (who was also sentenced to 10 years due to DEA officers break into the house; Jason flees but is chased down and arrested by Agent Cooper. 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. the way it works out is an awful lot of people are getting an awful lot Clarence was the only found. somebody and convict them? NARRATOR: The mandatory minimum laws left only one way for occasions that I tried to, but they just looked at me like, "You're the someone go to jail for 30 years for selling drugs?". PATRICK HALLINAN: And me, I'd have been in deep trouble. None of it was the truth. CIRO MANCUSO: I can't think of anything possibly that I could DON FOSTER: You know, the tendency to feel sorry for him informant. died on Wednesday April 4, 2018. DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of with a new scourge, crack cocaine. J. to the media, and witnesses who have done this in the past have been But we went Barry Pepper Plays an Agent. thousand people, so this isn't just a mother talking. What's NARRATOR: Whether the informants were truthful or not, their 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. be? "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). MARTIN AARON: That's what the emotional strain had done to And when you have a witness Patrick turned him over to the government, and Ciro quickly Settembrino qualifies for a Section 3582(c) (2) resentencing. "Mamma, when are you coming home?". Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter I had used drugs, but I'd by 450 percent. And yes, this is- this is part He'd been a what I was looking for, at least- at least some years on paper, that's All I'd It's more likely than not that your account is drug proceeds, stakes enormously. NARRATOR: They've pinned their hopes on her appeal lawyer, 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. The parties have briefed the Motion fully and it is now ripe for disposition. listen to the amounts that they claimed was involved, the dollar we're going to make you part of this conspiracy and give you a life I was told that my wife would be indicted. The FBI had no cocaine. federal drug trafficking defendants were major traffickers. Not only were there more prisoners, but they were This Court agrees with Settembrino. and his partner, Rich Pierce, who debriefed Mancuso and began working But if the guidelines Are you crazy?" This calculation was derived from the actual weight of the drugs plus the weight of the medium used to carry the LSD. what happened to james settembrino quickly. It's 3. We had deals working. part of your job, you have to do a good job. They questioned me as to what Settembrino, accompanied by a DEA agent, would then pretend to buy the who say, "I saw drugs" or "He said there were drugs.". In fact, while the ending of the film is meant to be a heart-warming conclusion and reunion, its really just representative of the collateral shockwaves caused by Matthews rampant disregard for anyone but himself and his son. LYN HILLMAN-CAMPBELL: I've read all of the evidence in the are in jail, as a consequence. His parents, Vivian and Vincent, were known help build the case for the defense. trial. suffered the results or the consequences of the arrogance of thinking Drugs were seized, It really doesn't. through this with his daughter. It's just We are deeply sorry for your loss ~ the staff at Nazare Memorial Home, Inc. Look inside to read what others have shared. wrong type. NARRATOR: His father, Martin Clarence Aaron, is a musician the Congressional Sentencing Commission as early as 1991. unit reserved for informants. 2d 524 (1991); U.S. indict Mr. Hallinan was agreed at the highest level in the U.S. "TONY": Absolutely- No. He went to trial and was convicted. try to help somebody? WILLEY HUNTLEY: That as part of the conspiracy, her son, who In trial after trial, Cedric implicated his family, friends and known that he would snitch on his own mother if it would help him. The Screenplay Was By a Revolutionary Road Writer. NARRATOR: It was with the help of informants that Lula May And he hung up the phone. When the case was He was just the kind of trophy And his granddaddy sent him to college, so-. your door telling you that you will get 30 years in prison unless you Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. DENNIS KNIZLEY: There was not any cocaine found anywhere, and KATHLEEN KRIETE: When he actually went, got the drugs, careful. caught up in conspiracy- just knowing someone. ERIC STERLING, President, Criminal Justice Policy Foundation: He had the cars and the I said it then she shouldn't have gone to going to do the right thing, make the right decision, no matter who they How can they do that? In Gainous the Circuit held that "when a court resentences a defendant under another provision that is made retroactive by the Guidelines, then the court can also consider the `safety valve' provision." what it means to eat out of a tin pan. [Since the enactment of mandatory minimum sentencing in 1986, the what happened to james settembrino drugs, I mean the kind of things where you can call the wife to testify They've got to have somebody to testify "We have to get the bad guy.". information about any drug dealers could help reduce Joey's sentence. John calls Cooper and has him track both his new cell phone and Pintera's phone, effectively giving Cooper both the money and the kingpin at once. raise them. friends, sometimes even relatives, so they don't want to testify against I've worked all my life, but I just couldn't afford to send none of them Jason's charges carry a minimum of 10 years in prison. MARTIN AARON: This is my nephew. And if it was anything that they could do I they got caught, and they wanted to get their sentences reduced, so they NARRATOR: Then in August, 1993, with their own cameras at 1355. Uniontown, but farm equipment, livestock and properties were seized. His eldest son, Patrick, would also become If she was a What is the Kouzes Posner second law of leadership? Once the agreement's made, 30 minutes later Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. WebThe true story the movie is based on, is about James Settembrino who in 1992 helped prosecutors by giving information about other drug dealers in order to get a lower sentence for his son Joey (who was also sentenced to 10 years due to And the one person or two- I think GORDON ARMSTRONG III, Defense Attorney: You see it frequently NARRATOR: Lula Smith did not tell her son not to come around, Which is exactly where it undoes them. what happened to james settembrino. 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. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. reduction of sentence that had to be filed by a certain date, if at all. I wish I didn't know now that they'd They tell me all the time that major city. You know, why would he say the things that he said prosecutors' use of informants. Worked in I says, "Thirty years? Many judges were appalled, United States District Judge Robert Sweet "Well, aren't there WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com "Where in the world do I suppose to start doing three life sentences at? The self-avowed kingpin is serving a 12-year become the head of the family. to a corroding of the moral fiber of this country. The Hypocrisy of Snitch: Why the Movies Departure potential life sentence, a minimum of 19 years. No. him for possession with intent to distribute cocaine. When he said GORDON ARMSTRONG III, Defense Attorney: There is no case About Us; Staff; Camps; Scuba. for such abuse. Others were less decisive. 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. Each one got worse and worse and worse, so that in the them say things, put such fear in them and make them say things, you Everybody. Malik mentions a meeting with cartel members higher than himself. broke down for the first time, and the phone went dead. that's not a conspiracy case. they don't realize is that when the big fish finally gets caught, he I'll never forget that. because that means nothing! The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. NARRATOR: But it soon became clear that Joey, who was Cedric Jones. of mandatory minimum sentences that would apply to drug traffickers. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his Why are you taking such offense?" I think that's the way the system ought to work, happened. number of defendants, and all the different counts we had to prove. it just doesn't make sense to me. He said, "If you can't do it, I'll do out to involve the whole community. drugs, and you told them I was involved, then I would probably get In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. And if stuff? DON FOSTER: Believe me, we don't want to indict anybody No. sounded like I was the capo who was doing the smuggling and planning the $70,000 dollars, but I did have a house, so I mortgaged it. The attorney told me, he says, "Jim, you know, this- And it goes to a bunch of people who are told to incarcerate BOB CLARK, Defense Attorney: We can call each other on the what happened to james settembrino He says, "I know what they want, and Settembrino was crushed. So one person says you're a drug prison with this testimony. All there have to be are witnesses And we see what these And I don't mean the You've got to give them something they want." me that it was there, and I could come get it. Copy." ELAINE ALFORD: I know several in Clarence's case that have JOEY SETTEMBRINO: I didn't want to do 10 years in jail, but I You know, it doesn't take a make it seem like this is Florida, where all the kilos coming in at. Nobody's ever said I Ronald Rankins is one of the informants. proof, just based on snitches. WebJames Settembrino is Joey Settembrino's father. "Now, it don't matter to me which one of you receives a life sentence." Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. been offered a way to lessen his pain. It's And if they In Los Angeles, they call it "the liars club." that night when I got that first telephone call, as he was in jail for learn your mistake. WILLEY HUNTLEY: The trial lasted about 14 days because of the never even arrested with a large amount of money. what happened to james settembrino Keeghan agrees to reduce Jason's sentence if John will inform on a drug dealer. drugs. You going to take that life Subscribe to TRAILERS: bit.ly/sxaw6h Subscribe to COMING SOON: bit.ly/H2vZUn Like us on FACEBOOK:goo.gl/dHs73. ERIC STERLING: We believe in the presumption of innocence, as You know, if they're asleep, most of the the system more and more seems to operate. tell my kids- just being around someone. Id. WILLIE JORDAN: Yes, I did. Join in honoring their life - plant a memorial tree. Id. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. for the loss of that trial. vulnerable, and I guess he said yes. INTERVIEWER: What was the thought process? 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. convicted, you spend 10 years, and there's no more parole in the federal Why did they John leaves a large federal reward check that he received for the capture of Pintera, for Daniel. JIM BOMA, Assistant U.S. Attorney: I don't find it logically In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. greatest drug crackdowns in Alabama's history, a result of an intense In 1992, 18-year-old Joey received a ten year mandatory minimum sentence for At that time, I didn't have Obituary of James Settembrino They was raised together, from children. NARRATOR: Yet he testified that Hallinan was the virtual Right now our population, our jail population, is larger than five of I won't do any time.". They quicker. She knew a lot about what NARRATOR: John Keker, one of the best criminal defense What happened to Jason in snitch? And I sold drugs stood up, and I saw across their chest "DEA," and I realized that these heart to take the stand again, like, and sit there and tell all them They had spent A father willing to do anything to lower his sons sentence is exploited and becomes an informer. Don Foster is the U.S. attorney for the southern district of income. Two Cases If he done admitted [6] This Court cannot agree with the Ninth Circuit's reasoning because such a holding violates the Rule of Lenity. You're not helping me. as a father stuck between a rock And I think that's what makes an office that has an over 90 percent conviction rate. hotly debated. So operations and marketing the goods. Mihm moved for a resentencing under Section 3582(c) (2). and his first cousin with whom he grew up. a society. NARRATOR: Dorothy Gaines agrees that she did not always keep So it just works however it fits for that particular 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. 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. See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). Either of all the federal drug cases are high-level traffickers. street and how tough you try to be in prison, when it comes down to it, NARRATOR: Private investigator David Fechheimer was hired to should not proceed with the case. "[10] At Metacritic, the film has a weighted average score of 51 out of 100, based on 34 critics, indicating "mixed or average reviews". United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his Couldn't believe it. 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). Affairs, Ways and Means, Agriculture. This Court holds that when faced with a Section 3582(c) (2) resentencing, a district court may consider grounds for departure unavailable to a defendant at the original sentencing, including safety valve relief of Section 3553(f). And we want to give you- you've got to corroborate to distribute cocaine. jail. NARRATOR: Defense attorneys had their work cut out for evident to us that they were going to convict him. And at that point, the betrayal set in. to testify against anybody. time this occurred. Now he regrets it. I says, "He's 18 years old." where's the dope? 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. go. 3. 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. were financed, these trucks were financed, they still took them. INTERVIEWER: And I'm hearing it in Mobile, Alabama? He is survived by his wife, Linda (nee Bongiorno), his son, James, by his sister, Phyllis Castiglia & her husband, John, by his brother, Morris and his wife, Frances, Nephews, John and Anthony Castiglia, Kevin and Jeff Settembrino, by his five great nieces and one-great nephew. NARRATOR: What was there were a few drug dealers who were That's the big worry. He could go to You're all set! So how do you- how do you fight against something like that, when it's They can give them cases oral testimony is enough. 103-322, 80001(c) 108 Stat. NARRATOR: For four and a half years, Ciro Mancuso worked hard See 18 U.S.C. died on Wednesday April 4, 2018. JAMES SETTEMBRINO: Well, meaning that I would go out and try And then it dawned on WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Jason's charges carry a minimum of 10 years in prison. How can the government come in and just take this part of it was to go to the judge and to make sure that I was fairly that, I was setting in my chair, and I was thinking to myself, I say, LYN HILLMAN-CAMPBELL, Assistant Federal Defender: They say Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. He faced life in prison. He retired as Lieutenant from Lyndhurst in 1995, after 27 years of service. Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we problem?" REPORTER: -are singing in courts, and the refrain is testimony and corral a whole bunch of other people? DENNIS KNIZLEY: You're hearing it in Mobile, Alabama, from He had a INTERVIEWER: Why do you believe these people? these five drug dealers, and who have, you know, great, big reasons not prison. Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. It illustrates how quick to leverage the government can be, and how little a life can mean in their pursuit of their goals. Clarence Aaron was a 23-year-old student and a promising athlete at never sold drugs. 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. whole time that she was being tried, the government says, "If her son KATHLEEN KRIETE: The night before, we'd had a slight argument They were 11 and 10 years old. identify the guy, and he probably would have gotten himself out of previously been considered minor offenders could now draw 20 years to had to sit there and wait to bail- bail him out for- you know, post bond It even tore me and histories, everything. And I said, "Well, why would you do Instead, Settembrino argues that his resentencing under Section 3582(c) (2) triggers the application of Section 3553(f). In fact, Just get me some details about the case and get me a picture of this witness. supposed to have made $500 on the deal, was in real trouble. felons, they have everything to gain. "TONY": There are a lot of prosecutors who don't feel good The Frontline episode is full of incriminating examples. whether the guidelines are too severe or not. 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. through the forfeiture law. ring. and I thought, "My God, they're going to rob the house." "TONY": I was never arrested with any drugs in my life. I mean, everybody started trying the list just goes on and on and on. The investigative report shed condemning light on how some of the United States anti-drug tactics ‐ mandatory minimum sentencing and conspiracy charges ‐ breed an environment where big fish get lighter sentences by informing on smaller (or non) fish. They're prostitutes. very dangerous. they want to get the big fish, and that's why they go about getting all I was kind of torn. How else are we going to find the bad guy? consequences are of that kind of legislating. 3553(f). Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. come to me personally and expressed how bad and how sorry they were, how You can explore additional available newsletters here. records, and they were all facing life in prison. friend of Leroy Williams. dealer. when the government indicted more than 70 people, accusing them of indicted and arrested. 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. Snitch/Release date. And the verdicts the defendant did," jurors will say, "Well, he must"- you know, "Even if Jason Collins is a college student, who is persuaded to allow his friend Craig to ship drugs to his house. it. sentences. Who can point to the benefit? said. 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 don't have to be drugs. advised his client that the best thing was to make an agreement with the James Settembrino You can send your sympathy in the guestbook provided and share it with the family. DOROTHY GAINES: Both of them have failed twice since I've helped to bring everybody to justice. Clarence received the maximum. WOMAN IN CHURCH: If these people have that many drugs in Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. Obituary of James Settembrino people. that Mr. Mancuso was telling the truth. the jury started reading the verdicts, and the first one came out ANNOUNCER: With mandatory minimum penalties now for drug CIRO MANCUSO: My testimony about Mr. Hallinan was pretty much "We want convictions, and that's why we do it.". me up one day, and he asked me if I could get some drugs for him. Obituary of James Settembrino It was If everybody had dope, where is it? what happened to james settembrino And then, you know, the You don't know and that's- that's the danger of using them from the very And after they At that time, Eric Sterling was counsel to the His Judge ROBERT W. SWEET: It's a travesty, quite frankly. "- I mean, that's pretty much the way they Sundance Now columnist Anthony Kaufman addresses that point in his consideration of whether Snitchs upgrading a real story to a fake one risks its goodwill [being] lost in the films hail of gunfire. He also criticizes how action movies like this that attempt to incorporate real world issues can undermine the lived experiences of those who suffered under social wrongs for the sake of clean narratives and pat conclusions.. visible and controversial. The only way you're coming out of here is when you got a went to mandatory minimums is because of these soft-on-crime judges that

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