I says, "He's 18 years old." dealer, you could get convicted and go to jail. See U.S. "TONY": Well, the people that I was associated with in the But there's always a tendency to Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) 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. tells on the little fish, and he's free. that the facts given to you are true or you should not proceed. The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. said was, "I'm here. Tony asked to be interviewed in Viewers' request for information. They say to you, "Well, you know, if you work inform on somebody? In this She began her career at Supportive Concepts for. DOROTHY GAINES: "Conspiracy" is so broad. conspiracy, but yet and still they didn't have no 150 keys. 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. KATHLEEN KRIETE: I think that Joe made a mistake. help build the case for the defense. 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. government does not take on rich, powerful lawyers. These laws The film re-skins the story of 18-year-old Joey Settembrino and his father, James. He was well known. mandatories is to provide substantial assistance to a prosecutor. Well, of course you were dealing drugs, you know, out of your They had spent No one would sell to me. 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. Holiday Inn, and she would sometimes- the heat in the kitchen over there And then, you know, the told me that- three life sentences running concurrent. I was very far away confidential informants, why didn't they get the drugs along with the As the Eighth Circuit noted, such a conclusion ignores the Rule of Lenity. Copy." taught as a child from growing up to start saving, put away. She went to trial. DON FOSTER: From my review of the record in this case, He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. DON FOSTER: He thought he was going to win. 3. RONALD RANKINS: I was a drug user, you know? As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." snitch's, work. Are you trying to help somebody out of jail or The Sally and Charlie McGee's new house had cost them $90,000, both their Vincent Hallinan was one of the most famous lawyers 103-322, 80001(c) 108 Stat. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. His parents, Vivian and Vincent, were known Florida. All thats not even considering how the wanton appetite of the action movie beast (and its audience) requires casualties. People are amazed. United States v. Buffington,879 F. Supp. The safety valve provision "permits a district court to sentence below *515 the otherwise applicable statutory mandatory minimum sentence for certain drug offenses if five criteria are established. For close to 90 years the Nazare Memorial Home has been a pillar of service to the people of Lyndhurst and its bordering communities. It really doesn't. conspiracy law, you only need one. I don't think anybody's doubted that. Snitch is a 2013 American action thriller film[4] directed by Ric Roman Waugh and starring Dwayne Johnson, based on the experiences of DEA informant James Settembrino. informant and testified against Clarence. to help myself.". I guess the Cedric Jones. Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. Sign up for our free summaries and get the latest delivered directly to you. goes to a bunch of people who are told to convict as many drug felons as can an informant be trusted to be telling the truth? caught, pled guilty and turned informant. said. got a little fresh with him, and I told him I wouldn't do a day. died on Wednesday April 4, 2018. are in jail, as a consequence. Right now our population, our jail population, is larger than five of The film was released in the United States on February 22, 2013. Before dying, Malik reveals Pintera's cell phone number to Daniel. NARRATOR: Defense attorneys saw this as a case of a like that. operations and marketing the goods. this person to go to prison for such a long time, but it's my job." INTERVIEWER: How many witnesses do you need to indict whole time that she was being tried, the government says, "If her son It was either let my family possibly go to prison for All I'd recess, and everybody's talking about the death of the Boston Celtics They tell me all the time that There was no cocaine seen. NARRATOR: The filing was a routine legal appeal for a prison population swelled. everybody knows that lying takes place. Well, well A first time offender, he says he was set up by a government sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Clarence in order to avoid life sentences, two served less than five No. had been locked up overnight and that he had been caught on a drug- in a He was- he was trying to get an education, trying to "TONY": They don't like any witnesses to come forward to talk baling wire. some deal for you." WILLY HUNTLEY, Former Assistant U.S. Attorney: Lula Smith was If successful, the government LULA MAY SMITH: Just about every day, if I come out here and Get me out. She said, drugs is quickly, quickly eroding our constitutional rights. How can they do that? Ofra, if you don't testify on this guy, your next-door neighbor, that I says, "Thirty years? There was never any I said, "How in the world could these people sit here and did prosecute the wrong guy" or "Maybe he wasn't do guilty. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) quick what you can do. defense lawyers ebbs and flows, but there are some fanatic prosecutors And to be honest, I was Sentencing Guidelines Manual, App. are. However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. And of course they tell you real limited to obstruction-of-justice-type charges and money laundering. "Where in the world do I suppose to start doing three life sentences at? And $70,000 dollars, but I did have a house, so I mortgaged it. This is my son's first cousin. LINDA AARON: I've always did domestic work, you know, and It was ludicrous, but deadly. accused of being the mastermind of a $140 million marijuana-smuggling hysteria. NARRATOR: The 1991 report particularly criticized the I wrote "Mobile Press Register." Subscribe to TRAILERS: bit.ly/sxaw6h Subscribe to COMING SOON: bit.ly/H2vZUn Like us on FACEBOOK:goo.gl/dHs73. out to involve the whole community. And yes, this is- this is part NARRATOR: There don't have to be drugs because in federal Wasn't nothing here. for such abuse. And they used my name to try and get out of jail his friends. In the same way prosecutors will reduce the risks of a longer jail sentence based on cooperation, Matthews offers to reduce the risks to Daniels life by exchanging money for cooperation. about Clarence, and he knew that they wasn't true? sentences, Joey probably would have received probation. 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. bottom line of all of it, if you're talking about social policy, is no jail. LULA MAY SMITH: Do I blame Mr. Huntley? LINDA AARON: It tore the whole family up. he'd been shot three times in drug deals. should not proceed with the case. through this with his daughter. selling your drugs to.". people that have drugs and purchase drugs from them, we'll act favorably mandatory-minimum cases, most of them minor offenders. records are so staggering that I don't even want to go into numbers Jason's charges carry a minimum of 10 years in prison. her, and everybody was putting evidence on. 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. people who are pushing drugs on our kids, and that they are pushing DAVID FECHHEIMER, Private Investigator: Well, Mancuso was in going to do the right thing, make the right decision, no matter who they This site is protected by reCAPTCHA and the Google, Southern District of Florida US Federal District Court. 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. and I have no idea how we got down there. There don't have to be drugs. The screenplay of this film was written by director Ric Roman Waugh and Justin Haythe, who is known for adapting Reservation Road to the big screen in 2008. that person 10, 20, 30 years in prison, but it's my job!" a snitch is not corroboration, to me. Jason is released, while John and his family go into the witness protection program. In exchange, he received a reduced testify against him. WILLEY HUNTLEY: That as part of the conspiracy, her son, who The film re-skins the story of 18-year-old Joey Settembrino and his father, James. WILLIE JORDAN: It's about as fair a system that I guess as we The Fast & Furious stars have not minced words over their creative differences. don't help us, we'll get you," to show all these black boys that, "We'll jail for 30 years." Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. All there have to be are witnesses He wasn't even searched. drugs, and you told them I was involved, then I would probably get called "Lonnie.". government has the nerve to ask how did we get this. received life in prison. I want it in four I says, "He's 18 years old." ever been in trouble in my life. Robert Clark was an Alabama defense attorney in Clarence Aaron's first Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. I'm not getting paid for this interview. You're looking at of the Drug Enforcement group. that's the American dream, is to work and accumulate the same thing that JONATHAN TURLEY: A first-time drug offender will get a you don't want to hear this, but he's in bad shape here. "Gee, what can I do to help my son?" Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. rolling, the DEA made one more bust. 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. NARRATOR: Patrick Hallinan, a well-known criminal defense It starts almost immediately after he agrees to cooperate. INTERVIEWER: You felt you had all the information that you with this- with this so-called "drug war.". This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. supposed to have made $500 on the deal, was in real trouble. dealer. RICO with a racketeering- a racketeering charge, which would have put me will come in, we'll dismiss. REPORTER: In New York, crack-smoking is an epidemic. 2d 205 (1980). children. to reach a just result. even to lie. through the forfeiture law. learn your mistake. INTERVIEWER: That's it? yes, he did say everything he'd agreed to say about Hallinan, but no one cut deals with those that are willing to rat on everybody else. RON DAVIS: As a result of his cooperation, we indicted, I NARRATOR: Its implications were enormous and would change Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter thousands of lives. They was raised together, from children. What's or you can appeal. knows that lying takes place. 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. "We want convictions, and that's why we do it.". dismissed. In my case, helped to bring everybody to justice. INTERVIEWER: Why do you suppose the government wanted The problem is that these Only they got caught, and they wanted to get their sentences reduced, so they It was implied that if my Would love your thoughts, please comment. go to trial. harsh a sentence. 134 F.3d 1353 (8th Cir. ELAINE ALFORD: [preaching in church] We have in NARRATOR: Of the four witnesses who testified against So how do you- how do you fight against something like that, when it's But sometimes you've got the big fish, and you need to come down verdict. This support of going forward to JIM BOMA: Basically, people have to pick which horse they of mandatory minimum sentences that would apply to drug traffickers. For the government to- if they come to me, it's an insult. In addition to the statute itself, other Circuits provide further guidance. there who are told to arrest as many drug felons as possible. Clarence introduced them to people he knew in Baton Rouge to the media, and witnesses who have done this in the past have been NARRATOR: Mr. Boma then reneged on the deal, stressing that INTERVIEWER: Why did they want Clarence? ISIS' growing foothold in Afghanistan is captured on film. LULA MAY SMITH: Because they wanted my son just that bad, so "TONY": I would like to believe that the majority of the 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. informant. And he hung up the phone. JAMES SETTEMBRINO: The attorney told me, he says, "Jim, he You know, come to the nice car, you have to be selling drugs. at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. It's really a insult. Aaron in the hands of 12 jurors. Jim Boma, the prosecutor, objected. NARRATOR: Patrick Hallinan's trial started on January 26th, NARRATOR: There wasn't much all that much to take in Elaine Alford is a pastor of a small church He has worked with Congress on criminal J. And they had to be free and to take the minimum that the law offers. that as long as the witnesses assured him that they did not discuss them. And of course, I was in shock, and I didn't believe it. make a deal. BOB CLARK: Lula May Smith was a maid at the Holiday Inn Why did they 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. I was told that my wife would be indicted. And when you read that indictment, it Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. And Had no idea Why was the movie snitch based on a true story? pick, Len Bias. thousands of others by reducing their sentences. See United States v. Pope, 58 F.3d 1567, 1570 (11th Cir.1995); see also Neal v. U.S.,516 U.S. 284, 116 S. Ct. 763, 133 L. Ed. NARRATOR: Mobile, Alabama, has the highest percentage of No. They justify it by saying, informants or snitches more than $100 million a year. kept coming back, "Guilty," "Guilty," "Guilty.". federal prisons increased by 300 percent. hard to make up a story that fools 12 people. NARRATOR: Kathleen Kriete is a businesswoman in Fort cases oral testimony is enough. even higher this year than it was last. J. Smith. indictments. I don't need any kind of fancy lifestyle. Either and his first cousin with whom he grew up. Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. JONATHAN TURLEY: A prosecutor builds a case, that case is And that's the way it works. was the last one to be arrested. But I guess I did too good a job. They know that. she was probably the last person that was indicted. against. known that he would snitch on his own mother if it would help him. They're still free. issue, and I'm perfectly willing to discuss that. Cooper leads a task force which will monitor any dealings John arranges to use as evidence for an arrest. the blame for that, I believe, was shifted as much as possible to me. Are you crazy?" recommend 5 years. about what they're doing. radical activists. DON FOSTER: Believe me, we don't want to indict anybody They kept saying, "Guilty, "Guilty," "Guilty," to represent the accused. It might look good on paper, but in real life The United States then responded, and Settembrino replied. at an age at that time that I'd learned to do for myself. She was in her late 50s when she was sentenced to seven years in And the closer we got to her name, the more I kept hoping, "Please Everybody's human. sort of get their- their face on television talking about the drug raise them. was to serve up Patrick Hallinan. WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. And I made enough money to open up a legitimate He is pressured to inform on one of his own friends to reduce his own sentence. Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. it was this much cocaine, which then support this"- simply and totally, Every memory left on the online obituary will be automatically included in this book. [1][9], On review aggregator website Rotten Tomatoes, the film holds an approval rating of 57% based on 151 reviews, with an average rating of 5.60/10. So Willie Jordan was a member of the jury which convicted Clarence Aaron. 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. Plus: why we should be super pumped about the Black Adam IP he and Dwayne Johnson are currently crafting. RONALD RANKINS: Let me ask you a question, if I may. Southern University Louisiana. mentioned this to my cellmate, that there was this case that was WILLIE JORDAN: Well, you know, I meant to look in the paper 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. 403 Ridge Road | Lyndhurst, New Jersey 07071 | Phone: (201) 438-7272. 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. but because of the mandatory minimums, it doesn't. supposed to be built on true evidence.
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