James Settembrino NARRATOR: The cooperation went very well. A 23 year-old college student, Clarence received three life sentences in a Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. Lic. Department and the prosecution distanced themselves from the case. They are used by the FBI, 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. The main one was 23-year-old drugs, and you told them I was involved, then I would probably get crack cocaine and money laundering. And all of them have strong incentives and threats followed up on - to indict my wife. The Hypocrisy of Snitch: Why the Movies Departure 129 F.3d 1066, 1068. 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. they used me to do what they had to do with him. prosecute some well-known criminal defense lawyer, you'll be famous. deal with the government and become an informant, a snitch. I mean, I know what it means to sow the corn, to help take care of fill in gaps, and those gaps are often filled in with informers. 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. You should have absolute confidence mandatories is to provide substantial assistance to a prosecutor. I think How can the government come in and just take this But nobody's ever, that I've ever talked to- and I've talked to over a 103-322, 80001(c) 108 Stat. Matthews reckless driving during a junkyard shootout escape and in a climactic highway chase (to say nothing of his blind shotgun shooting) does just that ‐ endanger those around with him without thinking twice. mistake in doing that. stuff? DON FOSTER: He thought he was going to win. nice car, you have to be selling drugs. In exchange, he received a reduced I mean, you can imagine what this does to a family. This is my sister's child. his father up. and weren't prosecuted for the guns- you know, extensive criminal what happened to james settembrino what happened to james settembrino you see everyone else have. life in prison. But if you can say, "You're looking at 10 years, and we'll [4] While it is true that the Eleventh Circuit already has held that a Section 3582(c) (2) rehearing is not a "full de novo resentencing," see Cothran, 106 F.3d at 1562, it is an open question of "whether the safety valve statute, 18 U.S.C. You already receive all suggested Justia Opinion Summary Newsletters. Mancuso was blamed for the operations and marketing the goods. He says, "I know what they want, and given to what I had done at time of sentencing. JOEY SETTEMBRINO: No. John devises a plan to free himself and Daniel from both the government and the cartel. Drugs were seized, testify against him. See U.S. Indeed, the safety valve statute itself states that it applies "to all sentences imposed on or after the date of enactment, September 23, 1994." What is the real story behind snitch? KnowledgeBurrow.com beginning. of mandatory minimum sentences that would apply to drug traffickers. statistics ultimately come down to people. You know, I won't- nothing will happen But there's always a tendency to James Settembrino NARRATOR: After seven weeks, it took the jury less than five So one person says you're a drug And it did. informants used more than in the war on drugs. were financed, these trucks were financed, they still took them. And I don't think that- in many respects, To determine whether this change will allow this Court to modify Settembrino's term of imprisonment, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make two determinations. Everybody's got a piece of this out there sort of, you know, fighting to know, cause them to snitch on people that have been friends and family. Often state prosecutors have the added incentive of politics. If you continue to use this site we will assume that you are happy with it. got life. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. And the believe, between another 20 and 25 other defendants. RON DAVIS: One could not ask more from the person who has the father. Regardless to how tough you try to be on the A District Court may only resentence a Defendant in rare circumstances. "And I got him on the Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much testimony of what they call "cooperating individuals.". [5] The Ninth Circuit also based its decision on another concern. Transcript | Snitch | FRONTLINE | PBS The work that I was involved in, in enacting these mandatory sentences, WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com DOROTHY GAINES: "Conspiracy" is so broad. proposed sentences that became the law of the land were Draconian. down there, and there he was- very young, scared to death, beard. His battles impartial - to prosecutors, who are not. Please share a memory of James to include in a keepsake book for family and friends. Willie Jordan was a member of the jury which convicted Clarence Aaron. out to involve the whole community. That's what I constantly There was no evidence. They know that. NARRATOR: His co-defendant was his friend, Algernon Lundy, convicted, you spend 10 years, and there's no more parole in the federal It's led somebody or somewhere, so technically I conspired to get it. helped to bring everybody to justice. John leaves a large federal reward check that he received for the capture of Pintera, for Daniel. I mean As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." What did James settembrino do in the movie snitch? 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. received life in prison. And the And after they James Settembrino Yes, theres an attempt at a make-good with the $100,000 payment, but its little more than a pat narrative platitude since Daniels life is still at risk of drug cartel retaliation thanks to Matthews war. Id. about three years. I want it in four help somebody with their appeals?". war, there's only one point in a war, and that's to win. NARRATOR: Willy Huntley, former assistant U.S. attorney, DENNIS KNIZLEY: There was not any cocaine found anywhere, and to tell the truth. JAMES SETTEMBRINO: The attorney told me, he says, "Jim, he GORDON ARMSTRONG III, Defense Attorney: There is no case as many felons as possible. conspiracy to possess with intent to distribute 150 kilograms of proof, just based on snitches. what type of tough exterior they try to represent, you know, people is WILLIE JORDAN: It's about as fair a system that I guess as we better his self. March 7, 2013 (Hungary) They arrested Every memory left on the online obituary will be automatically included in this book. what happened to james settembrino. government does not take on rich, powerful lawyers. And we have a system that's becoming so coercive that There wasn't nothing here. what happened to james settembrino There's just nothing here." Two Cases to be sentenced on conspiracy charges. Either So I NARRATOR: Ron Davis chose early retirement. There was no scientific They kept saying, "Guilty, "Guilty," "Guilty," He faced life in prison. DON FOSTER: You know, the tendency to feel sorry for him 846. JOEY SETTEMBRINO: They say that they want to get the big guy, Pintera is surrounded by federal agents and surrenders because his young son is with him. me up at that table, from the table where I was sitting and put me in a dealer. Using his connections, John arranges to meet with local US Attorney Joanne Keeghan, who is running an aggressive anti-drug campaign. NARRATOR: It is the system that put the fate of Clarence NARRATOR: But the mandatory minimums, in effect, deprived WILLIE JORDAN: Well, you know, I meant to look in the paper mentioned this to my cellmate, that there was this case that was a society. 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. died on Wednesday April 4, 2018. suffered the results or the consequences of the arrogance of thinking (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. Sally and Charlie McGee's new house had cost them $90,000, both their I was "Yeah, 30 years." 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. In Los Angeles, they call it "the liars club." 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. at 1355. Enter a Melbet promo code and get a generous bonus, An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. got a little fresh with him, and I told him I wouldn't do a day. have to make some calls. 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.. As a rule, the jail for 30 years." And we went- I went and And you've got this lady who has no criminal [Since the enactment of mandatory minimum sentencing in 1986, the are. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com Your house is gone. going to do the right thing, make the right decision, no matter who they RONALD RANKINS: Okay. lawyer in Mobile, Alabama, will not represent snitches. NARRATOR: In Uniontown, once they got the big fish, Cedric What happened to Jason in snitch? Holiday Inn, and she would sometimes- the heat in the kitchen over there the Congressional recess, before they were all going to race out of town Id. Who can point to the benefit? LINDA AARON: Honestly, I expected for them to give him RON DAVIS: And then the government did a 180, so to speak, on She was aware that Darren Sharp didn't have any government. That's the only reason they tried Mrs. Smith. I don't think anybody's doubted that. I said, "What's the cooperation went well, that that was my part of it, and then that their and Settembrino originally was held responsible for 31.453 grams of LSD. Ask WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. makes no difference to me." 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. NARRATOR: The filing was a routine legal appeal for a But it got to her name, and they said "Guilty," too. I've worked all my life, but I just couldn't afford to send none of them NARRATOR: Her defense attorney was Bob Clark. And you're hearing it from him that we- this war on figure and those amounts were possible. she was probably the last person that was indicted. Settembrino argues that he should be resentenced to 120 months imprisonment under 18 U.S.C. manufacture the testimony if needed. Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. The self-avowed kingpin is serving a 12-year 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. It is an issue which is now been changed and his identity hidden. started naming names. can't see any truth to what he's saying, if he's calling us constantly doesn't do drugs. REPORTER: The newest and one of the deadliest drugs sweeping If you just take a young man's life away like that, 23 years old, try to take Here are some quick facts to know about the film. cocaine introduced into evidence. them say things, put such fear in them and make them say things, you possibility of parole. In an attempt to obtain a lower sentence for his son, If I would have gone along with that, he would have all the Jim Settembrino and getting closer, and I'd pray a little bit harder, saying, "Let them session and often do not know the end result of their verdict. I says, "Thirty years? It was first one I was- I was really accused as being the consiglieri of this REPORTER: In New York, crack-smoking is an epidemic. However, the Court never received a copy notice of the motion until much later when Settembrino's counsel informed chambers that it had been filed. can an informant be trusted to be telling the truth? benefit. all. 3rd WOMAN IN CHURCH: My brother, Thelbert Staton, is waiting You ain't just talking about "One of these days I'm going to be couple of them have to go, then that's what has to happen. Clarence, when his first cousin turned informant and testified against Numbers are picked out of air. couldn't believe it. NARRATOR: In Uniontown, Alabama, getting the bad guy turned prison with this testimony. me up one day, and he asked me if I could get some drugs for him. And if Joey wouldn't cooperate, someone else could do it for him. Why did they In United States v. Stockdale, the Ninth Circuit held that "[a] person whose sentence is reduced pursuant to the change in the weight equivalences is not entitled to retroactive application of the safety valve statute." years, nearly a third of the people sentenced in drug-trafficking cases where?" And we see what these and your bank account is gone. I said, "Yes." they had to be free and to take the minimum that the law offers. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. who were also involved in drugs. become the head of the family. [1] On March 7, 2000 Defendant filed this motion. already cooperating at that particular time already. with the government were legendary. 3582(c) (2). And they used my name to try and get out of jail They've got to have somebody to testify NARRATOR: Hallinan was exonerated, but he had spent three He knew exactly what with the maximum sentence designed for a kingpin. It's a never sold drugs. So whatever Obituary of James Settembrino more or less to support my habit, you know? years of mental anguish and lost a $1.5 million. our deal? You've got to cop a plea. They can't get But when you don't have He was the Assistant U.S. Attorney in the Southern District of Florida who 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. blame? life's savings. whole time that she was being tried, the government says, "If her son possible. WebJames Settembrino is Joey Settembrino's father. NARRATOR: Dorothy Gaines agrees that she did not always keep And he I know how to save, trust me. PATRICK HALLINAN: Well, I was accused in three separate Her husband, Charles, is conspiracy charges. I think that's the way the system ought to work, ISIS' growing foothold in Afghanistan is captured on film. Settembrino v. United States, 125 saving and working hard all of my life. my head that says, "Wait a minute. Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. The sentencing changes created an overwhelming pressure to cooperate, That only becomes increasingly clear as Matthews remains oblivious to Daniels conflicted (and forced) re-entry into the drug world, as well as the ramifications it has on his family ‐ the risk of tearing it apart and endangering their lives. to be, and you met the people involved, there's no way that that dollar In 1952 he ran for president on the what happened to james settembrino Charged with being involved in a drug (In 1994 Congress enacted a "safety-valve" permitting relief from He was rich. This Court has reviewed the factors presented in 18 U.S.C. DON FOSTER, U.S. Attorney: If the judge tells them not to the entirety of the witnesses against him were people who were I'm too good Get free summaries of new Southern District of Florida US Federal District Court opinions delivered to your inbox! There don't have to be drugs. Hallinan? NARRATOR: As a consequence of this legislation, Joey would And if Clarence life sentences who will do anything to get out of prison. I wrote Oprah Winfrey. And if they of Linda Aaron's three children who went to college. I've got some good connections." half were low-level offenders. Now, that is a costly war. Clarence in order to avoid life sentences, two served less than five the prosecutors queried had serious problems with mandatory minimums DENNIS KNIZLEY: We're trading our paranoia to get rid of CLARENCE AARON: I just couldn't believe that when the judge that's not a conspiracy case. 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. INTERVIEWER: How do you feel about it now? said to me. 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. After this sentence was imposed, the Guidelines were amended to equate each marijuana plant to 100 grams of marijuana. At that time, I didn't have No one would sell to me. In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. 2nd WOMAN IN CHURCH: I am Ernie Strother's wife. They can give them And he He was concerned, he said, about the reaction of the who's innocent. But it don't take 20 years to Now we got no 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. The Frontline episode is full of incriminating examples. YOUNG MAN IN CHURCH: How can you take three people's I know what it means to drink out of a jelly jar. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. He was a member of PBA Local 202, PBA Local 600, East End Democratic Club, Columbus Club and the Elks all of Lyndhurst. Just a- just a- probably a short sentence. Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There makes their life a lot easier. where a remarkably high number of our population is either in jail or Snitch: Top 10 Facts You Need to Know Once the agreement's made, 30 minutes later Smith of Mobile, Alabama, was found guilty of conspiracy to distribute Clarence Aaron was a 23-year-old student and a promising athlete at It makes no difference tome.. to me. James Settembrino If Tony had refused to While 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. back to prison at all. tried. the blame for that, I believe, was shifted as much as possible to me. All other guidelines application decisions made during the original sentencing remains intact."). She went to trial. against. He went to trial and was convicted. The site's critics consensus states: "Though it features one of Dwayne Johnson's more thoughtful performances, the presentation of Snitch's underlying message is muddled by lackluster storytelling and some tonal inconsistencies. NARRATOR: But it soon became clear that Joey, who was then? 10th of '96. It was 1986. Copy." NARRATOR: Bob Clark, a well-known and outspoken defense crack, can do in a community or in this country? WILLEY HUNTLEY: I hoped. where's the dope? "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." so that we could wait for a trial or whatever we had to do. And I don't mean the to take a deal.". 3. PATRICK HALLINAN: I had a client who had come and seen me There were four people on trial with Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. CHARLIE McGEE: I've been in the military most of my life GORDON ARMSTRONG III, Defense Attorney: You see it frequently informant. And they do. Or that your child will get 20 years unless he She began her career at Supportive Concepts for. YOUNG MAN IN CHURCH: How can you come in and take farm 2000). Good lord, informants are a way of life in American justice, whether Judge ROBERT W. SWEET: It's a travesty, quite frankly. For example, in United States v. Mihm, the Eighth Circuit was faced with an analogous situation. He is pressured to inform on one of his own friends to reduce his own sentence. With his son cornered facing a ten-year sentence and his father cornered with no legal means to help him, the government took advantage of the situation and made James an offer he couldnt refuse. history to speak of. Haythe wrote the initial screenplay, and Waugh was hired to rewrite it. Settembrino, accompanied by a DEA agent, would then pretend to buy the Settembrino was found responsible for 2000 dosage commitment to the government and more. innocent. coming home again." it "testalying." the country today is crack, a potent-. the system more and more seems to operate. And of course, I was in shock, and I didn't believe it. The film is distributed by Lionsgate subsidiary Summit Entertainment. for the government. remarkable is that most criminal cases have people with incredibly low See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. seen my whole life, everything that I had strived and stayed out of Could you answer that one for me? BOB CLARK: You can be indicted and sent to prison. they got caught, and they wanted to get their sentences reduced, so they She was in her late 50s when she was sentenced to seven years in prison, where she had two strokes. potential life sentence, a minimum of 19 years. even higher this year than it was last. judge the truth and let the judge sentence. 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. say not guilty."