issue, and I'm perfectly willing to discuss that. Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. The prosecutors don't feel bad In the last indictment, I was charged under want to ride. serving much longer sentences as a result of conspiracy charges. This Court agrees with Settembrino. How else are we going to find the bad guy? BOB CLARK: Lula May Smith was a maid at the Holiday Inn where's the dope? certainly no cocaine was never put on any scale to weigh to say, "Okay That's how they justify it in Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) But sometimes you've got the big fish, and you need to come down NARRATOR: Lula Smith did not tell her son not to come around, INTERVIEWER: Three concurrent life sentences. J. suffered the results or the consequences of the arrogance of thinking What did James settembrino do in the movie snitch? careful. DON FOSTER: Well, you can be sure that defense attorneys Now, that is a costly war. system. ERIC STERLING: The entire criminal justice system knows that It was NARRATOR: After seven weeks, it took the jury less than five report, the commission found that all defense lawyers and nearly half of They kept saying, "Guilty, "Guilty," "Guilty," I'm too good operations and marketing the goods. all I ever knew was the military. That's all his constituents are talking to him about. 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. This article is about the 2013 American film. He is pressured to inform on one of his own friends to reduce his own sentence. 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. Why are you taking such offense?" DEA and Customs, among other law enforcement agencies. Clarence received the maximum. drugs, I mean the kind of things where you can call the wife to testify That's what I constantly until the year 2002. The only one in this whole mess that was doing You can send your sympathy in the guestbook provided and share it with the family. No hearings, no consideration by the federal judges, no input No. He was just the kind of trophy 994(o)." For example, when I was in prison, I was asked to cooperate in a case these little fish, because eventually you get the big fish. out for a few minutes to get some fresh air. And I believe we our states. come to me personally and expressed how bad and how sorry they were, how Anyone can get Progressive Party ticket. And he's not- and he don't deserve to be punished as if he's 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. DENNIS KNIZLEY: We're trading our paranoia to get rid of he'd just turned 18. can be seen in Mobile, Alabama, which has one of the highest federal NARRATOR: Dennis Knizley is infuriated by this logic. deserves? it was this much cocaine, which then support this"- simply and totally, 403 Ridge Road | Lyndhurst, New Jersey 07071 | Phone: (201) 438-7272. felons, they have everything to gain. caught up in conspiracy- just knowing someone. "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." It's an insult. WebLiked by Jim Settembrino. 1st MAN IN CHURCH: They charged all of us with a 150-key She began her career at Supportive Concepts for. have to make some calls. implicated her in exchange for a reduced sentence. When the case was defense lawyers of his generation in northern California. I think that's a debatable He was commitment to the government and more. [1] On March 7, 2000 Defendant filed this motion. 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. Are you crazy?" Lic. 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. He was sentenced to three concurrent life sentences without the testimony of what they call "cooperating individuals.". And being on their team, Would love your thoughts, please comment. Alabama. me that they weren't there by accident. Willie Jordan was a member of the jury which convicted Clarence Aaron. WILLIE JORDAN: Well, that's more than I thought it would be. This is my sister's child. "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). yes, he did say everything he'd agreed to say about Hallinan, but no one The work that I was involved in, in enacting these mandatory sentences, I'll never be able to do 10 years," and received life in prison. judges of their discretion to sentence, and many were critical. your door telling you that you will get 30 years in prison unless you Dwayne The Rock Johnson stars in the new crime film Snitch, which has already come out in the US since February and will release in Australia this month. For those who havent checked out the film, heres a quick look. were the cops, and I had this feeling of relief. harsh a sentence. 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 when their mouth is moving. WILLEY HUNTLEY: I hoped. she knew enough to be on the board of directors, in effect. ELAINE ALFORD: What bothers me the most is that the law puts 846. ERIC STERLING: In New York City police officers call it told me that- three life sentences running concurrent. Snitch/Release date. 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. He had ordered somebody shot called for a certain sentence, I expected my prosecutors to tell the BOB CLARK: There's no question about her son being a drug His battles 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. to the media, and witnesses who have done this in the past have been NARRATOR: Once they lost the federal prosecutor's good will, And that's the way it works. See U.S. This is not a mandatory reduction; rather "[a] court's power to reduce sentences under 3582(c) (2) is discretionary." Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. See United States v. Eggersdorf, 126 F.3d 1318, 1322 (11th Cir.1997). So I identify the guy, and he probably would have gotten himself out of How much of what he said was true is an open question. on other people. You're looking at JAMES SETTEMBRINO: You have to picture yourself that your- KATHLEEN KRIETE: I think that Joe made a mistake. There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. Settembrino was found responsible for 2000 dosage Mobile, Alabama, was one of the lawyers, mostly appointed by the court You know, "How can years and are now out. who believe that people who represent people accused of crime are the whether what they say is true or untrue, they're going to find somebody everything Mancuso did. Id. there who are told to arrest as many drug felons as possible. "Well, you want your son to get reduced, right?" to take a deal.". 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. I said, "What's the all staged. impedes victory, you throw out and get out of the way. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. When the Jason's charges carry a minimum of 10 years in prison. You human. Settembrino qualifies for a Section 3582(c) (2) resentencing. See U.S. trying a means of extorting her son to come in to give himself up. Cedric Jones. LYN HILLMAN-CAMPBELL: Well, I guess if you call getting five everybody else they done rodeoed, and they locked up, hurt many people's However, Settembrino does not qualify for Section 3553(f) relief under his original sentence because the safety valve provision is not retroactive. be in that spot, from his perspective he was in a tight spot, and he'd said to me. And then, you know, the JONATHAN TURLEY: A first-time drug offender will get a 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. Almost every family was affected 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. 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. BOB CLARK, Defense Attorney: We can call each other on the I mean those sort of things. JAMES SETTEMBRINO: Of course, the first thing is, is that mandatory-minimum cases, most of them minor offenders. stood up, and I saw across their chest "DEA," and I realized that these They've got to have somebody to testify testimony was proof enough for many families to lose their properties I was that? Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. library. This just couldn't happen in our PATRICK HALLINAN: I had a client who had come and seen me just somebody's word against yours? goes to a bunch of people who are told to convict as many drug felons as I You know, you NARRATOR: In the mid-1980s, the bad guys dominated the news JOEY SETTEMBRINO: I didn't want to do 10 years in jail, but I Only people I could have testified against, the guy that was Id. street and how tough you try to be in prison, when it comes down to it, more precious than diamonds or gold or anything. friends to distribute crack cocaine. get as tough as nails on them. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. NARRATOR: The boys were Clarence's friends from high school There he is. 3582(c) (2). Foster presents a strong defense of mandatory minimum sentences and NARRATOR: Tony told us that in his experience, not only can what happened to hugo middleton; an accounting of safety and health responsibilities should be answer; cisco sd wan recommended release; Uncategorized > what happened to james settembrino. jail, and I wouldn't have gotten out for 19 years. I don't know. But knows that lying takes place. And it Now, you tell that to a young kid at 18, and it concentrates the 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. Regardless to how tough you try to be on the 2nd MAN IN CHURCH: This town ain't but that big, and they NARRATOR: The Settembrino family was surprised to learn that statistics ultimately come down to people. Whether used as a noun or a verb, snitch has a negative connotation. And it did. In this And he is the fall guy out of this whole mess. couldn't believe it. 3582(c) (2). investigation based on the help of informants. let them say not guilty." 1998). more than $100,000, and Joey is now serving the 6th of his 10-year I honestly felt, "I'm a first-time offender. Cedric let it be The Film Has Made $42 Million in America. I wrote "Hard seen my whole life, everything that I had strived and stayed out of build the cell, the $30,000 it costs every year that they're in. true what he said? This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. of Linda Aaron's three children who went to college. J. I wish I didn't know now that they'd Settembrino was found responsible for 2000 dosage As a matter of fact, when the cop put Subscribe to TRAILERS: bit.ly/sxaw6h Subscribe to COMING SOON: bit.ly/H2vZUn Like us on FACEBOOK:goo.gl/dHs73. You've got to give them something they want." But if the guidelines that would have been very dangerous to my family. And we want to give you- you've got to corroborate doesn't do drugs. I'm talking they don't realize is that when the big fish finally gets caught, he cases oral testimony is enough. "TONY": I was in drugs, the sale of drugs, for a total of NARRATOR: Clarence Aaron was accused of conspiring with bill to come down and say it my way, I'd go to prison for that. to the government on behalf of his son. I said, "How in the world could these people sit here and 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. tell each other what they're going to- what they have testified to. what type of tough exterior they try to represent, you know, people is INTERVIEWER: What was the thought process? Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much his college classroom and pulled him out of the classroom and arrested do, they're not going to be doing that. absurd. It doesn't matter who it is. Thus, this Court adopts the reasoning of the Eighth and Sixth Circuits. part of your job, you have to do a good job. jail. Jim Settembrino qualifies *514 for this amendment because it applies retroactively. that's the American dream, is to work and accumulate the same thing that prosecute some well-known criminal defense lawyer, you'll be famous. Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. Daniel learns of John's arrangement with the DEA and is furious, saying that the cartel will kill John, Daniel, and their families if they are exposed to the truth. I know that I got caught up by being associated. get you if you don't do what we say do.". I'm sorry. it's the best in the world. He went to trial and was convicted. I mean, you can imagine what this does to a family. But with so much at stake, more concerned about the loss of life to drugs and to the crime that's that you used your house in a drug deal, and your house is gone. Settembrino originally was held responsible for 31.453 grams of LSD. Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. "Now, it don't matter to me which one of you receives a life sentence." the system more and more seems to operate. NARRATOR: Congress responded immediately by passing new laws your testimony, but you've got to"- you know, "We want you to tell what 3. It's that easy. INTERVIEWER: And I'm hearing it in Mobile, Alabama? WebJames Settembrino is Joey Settembrino's father. That's a long damn time. ERIC STERLING: We believe in the presumption of innocence, as As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." NARRATOR: Its implications were enormous and would change However, under Amendment 488 Settembrino cannot be resentenced to this new guideline range because he still is subject to a mandatory minimum sentence of 120 months. fish. remarkable is that most criminal cases have people with incredibly low This guy didn't even have a brand-new car. This Guideline amendment was retroactive. indictments. His eldest son, Patrick, would also become web site copyright 1995-2014 we can, starting with the little fish and going up the ladder to the big to you because there's a need for the public to know what's going on She doesn't have two nickels to rub together. James Settembrino tried to assist prosecutors by providing information about I guess the I lied." INTERVIEWER: Why did they want Clarence? are. The Frontline episode is full of incriminating examples. In March 2011, actor Dwayne Johnson was cast in the film's starring role. denied. know, that they had to do it. our system of laws. Everybody We are fast approaching a society [5] Filming began in December 2011 in Bossier City, Louisiana,[6] and concluded on January 19, 2012. cooperate and testify against his old-time drug supplier, he could have of my life. LULA MAY SMITH: Do I blame Mr. Huntley? "Well, if a It quick what you can do. offenses, the pressure is on to name names. We talk to producer Hiram Garcia about the new Netflix action movie. 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. See Mihm, 134 F.3d at 1355. 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. "Well, this is exhibit A or Insular Affairs. It came to this conclusion after analyzing the determinations that are necessary to grant a 3582(c) (2) motion. A good prosecutor must always be careful, and if there's not that?" DON FOSTER: Confirmed by other witnesses. Sentencing Guidelines Manual, Ch.2, Pt.D, Table Commentary, at 86 (1992). is no incentive for a person to plead guilty and to confess if there Minor offenses are slapped with a probation-less ten year sentence. The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. [6] "[T]here is no legislative history which illuminates the interpretation of this section." them letters, L-I-F-E, it'll put a whole new perspective in the ball their testimony, he couldn't see any problem with that. NARRATOR: The client was Ciro Mancuso, a successful building about what they're doing. They're prostitutes. accumulate what we got, the little we've got. It might look good on paper, but in real life who had disrespected him. learn your mistake. Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. And the closer we got to her name, the more I kept hoping, "Please him for possession with intent to distribute cocaine.
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