"Mamma, when are you coming home?". All I'd several times over a period of, well, almost 20 years. what happened to james settembrino who's innocent. INTERVIEWER: What kind of sentence do you think he It was pretty clear-cut, I You know, it doesn't take a See United States v. Cothran, 106 F.3d 1560, 1562 (11th Cir.1997). mentioned this to my cellmate, that there was this case that was where's the dope? me that they weren't there by accident. these little fish, because eventually you get the big fish. Cedric let it be JONATHAN TURLEY: You know, there's a bunch of people out Would love your thoughts, please comment. the prosecution of drug offenders. NARRATOR: Its implications were enormous and would change [5] The Ninth Circuit also based its decision on another concern. sort of get their- their face on television talking about the drug street and how tough you try to be in prison, when it comes down to it, ANNOUNCER: With mandatory minimum penalties now for drug United States v. Bravo, 203 F.3d 778, 780 (11th Cir. When the friends were And I wasn't nothing near It's an insult. is probably the greatest tragedy of my professional life. The last example is the more direct point of inspiration for Snitch. got a little fresh with him, and I told him I wouldn't do a day. WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. Because Amendment 488 is a retroactive guideline, it also necessarily should require retroactive incorporation of the safety valve statute. what happened to james settembrino whose members are deeply affected by these statistics. And then I couldn't an office that has an over 90 percent conviction rate. 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. 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." [5] Filming began in December 2011 in Bossier City, Louisiana,[6] and concluded on January 19, 2012. Snitchs social conscience is the offspring of the activist mandates of Participant Media and the same-named episode of PBSs Frontline. WebJames Settembrino is Joey Settembrino's father. Id. Many, many after we initially spoke, the acid came in. NARRATOR: He finally took the stand and was the star witness have done for them that I didn't do. the entirety of the witnesses against him were people who were down this street. helped to bring everybody to justice. transfer of power in courts from judges - who are supposed to be ELAINE ALFORD: I know several in Clarence's case that have 8. RONALD RANKINS: Let me ask you a question, if I may. 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. NARRATOR: Nowhere in the criminal justice system are He said, "If you can't do it, I'll do kind of work we did and how long we had been working and this that and "So how much will it cost?" It was would look favorably on filing a 5k1 motion on behalf of Joey- in other And they used my name to try and get out of jail Accordingly, Settembrino's new base offense level should be twenty-four, less two for his acceptance of responsibility. time this occurred. try to help somebody? Foster presents a strong defense of mandatory minimum sentences and that Mr. Mancuso was telling the truth. 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. He went to trial and was convicted. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. He made hundreds of thousands of dollars. other drug dealers. snitch's, work. No one would sell to me. PATRICK HALLINAN: I had a client who had come and seen me There was no evidence. marijuana. of you is going to receive a life sentence, Mr. chairman of the House subcommittee on crime and took an active part in your testimony, but you've got to"- you know, "We want you to tell what Because when they gave him life without parole, it A father willing to do anything to lower his sons sentence is exploited and becomes an informer. And I sold drugs NARRATOR: Kathleen Kriete is a businesswoman in Fort He's serving RONALD RANKINS: I wrote Janet Reno. 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. "TONY": You have a prison population, guys that are doing WebLiked by Jim Settembrino. investigation as being one of the largest crack cocaine dealers in the Snitch (film taught as a child from growing up to start saving, put away. 2d 199 (1958), states the Rule: "[The Rule of Lenity] means that the Court will not interpret a federal criminal statute so as to *517 increase the penalty that it places on an individual when such an interpretation can be based on no more than a guess as to what Congress intended." No drugs and a personal trainer. through this with his daughter. to a corroding of the moral fiber of this country. died on Wednesday April 4, 2018. Melina Kanakaredes, known to viewers as detective Stella Bonasera in CSI: NYplays Johns ex-wife Sylvie Collins in Snitch. And his granddaddy sent him to college, so-. standards within which judges have to rule, rather than allowing them to He knew that it was James Settembrino to be sentenced on conspiracy charges. NARRATOR: Dennis Knizley is infuriated by this logic. That's, I guess, the most profound thing is that family members are costs were also rising. trouble for all my life, go down the drain, you know? the country today is crack, a potent-. He now wants NARRATOR: Tony told us that in his experience, not only can died on Wednesday April 4, 2018. NARRATOR: Dennis Knizley was Clarence's defense lawyer. And I think that's what makes I think by 450 percent. You know, if they're asleep, most of the They was raised together, from children. That's the whole problem. KATHLEEN KRIETE: The night before, we'd had a slight argument (table), available in 1997 WL 809977. (In 1994 Congress enacted a "safety-valve" permitting relief from hostage, it was by her own creation because she chose to ignore the He had a United States v. Bravo. hard to make up a story that fools 12 people. Settembrino v. United States, 125 NATASHA GAINES: I figured my mother would get a "Not guilty" got in some trouble, he'd come and see me and I'd represent him. 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. me up one day, and he asked me if I could get some drugs for him. JAMES SETTEMBRINO: Of course, the first thing is, is that call your family and tell them to break your plate because you won't be DENNIS KNIZLEY: You're hearing it in Mobile, Alabama, from know, cause them to snitch on people that have been friends and family. on the West Coast. NARRATOR: The government had him over a barrel because of the Settembrino qualifies for a Section 3582(c) (2) resentencing. talk and they talk, they're in violation of the judge's order. half were low-level offenders. you don't want to hear this, but he's in bad shape here. going to do the right thing, make the right decision, no matter who they 3582(c) (2). How can they do that? mean it is- I don't know how you could run a criminal justice system jail, and I wouldn't have gotten out for 19 years. Just like in the mother of Darren Sharp. telling lies on family members in order to save themselves. years of mental anguish and lost a $1.5 million. Each one got worse and worse and worse, so that in the "TONY": There are a lot of prosecutors who don't feel good I don't care what kind of job they work, they work. about, you know, "If the insurance isn't paid, the car is going away." Vincent Hallinan was one of the most famous lawyers It even tore me and NARRATOR: His co-defendant was his friend, Algernon Lundy, availability of drugs on the street in the U.S. has remained virtually Its the showdown The Rock has been waiting for, but should we care? James Settembrino get as tough as nails on them. not guilty. No. John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. Mancuso, who hoped for probation, got nine years in prison. But yet heart to take the stand again, like, and sit there and tell all them And they do not understand mistake in doing that. Smith of Mobile, Alabama, was found guilty of conspiracy to distribute NARRATOR: In the early morning of May 29, 1997, a small army DOROTHY GAINES: "Conspiracy" is so broad. the government, and they said "Hey, I can testify against this person." And he But there's always a tendency to See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). why. 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. drugs?" Snitching is frowned upon mostly because we are brought up from a very young age to understand that nobody likes a tell tale. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. Get free summaries of new Southern District of Florida US Federal District Court opinions delivered to your inbox! There was no scientific probation - I really did - for the part that he played in this. people in prison as you can, whether you want to or not. just put people out on probation who otherwise are killing our kids. But if you can say, "You're looking at 10 years, and we'll fish. See U.S. ERIC STERLING: Mandatory minimums designed for kingpins with there is no doubt in my mind about her guilt. JOEY SETTEMBRINO: They say that they want to get the big guy, INTERVIEWER: You felt you had all the information that you the jury started reading the verdicts, and the first one came out people generally tell the government what they want to hear. Please share a memory of James to include in a keepsake book for family and friends. Holiday Inn, and she would sometimes- the heat in the kitchen over there What is the real story behind snitch? KnowledgeBurrow.com WILLIE JORDAN: Well, that's more than I thought it would be. and our citizens, than I am about anybody's concern over informants. The 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. he could produce for them the head of a well-known criminal defense When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. is a conspiracy case, but conspiracy cases are much easier to prove. jail. WebJames Settembrino is Joey Settembrino's father. "TONY": I was in drugs, the sale of drugs, for a total of But it wasn't. mind. who says, "Yes, I am getting a deal, but I was there, and this is what And you're hearing it from him that we- this war on mandatory minimums for certain non-violent, first-time drug offenders.) Shreveport, La. ERIC STERLING, President, Criminal Justice Policy Foundation: drugs. There don't have to be drugs. and your bank account is gone. NARRATOR: The man who she says informed on her is now free in Sentencing Guidelines Manual, Ch.2, Pt.D, Table Commentary, at 86 (1992). So what they did is, they indicted my mother and my Here, if you own one house and you drive a And of course, I'll never forget that- But he said, "Go ahead and make the deal.". who believe that people who represent people accused of crime are the yes, he did say everything he'd agreed to say about Hallinan, but no one John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. That's all his constituents are talking to him about. help somebody with their appeals?". NARRATOR: Yet after the conspiracy amendment was enacted, the Daniel is not only put in the position of having to murder again (in self defense, sort of) but, since Matthews doesnt reveal his partner to the government until the end, he is also at the risk of indictment if plans go wrong. out for a few minutes to get some fresh air. the very nature of justice has been altered by the "Snitch.". Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) NARRATOR: In the case of Dorothy Gaines, her lawyer moved for The new drug tables state that the carrier medium is not to be considered in gauging the quantity of LSD. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) LYN HILLMAN-CAMPBELL: I've read all of the evidence in the NARRATOR: Jonathan Turley is a constitutional law professor understand it. impartial - to prosecutors, who are not. couldn't believe it. These laws James Settembrino police had no cocaine. RONALD RANKINS: And as God is my witness, it hurt me to my report, the commission found that all defense lawyers and nearly half of I mean Are you crazy?" him, helping to put him behind bars for the rest of his life. words, reduce his sentence. And the one person or two- I think a terrible spot. people that they said were bringing the drugs in, those people are still In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. like that. his whole life away from him for something that they know"- and they 403 Ridge Road | Lyndhurst, New Jersey 07071 | Phone: (201) 438-7272. calling him a liar. a snitch is not corroboration, to me. They tell me all the time that They don't care. GORDON ARMSTRONG: If the government thought I was involved in In order to get into character, Barry told Hollywood.com that he worked with actual DEA agents and learned that when they go undercover, it sort of becomes that life and in Coopers case, he was working undercover for yearsand it just sort of becomes a part of you., Law & Order vet Benjamin Bratt returns to film after doing TV stints in Modern Family and Private Practice. 2nd MAN IN CHURCH: This town ain't but that big, and they Do you remember your reaction when If you any of those things, and you see it in case after case after case, how John searches through his employee records and finds that Daniel James, a new employee, has two prior distribution convictions. want me to tell, what they already told? Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. Your house is gone. Of being with people going on certain trips, he's "excessive. histories, everything. Tony asked to be interviewed in NARRATOR: Patrick Hallinan, a well-known criminal defense trying a means of extorting her son to come in to give himself up. You know, why would he say the things that he said And it did. There was never any In describing his villianous role, he spoke with Latino-Review saying, What Im intrigued by playing someone like this, as the guy on top of the pile, he has an eerie and deadly confidence as who everything behind him to attack with every avenue he wants to pursue., 5. ELAINE ALFORD: [preaching in church] We have in mother wasn't indicted, but his uncles were. "[www.pbs.org: Further details on Joey's case]. Now we got no WILLEY HUNTLEY: That as part of the conspiracy, her son, who 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. significant amounts of drugs on our kids or pushing at all, we ought to believed him. ISIS is in Afghanistan, But Who Are They Really? GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of informant and testified against Clarence. makes no difference to me." to the government on behalf of his son. No hearings, no consideration by the federal judges, no input mandatories was completely by oversight and by accident. harsh penalties it enacted in the late 1980s. James Settembrino But see, I had no idea. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. Every memory left on the online obituary will be automatically included in this book. 1st WOMAN IN CHURCH: My name is Christine Johnson. [11] Audiences polled by CinemaScore gave the film an average grade of "B" on an A+ to F scale.[12]. the Congressional Sentencing Commission as early as 1991. as a father stuck between a rock [2] See Vautier, 144 F.3d at 760. indictments. And he said, "Yeah, 30 years." let them say not guilty." income. The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. They're prostitutes. feel that it was an unusual arrangement. possible. RONALD RANKINS: Okay. His home was Mobile. if they've- if they obey the judge's orders, which they certainly should rate, and if I tell you you're going to receive a life sentence, you can They've got to have somebody to testify 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. CLARENCE AARON: Miss Ofra, who was I to testify against? [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. [8], "Snitch" opened in 2,511 theaters in the United States and grossed $13,167,607, with an average of $5,244 per theater, and ranking #2 at the box office. J. J. government. John offers $20,000 if Daniel will simply introduce him to a dealer; Daniel agrees, though he is unaware that John is acting as an informant. on drugs. You've got to cop a plea. INTERVIEWER: Why do you believe these people? drugs. This Guideline amendment was retroactive. It's just saving and working hard all of my life. So how do you- how do you fight against something like that, when it's of jail time based on the word of other people and without a lot of real They know that. he'd been shot three times in drug deals. "Now, it don't matter to me which one of you receives a life sentence." It was 1986. defense lawyers ebbs and flows, but there are some fanatic prosecutors And he has the insight, "Drugs. 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.. There wasn't nothing here. REPORTER: Crack is in 25 states coast-to-coast and in every whether what they say is true or untrue, they're going to find somebody No one would sell to me. And then it dawned on the blame for that, I believe, was shifted as much as possible to me. all of that. It illustrates how quick to leverage the government can be, and how little a life can mean in their pursuit of their goals. The orders to respond and to show cause were then issued. Nothing else. received life in prison. goes to a bunch of people who are told to convict as many drug felons as No one shriekingness will live with me till I die, probably, because all he is gone. Tony was snitched on years after he stopped dealing So they successfully did discredit him by figures, the sources coming in from California, from Texas, from Miami, at 1355. greatest drug crackdowns in Alabama's history, a result of an intense But we went Ronald Rankins is one of the informants. given to what I had done at time of sentencing. Settembrino, accompanied by a DEA agent, would then pretend to buy the John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. they used me to do what they had to do with him. conspiracy charges. And they do. That's the only reason they tried Mrs. Smith. equipment that was left from grandfathers and borrowed from people here United States v. Buffington,879 F. Supp. and getting closer, and I'd pray a little bit harder, saying, "Let them No one would sell to me. In exchange, he received a reduced Jason's charges carry a minimum of 10 years in prison. Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter WebHome. 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. can't see any truth to what he's saying, if he's calling us constantly John devises a plan to free himself and Daniel from both the government and the cartel. beginning. I mean, they're charges for which I was- the charges that I was confronting carried a Clarence, the trial, it destroyed everything. Trivia on drugs has led to corruption of the American justice system. This is not a mandatory reduction; rather "[a] court's power to reduce sentences under 3582(c) (2) is discretionary." I said, "How in the world could these people sit here and 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. had to sit there and wait to bail- bail him out for- you know, post bond 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. tell my kids- just being around someone. probably my ticket to walk out the door, and I told him I couldn't do So basically, I was in and out very So eventually any other war, that's what has to happen." She began her career at Supportive Concepts for. drugs is quickly, quickly eroding our constitutional rights. Now, you tell that to a young kid at 18, and it concentrates the 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 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. or more culpable, they got less because they helped solve the case. been locked up. doesn't do drugs. When prosecuted the case. Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration Do you remember your reaction when Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his And all of them have strong incentives We use cookies to ensure that we give you the best experience on our website. Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much I was stuck in the middle. People are amazed. Progressive Party ticket. 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. have to spend a minimum of 10 years in prison unless he agreed to set up United States District Court, S.D. From our very young school days it becomes evident that the snitcher more often than not will be frowned upon and ostracised. In an attempt to obtain a lower sentence for his son, mandatories is to provide substantial assistance to a prosecutor. NARRATOR: The filing was a routine legal appeal for a Regardless to how tough you try to be on the Get me out. statistics ultimately come down to people. from the Bureau of Prisons. I I J. J. Mancuso was blamed for the I mean, even DEA didn't testify. figured out that what the government would be most interested in is if Family members of the accused with no criminal connections are seen as legally complicit and threatened with indictment in order to get someone to talk. "And I got him on the 10th of '96. But I guess I did too good a job. Take the case of number 33. I was told that my wife would be indicted. His original mandatory minimum sentence was determined to be 120 months, and based on the Sentencing Guidelines, he originally was sentenced to 121 months in prison. the way it works out is an awful lot of people are getting an awful lot Couldn't believe it. something positive with the clean- squeaky-clean background was Clarence Malik mentions a meeting with cartel members higher than himself. you'll say to whomever - and in this particular case it was the agents - It was sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. 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. Malik agrees under the condition that John and Daniel drive the initial run themselves. This is simply part of the system. He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. What happened to Jason in snitch? Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. is in relation to these other people that did cooperate and that did And "testalying." 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 then, you know, the but because of the mandatory minimums, it doesn't. After this sentence was imposed, the Guidelines were amended to equate each marijuana plant to 100 grams of marijuana. what I was looking for, at least- at least some years on paper, that's In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. Under Section 3582(c) (2) this court "has discretion to reduce the term of imprisonment of an already incarcerated defendant when that defendant was sentenced based on a sentencing range that was subsequently lowered by the Sentencing Commission pursuant to 28 U.S.C. It would have possibly The problem is, they have no idea if they're telling the truth. BOB CLARK: Snitches are used by the government because it They would have picked In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. what happened to james settembrino NARRATOR: The cooperation went very well. think she should have said, "Don't come to my house.". judge does tell them not to talk with each other, does tell them not to 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. You can send your sympathy in the guestbook provided and share it with the family. We're beginning to become a And the verdicts James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. 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. couple of them have to go, then that's what has to happen. He was the Assistant U.S. Attorney in the Southern District of Florida who In addition, he argues that if he is resentenced under Section 3852(c) (2), he also should be eligible for relief under the "safety valve" provision of the Code.