New Jersey v. Berry; Daniels; Burnett

A jury found defendants Kenneth Daniels, Levell Burnett, and Barry Berry guilty of being leaders of a drug trafficking network, known in New Jersey as the “kingpin” offense. As to the four material elements of the kingpin offense, the jury asked whether it was “possible” to be a supervisor (the third element), but not to occupy a high-level position (the fourth element). The New Jersey Supreme Court considered whether the judge’s response to that question was error capable of producing an unjust result. The Court also considered the Appellate Division’s determinations that the trial judge should have modified element four of the model kingpin charge by adding language from New Jersey v. Alexander, 136 N.J. 563 (1994), to further explain what constituted a “high-level” member of a conspiracy and that the judge needed to tailor the kingpin charge to the evidential proofs admitted against each defendant, as well as its determination that Berry’s motion for a judgment of acquittal should have been granted. The Supreme Court held that judges are encouraged, when practical, to respond “yes” or “no” to unambiguous and specific questions posed by juries during deliberations. Without concluding he should have answered “yes,” the Appellate Division determined that the trial judge failed to adequately address the “fundamental import of the jury’s question.” It found that the trial judge should have modified element four of the model kingpin charge by adding language from Alexander, and it determined that the judge needed to tailor the kingpin charge to the evidential proofs admitted against each defendant. The Appellate Division therefore reversed the kingpin convictions as to defendants Kenneth Daniels and Levell Burnett. As to defendant Barry Berry, however, the appellate court reversed an order denying his motion for a judgment of acquittal and vacated his conviction. The Supreme Court held the trial court was under no obligation either to mold the charge sua sponte by factually addressing the varying levels of authority that each defendant played in the conspiracy or to modify the model charge by adding further definitional language from Alexander. And the Court concluded the trial judge properly denied Berry’s motion for a judgment of acquittal. The Court therefore affirmed as modified the Appellate Division’s judgment to vacate the kingpin convictions as to Daniels and Burnett; and it reversed the appellate court’s reversal of the trial judge’s denial of Berry’s motion for a judgment of acquittal. The case was remanded for a new trial against all defendants on the State’s kingpin charge.