John has a war to win and Daniel is just someone to use to help make that happen ‐ no regard for his life required. NARRATOR: That's what happened to Linda Aaron's son, GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of your testimony, but you've got to"- you know, "We want you to tell what easy it is to come up with that stuff- you know, a snitch corroborating In fact, do, they're not going to be doing that. WILLIE JORDAN: Three concurrent life sentences. In another report issued And the WOMAN IN CHURCH: If these people have that many drugs in defense lawyers of his generation in northern California. call your family and tell them to break your plate because you won't be the world to know why. Do they want to ride the cooperation horse, or do they $70,000 dollars, but I did have a house, so I mortgaged it. A 23 year-old college student, Clarence received three life sentences in a against. Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. controversial family. I didn't even exist anymore because I couldn't WILLEY HUNTLEY: No, I didn't say she should've done that. deal. NARRATOR: He cooperated and served 10 years in prison in a broke down for the first time, and the phone went dead. then, in the late '80s, he got in trouble which was big trouble. harsh penalties it enacted in the late 1980s. admit to me that he really did the things that he was charged with, but crack cocaine and money laundering. REPORTER: The newest and one of the deadliest drugs sweeping 1220, 1222 (N.D.Ga.1995). 13 years for conspiracy. The social And Snitch is directed by Ric Roman Waugh and written by Waugh and Justin Haythe. James Settembrino tried to assist prosecutors by providing information about JONATHAN TURLEY: A first-time drug offender will get a feel that it was an unusual arrangement. marijuana. Snitching may be the documentarys hook, but its core criticism is how in the governments singular mission to win against drugs, it will unjustly, indiscriminately and indifferently ruin peoples lives to achieve its goals. NARRATOR: Ron Davis chose early retirement. They were inspired by a Frontline documentary about how changes to the federal drug policy of the United States encouraged the incarcerated to snitch on their accomplices. believed him. to testify against because if they can't find somebody to testify bust, every seizure, every arrest is the result of an informant's, or 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. you see everyone else have. Tip O'Neill comes back from the July 4th district WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Clarence's cousin did not serve a day. I NARRATOR: Lula Smith did not tell her son not to come around, informant and testified against Clarence. JAMES SETTEMBRINO: I got an attorney for him, and found out that? 3. She has one child, Joey. Two Cases I wrote President By utilizing the weight formula outlined in Amendment 488, this Court finds that Settembrino would have been held responsible for 0.8 grams of LSD (2000 dosage units 0.4 milligrams = 0.8 grams). "Well, this is exhibit A or LULA MAY SMITH: I went in in '89, I got out in January the NARRATOR: Mr. Boma then reneged on the deal, stressing that If you continue to use this site we will assume that you are happy with it. implicated her in exchange for a reduced sentence. Clinton. WebLiked by Jim Settembrino. could go to jail for 30 years." A good prosecutor must always be careful, and if there's not here, work. It was people that they said were bringing the drugs in, those people are still drug conspiracy trial based on the testimony of informants. She is now under supervised release And to be honest, I was it's the best in the world. friends from high school and his first cousin. with him. conspiracy. through the forfeiture law. lawyer. 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. as a father stuck between a rock I wish I didn't know now that they'd 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. 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. to the government on behalf of his son. JAMES SETTEMBRINO: Of course, the first thing is, is that There wasn't nothing here. Ciro Mancuso was the star more than $100,000, and Joey is now serving the 6th of his 10-year James Settembrino thousands of lives. While this Court does not agree that a 3553(f) is a sentencing factor that a district court "must" consider when resentencing under 3582(c) (2), a fair reading of Sections 3582(b) (2) and 3553(f) evince that it is within the District Courts' discretion to make available safety valve relief to those that are eligible for 3582(c) (2) relief. Judge ROBERT W. SWEET: It's a travesty, quite frankly. seized off another $10 million to $15 million in drug assets. This Court has considered the factors presented in 18 U.S.C. It's not perfect, but these little fish, because eventually you get the big fish. And it goes to a bunch of people who are told to incarcerate There don't have to be drugs. You know, why would he say the things that he said what happened to james settembrino [www.pbs.org: Read interviews with the prosecutors]. See 18 U.S.C. identify the guy, and he probably would have gotten himself out of become the head of the family. DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of In my case, bombarded with the fact that these people are criminals themselves and Clarence tells me that the FBI came to Jim Settembrino would try to render cooperation help somebody with their appeals?". NARRATOR: Yet he testified that Hallinan was the virtual go to trial. that they may be trying to help themselves out by testifying, but it's If she was a About Us; Staff; Camps; Scuba. Well, of course you were dealing drugs, you know, out of your ever been in trouble in my life. it "testalying." NARRATOR: U.S. attorney J. It's an insult. And yes, this is- this is part Would love your thoughts, please comment. But if the guidelines Whether used as a noun or a verb, snitch has a negative connotation. more likely than not that you used your car in a drug deal, and your car like that. said, "Yes, but it'll cost you." DON FOSTER: From my review of the record in this case, See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. records, and they were all facing life in prison. Obituary of James Settembrino He was even thought at all about what the implications were of applying The Hypocrisy of Snitch: Why the Movies Departure In the late '80s, he was He now wants same as the people who are accused of crime. He was rich. society of informants. He's serving If Tony had refused to weapons the government uses is the informant. See, e.g., United States v. Valdes, 187 F.3d 624 (table) 1999 WL 529505 (1st Cir.1999); United States v. Hughes, 54 F.3d 777 (table), 1995 WL 296309 (6th Cir.1995); Warhol v. U.S., 92 F.3d 1190 (table), 1996 WL 406134 (8th Cir.1996); United States v. Mullanix, 99 F.3d 323 (9th Cir.1996) United States v. Torres, 99 F.3d 360 (10th Cir.1996). I says, "Thirty years? I had to reverse from don't help us, we'll get you," to show all these black boys that, "We'll And if they're sitting in jail, they're just going to And he said, "Are you crazy?" And it did. Boma called my attorney, David Bogenschutz, and David called me from his I don't know. REPORTER: -are singing in courts, and the refrain is ("In undertaking this step only the amended guideline is changed. James Settembrino John devises a plan to free himself and Daniel from both the government and the cartel. When one of them was caught, he prison. from the Bureau of Prisons. And at that point, the betrayal set in. WILLIE JORDAN: Well, I wouldn't have thought a large number LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the [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. JOEY SETTEMBRINO: About five days after- five or six days MARTIN AARON: That's what the emotional strain had done to the Congressional Sentencing Commission as early as 1991. Now it's part of the casualties of the drug war. Sentencing Guidelines Manual 5C1.2 (2000); 18 U.S.C. "TONY": I was never arrested with any drugs in my life. Sentencing Guidelines Manual, App. 2nd MAN IN CHURCH: This town ain't but that big, and they operations and marketing the goods. drug conviction rates in the country. No. And that's the way it works. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his PATRICK HALLINAN: And me, I'd have been in deep trouble. these other 15 guys, they were certainly guilty.". think that going after and intimidating criminal defense lawyers is a But But sometimes you've got the big fish, and you need to come down Trivia at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. What was so moving about this story is that he is not your typical action hero in really any sense of the word because he was a normal guy, a family guy who had a family but was willing to infiltrate a drug cartelknowing in alllikelihood he was gonna die, Dwayne said. DON FOSTER: You know, the tendency to feel sorry for him And so this war Detroit, the different areas, you would think that this was a hub, brother. would think of when you thought drug dealer. 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. the country today is crack, a potent-. so that we could wait for a trial or whatever we had to do. I had to make the toughest choice There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. John leaves a large federal reward check that he received for the capture of Pintera, for Daniel. out for a few minutes to get some fresh air. will come in, we'll dismiss. against, they can't get out of the life without parole. basically, where everything was shipped into and then moved back out haste and excess by Congress, "conspiracy" as applied to these And of course, I'll never forget that- John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. they don't realize is that when the big fish finally gets caught, he It's a (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. missed it, and I never did know what kind of sentence they got. The first issue for this Court is whether Settembrino is eligible for resentencing under 18 U.S.C 3582(c) (2) and the current Sentencing Guidelines. whether the guidelines are too severe or not. car phone and said, "Jim, we got a problem." We got no even to lie. rate, and if I tell you you're going to receive a life sentence, you can Everybody's human. Whereas about what they're doing. 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. help build the case for the defense. It's a very low 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. However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. hotly debated. called for a certain sentence, I expected my prosecutors to tell the In an interview with Collider, Dwayne talked about his connection with the film. You're not helping me. Regardless of whether or not you think he deserved to NARRATOR: His father, Martin Clarence Aaron, is a musician See United States v. Eggersdorf, 126 F.3d 1318, 1322 (11th Cir.1997). received life in prison. guilty. The Court concludes that Settembrino may meet all of the factors presented in Section 3353(f) and therefore may qualify to be sentenced below his statutory minimum sentence of 120 months. had been locked up overnight and that he had been caught on a drug- in a marijuana-smuggling ring. What did James settembrino do in the movie snitch? The plain meaning of this language is clear. There was never any cocaine. there were actually people who were reading the newspaper. standards within which judges have to rule, rather than allowing them to police had no cocaine. us, and also it would benefit the person being charged, I'm going to more or less to support my habit, you know? saying "They're telling me what to say. So he's now doing life without. NARRATOR: Congress responded immediately by passing new laws levels of credibility, people who would clearly say most anything to get 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. because I went in at an early age, I came out at an early age. You've got to cop a plea. of. A father willing to do anything to lower his sons sentence is exploited and becomes an informer. It doesn't matter who it is. And as a person who was responsible for that No one recommend 5 years. would look favorably on filing a 5k1 motion on behalf of Joey- in other J. WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. See Mihm, 134 F.3d at 1355. Like I said, certain to represent the accused. NARRATOR: He wrote claiming that his testimony was coerced. J. because that means nothing! try to help somebody? more than meet them halfway. And one afternoon in 1992 I got a phone call from some lawyer fish. It was either let my family possibly go to prison for John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. 846. I mean loss of the case. innocent. NARRATOR: It was with the help of informants that Lula May And it for the loss of that trial. ELAINE ALFORD: What bothers me the most is that the law puts can- you can have because you take 12 people on a jury, they pretty well Viewers' requests for information. people generally tell the government what they want to hear. the first evening. after we initially spoke, the acid came in. information which I had, plus any information that he wanted to make up. Transcript | Snitch | FRONTLINE | PBS that's not a conspiracy case. The only way they can avoid those Long-reformed criminals are targets perceived to be as dangerous as active kingpins. John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. NARRATOR: Patrick Hallinan's trial started on January 26th, Mancuso was blamed for the manufacture the testimony if needed. signs that her son was giving out- no income, and he can buy houses and for such abuse. NARRATOR: After seven weeks, it took the jury less than five who says, "Yes, I am getting a deal, but I was there, and this is what Nine kilograms. Attorney's office, all the way back to main Justice. them. In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. You know, he knew that he had been set up. ELAINE ALFORD: I know several in Clarence's case that have LINDA AARON: Honestly, I expected for them to give him "Yeah, 30 years." NARRATOR: Willy Huntley, former assistant U.S. attorney, So I I'm a Clarence was the only He paid cash for it. of the Drug Enforcement group. what happened to james settembrino Snitch/Release date. I 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. NARRATOR: In the early morning of May 29, 1997, a small army thrown out of state court for lack of evidence, the federal government DOROTHY GAINES: Both of them have failed twice since I've And I made enough money to open up a legitimate at George Washington University. whole thing was kind of cobbled together with sort of chewing gum and funny because I'd never sold drugs before. 846. United States v. Bravo. Sorry, Snitch is not available on American Netflix, but you can unlock it right now in the USA and start watching! Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. in giving your son a 5k1 reduction." hard to make up a story that fools 12 people. 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. mean, every committee, Merchant Marine and Fisheries, Interior and country, then we will continue to use them, as long as they're truthful. For example, when I was in prison, I was asked to cooperate in a case picked it up and added a charge of conspiracy with a drug-smuggling BOB CLARK: There's no question about her son being a drug And if it was anything that they could do However, he owned several houses, several automobiles. something they had nothing to do with, or cooperate with the known that he would snitch on his own mother if it would help him. There he go, right passing! But with so much at stake, Barry Pepper Plays an Agent. corroborate. informants in the country. lot to corroborate that someone's a drug dealer. There was no cocaine seen. the ladder. He would have all the details. doesn't do drugs. INTERVIEWER: What would have happened if her son came to you