Streed was the defense's only mitigation witness. Causey v. United States, 530 U.S. 1277 (2000)..FN16. 3592(c)(9). FBI ballistics tests matched a 9 mm pistol found in Causey's bedroom to a bullet casing found at the scene of Groves' murder. Further, the district court clearly instructed the jury at the beginning and end of both phases of the re-sentencing hearings that counsel's arguments are not evidence. It is well-settled in this circuit that when a communication is received from the jury, counsel should be informed of its substance and afforded an opportunity to be heard before a supplemental charge is given. He gets a free pass. "The unsupervised, unregulated detail system practically encourages police officers to break the law, " Jordan said. Shortly before Davis's re-sentencing hearing, the defense proposed sixteen mitigating factors for submission to the jury, listed here in relevant part: 1. Jones, 132 F.3d at 241. FN14. The special interrogatory on the verdict forms, however, asked whether he posed a threat of future dangerousness to the lives and safety of other persons in prison. (emphasis added). As a police officer, Len Davis intervened and persuaded a woman who was threatening to commit suicide and/or kill him and his partner to surrender her gun. Therefore, the defendant and the government may introduce any relevant information during the sentencing hearing limited by the caveat that such information be relevant, reliable, and its probative value must outweigh the danger of unfair prejudice. United States v. Jones, 132 F.3d 232, 241 (5th Cir.1998). We also vacated Davis's and Hardy's death sentences as to all three counts because the jury did not make separate recommendations concerning the appropriate penalty for each count of the conviction. Former New Orleans resident. We examine his claims in turn. To establish Davis's relationship with Hardy and Hardy's reputation for violent acts, the Government presented testimony from Williams, Davis's partner in 1994 and friend since 1990, and Leon Duncan, Davis's partner before Williams.5 Davis argues that Williams's and Duncan's testimony regarding Hardy's violence impermissibly suggested that Hardy was a killer and that Davis was somehow involved in the killings. Because Davis did not object to the first four categories of comments in the prosecutor's closing argument, we apply only plain error review. His wife and children are in our thoughts. Position: OT. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. Review of this issue is foreclosed because Davis's conviction on both counts, based on sufficient evidence, was affirmed in his first appeal. Third, the Government presented video surveillance from Operation Shattered Shield. The prejudice step sets a high bar The determinative question is whether the prosecutor's remarks cast serious doubt on the correctness of the jury's verdict. Id. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. [21], Causey was convicted of federal conspiracy charges and violating Groves' civil rights. All three defendants appealed, citing numerous points of error individually and collectively. We therefore will not reverse Davis's sentence on this ground. Id. And I want you to listen to what I'm saying. The victim-impact testimony here did not violate Davis's due process rights. In United States v. Flores, 63 F.3d 1342 (5th Cir.1995), we construed the word substantial as used in the substantial planning and premeditation aggravator to denote a thing of high magnitude. 63 F.3d at 1373. The ultimate question before us, however, is not the impropriety of the prosecutor's remarks but whether these remarks were so inflammatory that they entitle the defendant to a new trial. United States v. Lowenberg, 853 F.2d 295, 301 (5th Cir.1988). However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. United States v. Davis, 912 F.Supp. We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". Prior to the August 2005 re-sentencing, and again after Jasmine's direct testimony, defense counsel obtained permission from the court to question her about a letter she and her family had sent to the United States Attorney General in June 2005. UNITED STATES OF AMERICA Plaintiff-Appellee v. LEN DAVIS Defendant-Appellant. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. The district court had previously severed Davis and Hardy's re-sentencing hearings. In addition, the court's instructions regarding consideration of mitigation evidence ensured that the jurors considered the mitigation factors correctly. Streed described several incidents in which Davis had been assaulted or threatened with violence on the job, and his subsequent behavioral changes including alcohol use and increased internal-affairs complaints brought against him. Accordingly, review of this issue is foreclosed. Don't let that happen..FN12. Create a free ODMP account now for these benefits: Create an account for more options, or use this form to leave a Reflection now. FN13. A. Webhampton club new brunswick, nj for rent; unsworth medical centre; whatcom county shooting laws. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. Crime after crime is introduced and solved; cast members come and go. Davis argues that intervening case law has created a contrary decision of the applicable law such that the law of the case doctrine does not apply. One of his contacts was Hardy, a man who was arrested but cleared in two previous New Orleans killings and is described in the complaint as the leader of a violent drug gang. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. Sammie Williams is equally or more culpable than Len Davis and he will not be punished by death. 3593(e). [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. Id. The rule announced in these cases simply made clear that the death resulting component of 241 and 242 must be alleged in the indictment and found by the jury beyond a reasonable doubt. And it was an insult on our entire criminal justice system. Police officers put their lives at risk every day in the line of duty. In his first claim, Davis challenges the sufficiency of the evidence to support the sentencing jury's finding that he posed a threat of future dangerousness while imprisoned. Our review of the record comports with Davis's contention, because there is no evidence that the district court judge notified the parties before answering the jury's question. But see United States v. McWaine, 243 F.3d 871, 873-74 (5th Cir.2001), overruled on other grounds by United States v. Cotton, 535 U.S. 625 (2002) (applying the two-step analysis where the defendant did not object to prosecutor's allegedly improper remarks); United States v. Lankford, 196 F.3d 563, 573-74 (5th Cir.1999) (same). How much investigating did you do, Dr. Streed, apart from the sheer and the bare numbers of the crime stats of 1994; I mean, did you compare things with '95? He won't be punished at all. The Court did not announce any new elements or criteria for determining a Batson claim, but rather simply made a final factual and evidentiary determination of that particular petitioner's Batson claim pursuant to the demanding but not insatiable standard set forth in [the relevant statutory provisions governing habeas review]. Next, after establishing that Streed was familiar with Causey and Hardy, the prosecutor asked if Streed was aware of a war between Hardy and Poonie, another drug dealer in the Florida housing project located in the Fifth District, in 1994. FN12. Q. (citations omitted). "Lennie Davis asked for a cellular telephone, " Gallagher said. Therefore, Davis's convictions cannot be overturned on this basis. And I want you to listen to what I'm saying. Director Jim McBride Writers Daniel Petrie Jr. (screenplay by) Jack Baran (screenplay) Jim McBride (screenplay) Stars Dennis Quaid Ellen Barkin Ned Beatty See production, box office & company info Do not capitulate, be vigilant. We're going to be in a holy war. Brady prohibits the Government from suppressing evidence favorable to the accused where the evidence is material either to guilt or to punishment. Brady, 373 U.S. at 87. The prosecution stated:He's already serving life for the cocaine conviction. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. Q. Now, you pleaded guilty just about a year ago. I said, Paul, Paul Hardy? Websammy williams new orleans copdeny the witch 9th edition rulesdeny the witch 9th edition rules And it was an insult on our entire criminal justice system.. Show Transcript. As long as there have been cops in the Big Easy, there has been bad cops. Streed replied that he was not. About 45 minutes later, Davis called Hardy again to complain that Hardy had not killed Groves yet, and described Groves's clothing and location in detail. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. During the second or selection phase of Davis's re-sentencing hearing, the Government presented evidence to prove that Davis posed a threat of future dangerousness while imprisoned, a non-statutory aggravating factor. For if the defendant thinks of Kim Groves at all, it is only to ponder how he could have done this murder better. At the time he was planning the murder with Hardy and Causey, Davis was unaware that he was the target of an FBI undercover investigation into corruption in the NOPD. [7][8] Davis had extorted protection money from a drug dealer who was an FBI informant. If the jury returns both findings, the proceeding moves to the second or selection phase. FN8. If not now, when? Although Len Davis can distinguish right from wrong, and deserves to be held accountable for his actions, his behavior was negatively impacted by the stress of working in a high crime area. You only go to jail if you were the gunman. This plausible explanation makes it debatable as to whether the remarks were intended to comment on Davis's failure to testify in the sentencing hearing. But the most reasonable reading of the district court's answer is that the jury should have considered Davis's threat of future dangerousness while imprisoned or in prison-i.e., that the terms are interchangeable, and the wording discrepancy was a clerical error. No juror found any mitigating factor. 529 U.S. at 627. 1512(a)(1)(C) and 2. Birthdate: December 14, 1974. 2783 (2009). Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. 416 F.3d at 439 (internal citations omitted). We're not going to tolerate it, " Morial said. Therefore, Davis suffered no prejudice. Start a rewarding career. United States v. Bieganowski, 313 F.3d 264, 293 (5th Cir.2002) (citing United States v. McDuffie, 542 F.2d 236, 241 (5th Cir.1976)); United States v. Sylvester, 143 F.3d 923, 928 (5th Cir.1998) (Upon receiving the note from the jury, the court should have notified counsel of the message, shared its contents and granted each side the opportunity to be heard.). Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. That shit ain't gonna fly, man. Here, the prosecutor restated Jasmine's testimony that Davis never apologized in the context of discussing the family's wishes (and how they changed from wanting a life sentence to wanting the death penalty). (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). Admission of the testimony is not sufficient to reverse Davis's sentence. The fact is so reprehensible it demands a sentence of death. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. That cellular telephone was used to monitor a lot of the details associated with protection of the warehouse.". Very bad. He won't be punished at all. If you have a question, ask him a question. Paul Demarest. The factor states, in relevant part, The defendant committed the offense after substantial planning and premeditation to cause the death of a person. 18 U.S.C. Michael Perlstein and Walt Philbin wrote this report. [19], Hardy was convicted of conspiracy to violate Groves' civil rights and of witness tampering. See Flores, 63 F.3d at 1373-74. As part of the probe, Police Superintendent Richard Pennington Monday called more than 50 police officers, including commanders, to the Municipal Training Academy. The description matched what Groves had on at the time of her murder. Government Exhibit LD-9 is the wiretap excerpt of a conversation between Hardy and Davis the evening of October 13, 1994, when Davis first mentions his desire for Hardy to kill Groves. Given the severity of the penalty in this case, we will review the claims separately. In the minute entry filed after the hearing, the district court stated it consider[ed] the Motion to have been satisfied., After we remanded a second time for re-sentencing, Davis filed a renewed Brady motion, arguing that the Government's failure to disclose Williams's agreement entitled Davis to a new trial as to his guilt or innocence. ), cert denied, 129 S.Ct. You can use evidence that's admissible and been admitted, but please don't go beyond that. The court then charged the jury that they must decide whether Davis posed a threat of future dangerousness to the lives and safety of other persons while imprisoned. (emphasis added). On this Wikipedia the language links are at the top of the page across from the article title. He gets a free pass. Davis argues that his constitutional privilege against self-incrimination was violated by the italicized remarks, which highlighted his silence (particularly because he was absent from the proceedings). See Bernard, 299 F.3d at 479-81 (holding that error in admitting minimal victim impact testimony in which victim's mother directly addressed defendants did not affect substantial rights in light of the impact on the family); see also Griffith v. Quarterman, 196 F. App'x 237, 245 (5th Cir.2006) (per curiam, unpublished) (in a habeas case, rejecting Due Process challenge to admissibility of victim impact evidence where only one witness (victim's brother) testified and prosecutor made only passing reference to testimony in closing argument); cf. Count One-Part B states: in prison. On Pg 9-Issues to be decided states: while imprisoned., The district court judge responded in writing: I apologize for the different terminology. The arrests stem from a 10-month federal probe of police corruption that is expected to result in charges against as many as 11 other officers who allegedly were involved in large-scale drug trafficking, sources said. 4. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. Davis argued this motion pro se with his back-up counsel present. WebBecome a New Orleans Police Officer Make a difference. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. A.I am sorry, I don't think I understand your question. [12] Kim Groves, a 32-year old local resident and mother of three young children, witnessed the assault and filed a complaint with the New Orleans Police Department. . Huh? Davis and his police partner Sammie Williams are quoted talking to Hardy at 11:22 p.m., moments after police officially logged Groves' death as a murder: Davis: Yes! The Fifth Amendment prohibits a prosecutor from commenting on a defendant's failure to testify, Griffin v. California, 380 U.S. 609, 615 (1965), if the prosecutor's manifest intent in making the remark must have been to comment on the defendant's silence, or the character of the remark must have been such that the jury would naturally and necessarily construe it as a comment on the defendant's silence. Jackson v. Johnson, 194 F.3d 641, 652 (5th Cir.1999) (citing United States v. Grosz, 76 F.3d 1318, 1326 (5th Cir.1996)). Your response to his behavior cannot be tepid, it cannot be timid, it must be certain and it must be in kind and it must express our outrage and unyielding commitment to the rule of law.[Len Davis] deserves justice and justice can only be had in this case if the death penalty is imposed [Y]ou are the dispensers of justice in this particular case. If so, then we ask whether the defendant was prejudiced. A rookie New Orleans police officer is forced to balance her identity as a black woman after she witnesses two corrupt cops committing murder. After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. Such a pattern of behavior could easily translate to a penitentiary. Oldtimers at the police academy thought so and put it in writing. J.R. March 4, 2020. FN8. Fields, 483 F.3d at 360. In two conversations, Davis, using a cellular phone in his car, directed Hardy to Groves by giving detailed descriptions of what she was wearing. Most of the prosecutor's comments in the summation referred to Hardy's involvement in Groves's murder, and were corroborated by the wiretap tapes. Yes. The very first thing he does is call a murderer and dope dealer called Paul Hardy. In the following months, the FBI orchestrated an elaborate sting and watched in amazement as Davis and Williams recruited seven other cops to protect drug shipments and guard a cocaine-filled warehouse on Franklin Avenue, sometimes while on-duty and in uniform, Gallagher said. 18 U.S.C. United States v. Davis, 380 F.3d 821, 829-30 (5th Cir.2004), reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. This was in direct response to the court's sustaining his objection to the prosecutor's mention of other criminal cases in the Government's summation. The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. Moreover, we have previously held that [a]though the prosecution may not appeal to the jury's passions and prejudices, the prosecution may appeal to the jury to act as the conscience of the community. Jackson, 194 F.3d at 655 & nn.54-56. [PROSECUTOR]. Davis moved for reconsideration, arguing that the death sentences were precluded by the indictment's failure to include the requisite specific intent element and statutory aggravating factor under the FDPA. In his second claim, Davis argues that the district court committed reversible error when it provided an ex parte response to a jury question during deliberations. at 1540. A big break in the case came when Davis - described as the ringleader of the nine cops - asked for a cellular telephone to conduct business with the undercover agents. The FBI agents who testified at the same hearing stated that they assumed Williams had an agreement, and indicated as such in their summaries of interviews with him after his arrest. Davis stated that trial testimony from FBI personnel revealed that Williams was promised witness protection for himself and his family in exchange for his cooperation, and that the Government would consider filing the 5K letter for Williams. Government Exhibit LD-9 is the wiretap excerpt of a conversation between Hardy and Davis the evening of October 13, 1994, when Davis first mentions his desire for Hardy to kill Groves. Any defense by officers that they didn't know what was stored at the site will be countered with hours of taped conversations, they said. One of Hardy's favors, at Davis's request, was to murder Groves. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. 3593(b); see also Jones v. United States, 527 U.S. 373, 407-08 (1999). [T]he government does not have a duty in every case to introduce the factual predicate for a potentially prejudicial question posed on cross-examination. United States v. Jungles, 903 F.2d 468, 478 (7th Cir.1990). FN12. In determining whether the jury instructions impermissibly limited consideration of mitigating evidence, an appellate court must ask whether there is a reasonable likelihood that the jurors understood the challenged instructions to preclude consideration of relevant mitigating evidence proffered by [the defendant]. Buchanan v. Angelone, 522 U.S. 269, 279 (1998) (quoting Boyde v. California, 494 U.S. 370, 386 (1990)). WebWilliams, who himself had been indicted on corruption charges, gave some insight into a police force awash with illegal drug money. On the night of Groves' murder, Davis spoke with Hardy several times. WebView All 34,791 Memorials for the Police Officers Site. FN5. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. That's how he thinks of her.. Now, do you believe in coincidences, Dr. Streed? On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. In a pre-trial filing, Davis moved to strike this aggravating factor. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Competitive law enforcement salary and excellent benefits include: Outstanding retirement plan with benefits earned in as little as five years; Affordable and quality health, vision, and dental insurance for you and your family WebA onetime New Orleans cop, Frank, now 48, was always going to go rogue. denied, 544 U.S. 1034 (2005). WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. The warehouse protection was run almost like a paid detail - a moonlighting job like the kind many officers hold - except the pay scale was much higher than the usual $15 an hour, authorities said. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. Join Facebook to connect with Sammy Williams and others you may know. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Therefore, the prosecutor's remarks only argued the facts that the jury heard. The factor states, in relevant part, The defendant committed the offense after substantial planning and premeditation to cause the death of a person. 18 U.S.C. that they were contemplating ripping off the couriers. NEW ORLEANS . If she had lost her job, then she would never had a chance to copy the key to the restraunt and been able to let herself in after they closed. They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. . The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. Accordingly, the district court conducted a hearing at the second stage of the sentencing phase to determine whether Davis and Hardy should be sentenced to death or to life imprisonment without release. The Government appealed. Id. After it's done, go straight Uptown and call me." The jury was aware-from the court's detailed instructions before and after the selection and penalty phases-that Davis could only be sentenced to a life sentence without the possibility of release, or to death. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. FN4. Q. Police Officer Ronald A. Williams, II, New Orleans Police Q. Davis has been in custody since Monday, when he was charged with ordering the murder of Kim Groves near her Alabo Street home. 3593(c), (d). FN15. The prosecutor continued with questions about the population and crime statistics in the Florida project: Q.Dr. Streed, actually do you know which project is the smallest in New Orleans, well, back in 1994 population-wise? First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. [13], In October 2022, three men wrongfully convicted of murder, based on false testimony from Davis, were released after 28 years of incarceration. WebSelling Travel and Tours in an Easy Way! Finally, Davis claims that the Supreme Court's decisions in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 584 (2002) resulted in an unconstitutional judicial rewriting of 18 U.S.C. Cause: COVID19 At approximately 11:00 p.m., Hardy shot Groves in the head, killing her. 13. Under this or the plain error standard, Davis's claim fails. And if you want to shed a tear, cry for all of the people who are denied justice because Len Davis was protecting those persons who victimized them. For the foregoing reasons, we AFFIRM Davis's convictions and sentences. FN6. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. He is incorrect. Sinisterra is distinguishable from the facts here, where the prosecution did not urge the jury to send a message to other criminals. Davis did not appeal this ruling. "We're on a crusade. Seven of the 27 bodies discovered between 1991 and 1995 in the New Orleans area were found in Destors jurisdiction. The verdict form and the jury instructions plainly said so. 18 U.S.C. Although Len Davis can distinguish right from wrong and deserves to be held accountable for his actions, his behavior was negatively impacted by being shot in the stomach while coming to the assistance of fellow officers. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. United States v. Davis, 912 F.Supp. And justice can only be had by sentencing Len Davis to death. denied, 552 U.S. 1144 (2008). While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. We vacated the district court's order, holding that failure to include the required elements was harmless constitutional error, and remanded for re-sentencing. On cross-examination, Jasmine acknowledged that the letter, signed by her, her two siblings, and her grandparents, had asked the Government not to pursue a capital re-sentencing for Davis but rather to allow him to receive life imprisonment. FN16. Shortly after 7:30 p.m., Davis and Williams picked up Hardy at his home and drove back to Groves's neighborhood so that Hardy could walk around. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. It must, however, show that the defendant had a considerable period of time to become fully aware of what he intended to do and to think it over before he acted. Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? At Davis 's request, was to murder Groves Cir.1988 ) Big Easy, has. Tolerated by his administration of duty have done this murder better is so it! 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