Accordingly, [this court] reviews jury findings of aggravating factors by asking whether, after viewing the evidence in a light most favorable to the government, any rational trier of fact could have found the existence of the aggravating circumstance beyond a reasonable doubt. United States v. Agofsky, 458 F.3d 369, 374 (5th Cir.2006) (citing United States v. Bernard, 299 F.3d 467, 481 (5th Cir.2002)). Q. Q. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. As the district court held, victim-impact evidence has been upheld as constitutional. 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. Id. A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. Because [d]istrict courts enjoy substantial latitude in formulating a jury charge, we review all challenges to, and refusals to give, jury instructions for abuse of discretion. United States v. Webster, 162 F.3d 308, 321-22 (5th Cir.1998), cert. For all of the caution exercised by Davis and the other suspects, the officers sometimes acted with a bravado that shocked federal authorities. FN1. The testimony and wiretap excerpts from Operation Shattered Shield revealed that Davis's sole motivation for ordering Groves killed was the complaint she filed against him. Why wasnt Antoinette fired from the police department? THE COURT: [Prosecutor], you're testifying. Attorney Frank DeSalvo, who represents the Police Association of New Orleans, said Wednesday, "I just left three happy officers who didn't get indicted. United States v. Johnston, 127 F.3d 380, 393 (5th Cir.1997) (prejudice mitigated by curative instruction and wiretap evidence to corroborate improperly solicited testimony in cross-examination). During that jury selection, the prosecution used peremptory challenges to remove nine of ten African-American women and two of four African-American men from the pool of qualified jurors from which the 12-member jury was selected. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). A. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. 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. denied, 552 U.S. 1144 (2008). 2010). Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? 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. He joined the New Orleans Police Department in 1991 all 80 Reflections, Reflections Terms of Use (revised 5/31/2012), View, edit or delete any Reflection you've left in the past. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. A witness's testimony is material in this context if false testimony regarding the agreement could in any reasonable likelihood have affected the judgment of the jury. Giglio, 405 U.S. at 154 (internal quotation marks omitted). 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. If the jury returns both findings, the proceeding moves to the second or selection phase. The email address cannot be subscribed. After it's done, go straight Uptown and call me." The fact is so reprehensible it demands a sentence of death. 3593(c). You examined as well as Mr. Davis' personnel file, crime statistics for New Orleans for the year 1994, did you not? The federal documents include detailed transcripts of telephone conversations between Davis, Hardy and Causey, including conversations just minutes before and after the killing. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. Davis has been in custody since Monday, when he was charged with ordering the murder of Kim Groves near her Alabo Street home. During rebuttal summation, the prosecution also argued that, The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. According to this argument, the surveillance recordings showed Davis as an unrepentant, narcissist killer who is willing to unleash people like Paul Hardy on the citizens of New Orleans and anybody who dared, had the audacity to dare to stand up to Len Davis. The prosecutor also stated that Davis was a police officer who routinely not only protected drug dealers and murderers but also actively counseled them on how and when to commit murder and mayhem. The prosecutor told jurors that Davis deserved no mercy, because he had misused his position as a police officer not to protect and serve the citizens of the community, but to terrorize them and to victimize them. The prosecutor argued, You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. FN13. Police Officer Ronald Williams was shot and killed during a robbery while he was working a secondary employment assignment at a local restaurant at 4952 Bullard Avenue. Fields, 483 F.3d at 360. denied, 528 U.S. 829 (1999). The words substantial planning should be given their ordinary, everyday meaning. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. See 18 U.S.C. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. Before re-sentencing, the defense proposed the following written jury instruction, in relevant part, regarding the substantial planning and premeditation aggravating factor submitted by the Government: Substantial Planning and Substantial Premeditation. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. It was a crime that shook New Orleans to its core - 20 years ago Wednesday. Because Davis failed to object to the verdict forms or the portion of the jury instructions pertaining to mitigation, this court reviews for plain error. FN8. Davis further argues that the jury may have been confused because while imprisoned implied the length of time Davis would be incarcerated (and possibly released), while in prison denotes the fact that he would be incarcerated (with no release). A few minutes later, Groves died after being shot once in the head. Life here is no punishment at all. He gets life, he wins again [I]f you don't return a sentence of death, which is the only just sentence in this case, Len Davis will be celebrating again tonight. Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. Davis does not and cannot argue that this issue falls within the exceptions to the law of the case doctrine; therefore, review is foreclosed. 938, 947 (E.D.La.1996). . When a police officer murders a citizen in cold blood in retaliation for making a complaint against him, it always deserves the death penalty, period, without exception.13, Third, the prosecutor referred to the effects of Davis's actions on the broader community.14 The prosecutor also told jurors that they speak for [Kim Groves], asked jurors to return a death sentence for every tear that Jasmine Groves cried, and urged that Jasmine Groves waits for you to give her justice.. Here, in the eligibility phase, Williams's testimony was relevant to show that Davis was familiar with Hardy's criminal activities, maintained a relationship with him, and therefore was able to call upon him as an intermediary to execute Groves. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. Five of the victims were men, but some of them were reportedly transgender. While the prosecutor would have done well to refrain from making certain statements, see Johnson v. Bagley, 544 F.3d 592, 598 (6th Cir.2008), the isolated remarks do not cast serious doubt on the correctness of the jury's verdict. The description matched what Groves had on at the time of her murder. 3592, 3593(d). Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. Therefore, neither decision raises any ex post facto or due process concerns. As a result of this, we had to increase significantly the security of the FBI undercover agents.". Even if the argument were not waived, it would be unavailing on the merits. Please try again. 5K1 in which the Government informs the sentencing judge of a witness's cooperation. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). Stay up-to-date with how the law affects your life. ), cert denied, 546 U.S. 828 (2005)). Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. So I don't think I can do anything about ordering a new trial on your guilt phase. When Davis reiterated his Brady claim, the court stated, But even if I were to get to the merits of your motion, I'm not persuaded that there's anything significant here that-significant enough that justifies a new trial.. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. See Bernard, 299 F.3d at 482 (concluding that evidence of propensity for orchestrated criminal activity in prison permitted finding of future dangerousness). We affirmed Causey's conviction and sentence, and affirmed Davis's and Hardy's convictions on Counts 1 and 2. Frank was just 23, and had initially been denied a The prosecutor also stated:Do not confuse mercy with weakness. In addition, the court's instructions regarding consideration of mitigation evidence ensured that the jurors considered the mitigation factors correctly. WebBecome a New Orleans Police Officer Make a difference. On several occasions, Len Davis answered calls for assistance from fellow officers who were being shot at and assisted in apprehension of the suspects, putting his own life in danger to save the lives of his fellow officers. In a pre-trial filing, Davis moved to strike this aggravating factor. See Cervantes-Blanco, 504 F.3d at 587 (Even if we were to reconsider Cervantes's objection, there has been no change in Supreme Court or circuit law that would permit us to reverse the district court.); United States v. McCrimmon, 443 F.3d 454, 461-62 (5th Cir.2006). 416 F.3d at 439 (internal citations omitted). Kim Marie Groves was murdered on October 13, 1994 in New Orleans, Louisiana, through the coordinated efforts of Davis and his co-conspirators Paul Hardy and Damon Causey. Q. On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. That shit ain't gonna fly, man. (citing United States v. Mares, 402 F.3d 511, 515 (5th Cir. Id. [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. Examples of the remarks include:He prayed [sic] on a community, this community, New Orleans, Louisiana, in the Eastern District of Louisiana that desperately needed, still needs protection from the likes of Len Davis.If you want to shed a tear, shed a tear for the city of New Orleans. 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. FN16. Appointed in October, he acknowledged that he inherited a department riddled with corruption and vowed to weed out bad officers through aggressive internal investigations. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is?. Explore. At the time of his death, Officer Williams seemed to be building a solid career. Based on its consideration of the aggravating and mitigating factors, the jury decides unanimously whether the defendant shall be sentenced to death, to life imprisonment without possibility of release, or some other lesser sentence. Very bad. Davis did not appeal this ruling. Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. 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.). Upon questioning by the prosecutor, he told jurors he was facing a mandatory five-year sentence and possible life sentence in prison on those charges. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. Len Davis, eight other New Orleans police officers, charged in drug sting. New Orleans Pelicans head coach Monty Williams, forward Anthony Davis (23), and New Orleans Pelicans guard Tyreke Evans (1) celebrate after the game between See 18 U.S.C. He won't be punished at all. 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. After the killing was officially logged as a murder by police, Davis and Williams were overheard celebrating the murder with Hardy, they said. (quoting United States v. Collins, 972 F.2d 1385, 1406 (5th Cir.1992)). Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. The probe sent reverberations all the way to Washington, where federal law enforcement officials have described the case as one of the most shocking they have seen, sources said. As for whether a jury would naturally and necessarily construe a remark as a comment on the defendant's failure to testify, the question is not whether the jury possibly or even probably would view the challenged remark in this manner, but whether the jury necessarily would have done so. Id. Id. 242), Conspiracy to deprive rights resulting in death (18 U.S.C. 01-30656, 2001 WL 34712238, at *3 (5th Cir. ", "We were concerned that he may engage in acts of violence. at 423. Williams was familiar with the letter, and that the Government told him they can do that-i.e., file the 5K letter-but [t]hey didn't guarantee me that they would or would not either., In 2001, after we remanded for re-sentencing, Davis filed a motion to obtain Williams's plea agreement pursuant to Brady and Giglio. Police procedurals are stasis machines. During the second or selection phase, Duncan testified that he was familiar with Hardy because he had handled murder cases in which Hardy was a suspect. Davis, Hardy and Causey are charged with conspiring to violate the civil rights of Groves by killing her, a crime punishable by death. Here, the prosecutor's comments regarding Jasmine's testimony comprised a few lines of transcript in a lengthy summation, and were the only prosecutorial remarks which referred to Davis's supposed lack of remorse. The verdict form and the jury instructions plainly said so. 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? The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. Shortly before Davis's re-sentencing hearing, the defense proposed sixteen mitigating factors for submission to the jury, listed here in relevant part: 1. The motion also said the jury didn't know that officers Len Davis and Sammie Williams-the first officers on the scene-were known to cover up the identity of perpetrators and manipulate evidence at murder scenes at the housing project to cover up for drug dealers they protected. 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. [7][8] Davis had extorted protection money from a drug dealer who was an FBI informant. However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. The Supreme Court denied certiorari. In connection with this investigation, the FBI conducted surveillance and recorded cellular telephone conversations of Davis and other NOPD officers. This principle receives even more play where there is no contemporaneous objection to the cross-examination. Id. And I want you to listen to what I'm saying. FN14. Other participants in the drug trafficking conspiracy are now eligible to receive reduced sentences as a result of their testimony against Mr. Davis and plea agreements with the government. New Orleans Police Department, LA. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. Sylvester, 143 F.3d at 928. Millsaps, 157 F.3d at 993 ([J]uries are presumed to follow their instructions.); see also Flores, 63 F.3d at 1374-75 (no abuse of discretion in tendering verdict form with ambiguous standard of proof to jury where the district court repeatedly instructed the jury as to the proper standard). Specifically, Davis argues that his conviction for violating Groves's civil rights was a lesser-included offense of his conviction for conspiring to violate her civil rights. The final instruction to the jury read, in relevant part: A killing is committed after substantial premeditation when it is committed upon substantial deliberation. The judge's answer is thus consistent with her prior order dated June 27, 2005, which limited the aggravating factor regarding Davis's threat of future danger: The Court agrees with Defendant's contention, however, that this non-statutory aggravating factor must be qualified to indicate to the jury that it should consider Davis's future dangerousness only within the context of any menace he might present in a penal institution. 3593(b); see also Jones v. United States, 527 U.S. 373, 407-08 (1999). 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). Sammy williams new orleans police officer; In 1990's the justice department said that New Orleans was the highest country with complaints of police brutality in 1994 there were than forty officers arrested for bribery, rape, bank robbery and Police . Evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed [and t]here is no reason to treat such evidence differently than other relevant evidence is treated. Payne, 501 U.S. at 827. Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. Davis argues that though Apprendi and Ring forbid treating the death resulting requirement as a sentencing factor, treating it as an element of the indictment amounts to a judicial rewriting of the underlying criminal statutes, in violation of the Separation of Powers doctrine and the constitutional prohibition on ex post facto laws. The document also showed the percentage change for the two years. See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. While the bell could not be unrung-i.e., the jury had already heard the prosecutor's testifying-the judge's sua sponte admonitions to the prosecutor alerted the jury to the improper nature of the remarks even without defense counsel's objections or a curative instruction. Davis learned about the complaint on October 12. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. In Snyder, a direct appeal from state court, the Supreme Court found a Batson violation when the state court failed to make a finding on the record either crediting or denying the prosecutor's reasons for challenges to African American jurors. Davis cannot demonstrate that the remarks prejudiced him. Defense counsel offered correction to a typo but no substantive objections. WebLatest on OT Sammy Williams including news, stats, videos, highlights and more on NFL.com 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 In June 2005, the district court granted that part of Davis's motion which limited this factor to his threat of future dangerousness while he is in a penal institution. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). Such a pattern of behavior could easily translate to a penitentiary. The district court replied that she had two fundamental problems with the motion. 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. Don't let that happen..FN12. The evidence reflects, however, that Williams had discussed a plea agreement with the Government, but did not have an actual agreement in place at the time of his 1996 testimony. I said, fuck the game, we talking about people's lives. Id. It is a cheap trick and he is attempting to manipulate you. Those killings should never have happened. Davis argued this motion pro se with his back-up counsel present. In his view, the convictions violate double jeopardy, and one of them must be struck. The jury found that Davis and Hardy intentionally killed Groves after substantial planning and premeditation. He preyed on a community, this community, New Orleans, Louisiana that desperately needed, still needs protection from the likes of Davis. If anybody kills somebody in the Florida, who is the first one they think of? A refusal to give a requested instruction constitutes reversible error only if the proposed instruction (1) is substantially correct, (2) is not substantively covered in the jury charge, and (3) pertains to an important issue in the trial, such that failure to give it seriously impairs the presentation of an effective defense. Id. 3592(c)(9). 2. Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. Davis timely appealed. WebLen Davis was an officer in the New Orleans Police Department (NOPD). FN13. denied, 546 U.S. 1098 (2006), decided shortly after Miller-El, we determined that Miller-El did not change controlling law: [T]he [Miller-El] Court considered the type and quantum of record evidence required to demonstrate a Batson violation. What do you hope to get out of your testimony? Additionally, no exceptions to the law of the case doctrine apply. Jones, 132 F.3d at 241. All rights reserved. Accordingly, review of this issue is foreclosed. WebNightwatch: With Holly Monteleone, Titus Tero, Keeley Williams, Dan Flynn. The government must also establish beyond a reasonable doubt that the murder was committed after substantial planning for you to find this element proved. Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. This argument is also unavailing. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil Well, you know because you hear confirmation or corroboration of his testimony during the conversation between the defendant and his drug dealing, murdering friend, Paul Hardy, on Government's Exhibit LD-9.8. Our review of this claim is foreclosed under the law of the case doctrine. 3593(e). Id. FN8. Director Deon Taylor Writer Peter A. Dowling Stars Naomie Harris Tyrese Gibson Frank Grillo See production, box office & company info Watch on Freevee Watch Free on Freevee More watch options at 1373. The prosecution stated:He's already serving life for the cocaine conviction. A corrupt lieutenant in the homicide division is threatened by the righteous DA while trying to solve a string of mysterious murders. A New Orleans police officer and two other men were arrested Monday in connection with the Oct. 13 slaying of a woman, a killing federal authorities say was plotted and celebrated over phone lines tapped by the FBI. The Eighth Circuit held that by urging the jury to impose a death sentence to send a message to other criminals, the prosecutor impinge[d] upon the jury's duty to make an individualized determination that death is the appropriate punishment for the defendant. Id. We rejected this claim in Davis's first appeal. FN11. 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). Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. Did you research that, Dr. Streed? This is the account described in the documents: Shortly after Davis found out about the brutality complaint against him, he is quoted as muttering to himself as he dialed Hardy's beeper, "I can get P to come and do that whore now and then we can handle the 30." A.I am sorry, I don't think I understand your question. 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. What surprised authorities most, however, was the ease at which new officers were brought into the sting. Other questions:subscriberservices@theadvocate.com. This court has recognized three exceptions to the law-of-the- case doctrine. A reasonable probability is a probability sufficient to undermine confidence in the outcome. On this Wikipedia the language links are at the top of the page across from the article title. See Flores, 63 F.3d at 1373-74. 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. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. She used her gun that she received from the department to kill all three people. Percentage change for the year 1994, did you not acquittal and a New for. Earlier opinion involving the same thing is non-responsive and incorrect so I would n't investigated. This point consists of a single paragraph in which the Government again sought the death,! See also Jones v. United States v. Collins, 972 F.2d 1385, 1406 ( 5th )... Establish beyond a reasonable doubt that the lead prosecutors do not confuse mercy with.. 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