And in Beardslee v. Woodford, 358 F.3d 560 (9th Cir.2004), the court found that the prosecutor's comments were impermissible under Griffin, but held that the error was harmless because the comments were not extensive and did not stress lack of remorse to the jury. WebNightwatch: With Holly Monteleone, Titus Tero, Keeley Williams, Dan Flynn. "Unfortunately, we were not provided on Oct. 13 with enough information to allow us to prevent it, " he said. In the first, or eligibility phase of the proceeding, a jury must unanimously find beyond a reasonable doubt that: (1) the victim's death resulted from the defendant's intentional engagement in life-threatening activity; and (2) one or more of the aggravating factors proposed by the Government is present. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Williams was also ordered to pay $11,576 in restitution and Moore was sentenced to three years of supervised release. Miller-El v. Cockrell, 537 U.S. 322, 340 (2003) (In the context of direct review, therefore, we have noted that the trial court's decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal and will not be overturned unless clearly erroneous.) (internal citations and quotes omitted). The fact that Davis was not present during the selection phase when the prosecutor made the remarks, however, could have led the jury to believe that the Government was highlighting Davis's failure to apologize. In April, when agents set up a drug warehouse at 420 Franklin Ave. and asked for around-the-clock police guards, Davis said he would have to "to bring in other officers to help, " Gallagher said. We have defined future dangerousness as evidence that a defendant is likely to commit criminal acts of violence in the future that would be a threat to the lives and safety of others. Bernard, 299 F.3d at 482. FN4. As to the fifth type of remark to which Davis objected, in which the prosecutor characterized him as a cold-blooded killer, the district court did not abuse its discretion in overruling the objection. Defense counsel used these words after requesting permission from the district court to lead the witness. 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. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. 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. 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 victim-impact testimony here did not violate Davis's due process rights. United States v. Rodriguez, 581 F.3d 775, 796-97 (8th Cir.2009) (holding that testimony of six victim-impact witnesses was not overwhelming where witnesses explained the impact of the victim's murder on their lives and defendant presented mitigation witnesses). FN3. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. Similarly, the court instructed the jury that: [t]he law permits you to consider anything about the commission of the crime or about Mr. Davis' background or character that would mitigate against the imposition of the death penalty. You have permission to edit this article. denied, 440 U.S. 972 (1979). 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.. Williams, 517 F.3d at 806. 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. For example, the jury heard the FBI wiretap tapes in which Davis discussed with Hardy a murder he thought Hardy had ordered:And you can't go to jail for putting a hit on somebody, Paul. Most of the targeted officers were hired in the late 1980s, two sources said. Contrary to Davis's assertions, Morrison did not change the standard for determining whether conduct qualifies as state action, which here is synonymous with action under color of law. Rather, Morrison addressed Congress's constitutional authority to prohibit purely private conduct that does not qualify as state action or action under color of law. Would it surprise you if I said it was the Florida? WebRest in heavenly peace on this your 25 anniversary in heaven. (citations omitted). FN1. The district court denied the motion on October 20, 2005, because the issues presented had been decided in numerous motions before Davis's re-sentencing. And she is right. He says many of the issues highlighted in the report were some of the same issues that confronted the department back when he was on the force. Additionally, no exceptions to the law of the case doctrine apply. 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. Moreover, the jury had already heard wiretap excerpts of Davis and Hardy discussing Hardy's war with Poonie, demonstrating that Davis was aware of Poonie's and Hardy's rivalry. Admission of the testimony is not sufficient to reverse Davis's sentence. Improper comments by the prosecutor may constitute reversible error when the defendant's right to a fair trial is substantially affected. We rejected this claim in Davis's first appeal. Miller-El v. Cockrell, 537 U.S. 322, 340 (2003) (In the context of direct review, therefore, we have noted that the trial court's decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal and will not be overturned unless clearly erroneous.) (internal citations and quotes omitted)..FN17. [14] Hardy shot and killed her on October 14, 1994, less than one day after she filed the complaint. Fifth, Davis claims that the Double Jeopardy Clause precludes his conviction for violating both 18 U.S.C. FN7. Now, you pleaded guilty just about a year ago. "The undercover agent was very clever, however, and stripped before the police officers to show that he was not wired at the time, " Jordan said. 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. Brady / Giglio claims raised in a motion for a new trial are renewed de novo. 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. Jones, 527 U.S. at 388-89. In a pre-trial filing, Davis moved to strike this aggravating factor. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. We need not address the Government's argument that Davis waived this claim, because the claim was foreclosed when we affirmed Davis's convictions under Sections 241 and 242 in his first direct appeal. Causey, 185 F.3d at 417 (citing United States v. Anchondo-Sandoval, 910 F.2d 1234, 1237 (5th Cir.1990)). According to Council President, Helena Moreno, its not about the pay. As stated in Part III.B., supra, the jury was already aware that Davis and Hardy had been convicted for the murder of Groves, and that Hardy was the actual shooter. The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. Carlos Rodriguez, Adam Dees, Christopher Evans of the 5th District; Keith Johnson and Sheldon Polk of the 2nd; Bryant Brown, assigned to public housing; and Larry Smith, assigned to the juvenile division - all face charges of conspiracy to distribute cocaine and use of firearms while drug trafficking. The complaint alleges that Davis ordered the murder of Groves; Hardy carried it out; and Causey hid the murder weapon. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. Other participants in one or more of the capital offenses who are equally or more culpable than Len Davis will not be punished by death, including, but not necessarily limited to, the following individuals: Sammie Williams, Steven Jackson [driver of the getaway vehicle], Damon Causey. The jury found that Davis and Hardy intentionally killed Groves after substantial planning and premeditation. Thus, there is no reasonable likelihood that the jurors understood the challenged instructions to preclude consideration of relevant mitigating evidence. Buchanan, 522 U.S. at 279. Therefore, Davis's convictions cannot be overturned on this basis. At about 9:45 p.m., Davis called Hardy to complain; Hardy assured him that the murder would get done. In 1999, we rejected a similar argument Davis made in his first appeal when he challenged another witness's testimony regarding Hardy's drug-related violent acts: Evidence that Davis and Hardy were involved in illegal activities that included violent crimes and drug dealing was relevant to prove both opportunity and motive under the Government's theory of the case, which was that Hardy was willing to execute Groves and Davis was able to order that execution, because of their mutual involvement in these activities, and because of Davis's status as a police officer. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. 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. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. I also read that the thug was asking for a new trial. Before Davis's re-sentencing, the Government noticed, among other nonstatutory aggravating factors: Victim impact, evidenced by the fact that the murder of Kim Marie Groves has created harmful emotional distress upon her three children and other members of her family.9 This aggravator was later charged to the jury as: That the death of Ms. Groves created harmful emotional distress upon her daughter.. 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. A New Orleans cop called into the radio show to say he resented President Bush for the shower he took this morning at the White House. He gets a free pass. You have permission to edit this article. Did you research that, Dr. Streed? Given the contradictory authority, and our lack of circuit precedent on the issue, the district court's error, if any, was not clear or obvious. Position: OT. In April, the officers agreed to protect a drug shipment, then stunned an agent posing as a big-time cocaine dealer by showing up in uniform, Gallagher said. WebLen Davis had worked for the Fifth District with officer Sammy Williams and Paul Hardy as patrolmen. That shit ain't gonna fly, man. 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. WebView the profiles of people named Sammy Williams. October 13th would see Officer Davis, in a police cruiser and in uniform, begin the hunt for Miss Groves with his partner Sammie Williams riding shotgun. [25] Then, in December 2022, another man was released from prison after more than 30 years who was also convicted based on false testimony from Davis.[26][27]. [PROSECUTOR]. For all of the caution exercised by Davis and the other suspects, the officers sometimes acted with a bravado that shocked federal authorities. The undercover investigation was so secret that even former police Superintendent Joe Orticke was not told, sources said. Specifically, we held that omission of the FDPA elements from the indictment was harmless error, and overruled the district court's findings to the contrary. You don't get charged with that kinda stupid shit over here. A New Orleans cop has been arrested and suspended for allegedly withholding evidence involving the suspect charged in a fellow officer's shooting death, police said. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. New Orleans Police Department, LA. Officer Len Davis, two others, charged in death of Kim Groves. More top cops with the New Orleans Police Department are said to be leaving. 51 (2009); Causey, 185 F.3d at 418. 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.). In his sixth claim, Davis argues that the district court abused its discretion in instructing the jury on the substantial planning and premeditation aggravating factor under 18 U.S.C. 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. Davis paged Hardy. However, [t]hat does not mean that the basis in fact must be proved as a fact before a good faith inquiry can be made. United States v. Nixon, 777 F.2d 958, 970 (5th Cir.1985). And justice can only be had by sentencing Len Davis to death. 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. Causey v. United States, 530 U.S. 1277 (2000). He said, Yeah. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". On cross-examination, the Government questioned Streed regarding his knowledge of Davis's case, the Fifth District, Operation Shattered Shield, and other people involved in the case. 3593 (listing burden of proof for mitigating factors). She should have had her badge, gun and keys taken from her. 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. You only go to jail if you were the gunman. 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. [24] Davis has been linked to that murder as well. See United States v. Sipe, 388 F.3d 471, 478 (5th Cir.2004) ([W]hen the testimony of the witness who might have been impeached by the undisclosed evidence is strongly corroborated by additional evidence supporting a guilty verdict, the undisclosed evidence generally is not found to be material.). In drafting the jury instructions and verdict forms, the district court condensed the individual factors to seven categories of mitigating factors that were submitted to the jury with the instruction that they were to indicate the number of jurors who find the factor established by a preponderance of the evidence as to each count of the conviction. 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. Q. 242), Conspiracy to deprive rights resulting in death (18 U.S.C. Duncan further testified about a conversation that he and Davis had about Hardy during a 1994 cookout at Davis's house: [DUNCAN]: Len Davis got on the phone and he told the individual on the phone, yeah, yeah, I'm home, yeah, it's just me, Dunc and Lemmie [Rodgers, another police officer], yeah, just come on over. And it was an insult on our entire criminal justice system. 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. 241 and 242 would not, as a practical matter, punish him for those offenses because he was already serving a life sentence on an earlier drug conspiracy offense.12 In rebuttal summation, the prosecutor also stated: But more importantly, as [defense counsel] told you, if you don't sentence him to death, this murder is a freebie. If the cooperation was substantial, the Government would consider filing the 5K letter, but neither the letter nor a lighter sentence were guaranteed. Streed testified on direct regarding the effects of violent criminal activity on Davis's mental and physical health. I said, fuck the game, we talking about people's lives. 4. (emphasis added). Davis and Williams then drove to Groves's neighborhood in their NOPD patrol car and searched for her. Id. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. 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. See Flores, 63 F.3d at 1373-74. 552 U.S. at 484-85. 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. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. Is that just? 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. See 18 U.S.C. Next, Davis urges that the Government withheld material evidence about Williams in violation of Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). Start a rewarding career. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. Rogers LaCaze, the co-defendant of notorious ex-New Orleans Police Department officer Antoinette Frank, was resentenced Friday to life without parole. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. Do not capitulate, be vigilant. Oldtimers at the police academy thought so and put it in writing. At the close of the selection phase hearing, the district court charged the following aggravating factor to the jury: That Mr. Davis poses a threat of future dangerousness to the lives and safety of other persons while imprisoned. The jury unanimously found that the Government had proven this factor beyond a reasonable doubt. The fact is so reprehensible it demands a sentence of death. "We put everyone on notice today. For if not him, who? denied, 552 U.S. 1144 (2008). At the first stage of the sentencing phase, the jury was charged to decide whether an FDPA death qualifying factor existed for either Davis or Hardy. He won't be punished at all. Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. The email address cannot be subscribed. The very first thing he does is call a murderer and dope dealer called Paul Hardy. The district court sentenced Davis to death on October 27, 2005. FN17. You don't get charged with that kinda stupid shit over here. See Skipper v. South Carolina, 476 U.S. 1, 7 n.2 (1986). 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. And it was an insult on our entire criminal justice system. In a pre-trial filing, Davis moved to strike this aggravating factor. denied, 528 U.S. 829 (1999). You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. Therefore, the prosecutor's remarks only argued the facts that the jury heard. Davis alleges eight points of error in the re-sentencing hearings. A. If so, then we ask whether the defendant was prejudiced. What surprised authorities most, however, was the ease at which new officers were brought into the sting. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel..FN6. "When later asked why, (they said) it was to impress the drug dealer to show them that, in fact, they were the NOPD and could produce on their offer of protection.". 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). A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. 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. We may not reverse or vacate a sentence of death on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless. Id. FN13. On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. Given the severity of the penalty in this case, we will review the claims separately. The charge, [t]here is no requirement that the government prove that the defendant deliberated for any particular period of time, was given in the context of the remaining elements of the charge, including, [i]t must, however, show that the defendant had enough time to become fully aware of what he intended to do and to substantially think it over before he acted. Given that the term substantial could have denoted a thing of high magnitude on its own, the remaining elements of the jury charge served to underscore that definition. Q. The Eighth Amendment requires that, in a capital case, the sentencing jury be able to consider and give effect to the defendant's mitigating evidence. Then, the prosecutor asked Williams about his sentence, which was still pending at the time of his testimony: Q. August 17, 2012. See United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010) (refusing to find plain error in light of divided legal authorities). Former NOPD Officer Matthew Dean Moore, who was working as Williams partner on the day of the beating, was sentenced to 70 months in prison for obstructing justice and for making false statements to the FBI 241 and 242. 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? Rather, it must be shown that there was both a considerable or large amount of premeditation and there was a considerable or large amount of planning preceding the murder. The other police officers were arrested Wednesday. It was a crime that shook New Orleans to its core - 20 years ago Wednesday. Id. This principle receives even more play where there is no contemporaneous objection to the cross-examination. Id. Davis thus was not prejudiced by the district court's error. The court overruled Davis's objection to the instruction that, to prove premeditation, [t]here is no requirement that the government prove that the defendant deliberated for any particular period of time. The jury ultimately found this factor proven beyond a reasonable doubt for each of the two counts of conviction. [ 14 ] Hardy shot and killed her on October 14, 1994, less than day... And Paul Hardy as patrolmen location. `` Groves 's neighborhood and searched for her through Fatal! That shocked federal authorities courtroom during the eligibility phase of the targeted officers were hired in the 1980s... The city of new Orleans had to endure the reign of terror Len... Reprehensible it demands a sentence of death that they were participating in legitimate undercover drug operations this... Improper comments by the district court to lead the witness first, suspecting possible... On this basis claim in Davis 's convictions can not be overturned on this basis return a sentence of,! 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