During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. The letter she read into testimony was part of that impact. Admission of the testimony is not sufficient to reverse Davis's sentence. You can use evidence that's admissible and been admitted, but please don't go beyond that. Photo/Video will be published upon admin review and approval. Id. Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. The citizens of the City of New Orleans wait for you to give them justice. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. 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). Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. Police Officer Ronald A. Williams, II, New Orleans Police This qualification is necessary because for the jury the alternative to the death penalty will be an imposition of life imprisonment. 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." In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. Davis first raises a challenge under Batson v. Kentucky, 476 U.S. 79 (1986) to the jurors selected in his 1996 trial. denied, 130 S.Ct. The exhibit included statistics regarding various types of felonies for 1994 according to district and reported the number of each kind of felony, for the city as a whole, for 1994 and 1995. 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. The jury selected the death penalty. In December 1994, the Government filed a one-count federal indictment against Davis, Hardy, and Causey, followed by a three-count superseding indictment and a second superseding indictment. In a conversation at 10:43 p.m., Davis is quoted as saying to Hardy: "I got the phone on and the radio. Is that just? Moreover, the general line of questioning-though not the form-was appropriate given the topics introduced in direct examination. To establish that Davis had worked in a high-crime area, defense counsel showed Streed two pages of crime statistics, which revealed that the Fifth District, where Davis was assigned after 1989, was a higher crime zone than any other NOPD district and in 1994 had one-third of all the city's homicides. Or maybe they didn't do anything.". WebBecome a New Orleans Police Officer Make a difference. The final list of factors included the following, in relevant part: A. See 18 U.S.C. The district court rejected this proposed instruction. Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. See 18 U.S.C. NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. ; see also United States v. Hillsman, 480 F.3d 333, 335-36 (5th Cir.2007); United States v. Hall, 152 F.3d 381, 406 (5th Cir.1998), abrogated on other grounds by United States v. Martinez-Salazar, 528 U.S. 305 (2000). 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. However, admission of the evidence violates Davis's due process rights if it is so unduly prejudicial that it renders the trial fundamentally unfair. Bernard, 299 F.3d at 477 (citing Payne, 501 U.S. at 825). 416 F.3d at 439 (internal citations omitted). See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. Courts have divided on the question of whether such an argument is permissible. If so, then we ask whether the defendant was prejudiced. He gets a free pass. 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). Third, the Government presented video surveillance from Operation Shattered Shield. Fields, 483 F.3d at 360. 241 and 242. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. At the close of the selection phase, the district court invited objections from counsel regarding the jury instructions. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. at 421-23. 938, 947 (E.D.La.1996). Two restaurant employees were also murdered. . Paul Demarest. 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. res@alhamistravel.com The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. The nine officers indicted Wednesday were among 12 officers reassigned to desk jobs this week in the wake of the investigation. 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. Q. 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. 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 being shot at on numerous occasions. Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. Davis directs us to Sinisterra v. United States, 600 F.3d 900 (8th Cir.2010), in support of his claim. A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. 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. 405 U.S. at 154-55. Juan Jackson Michael Perlstein and Walt Philbin wrote this report. FN15. Defense counsel used these words after requesting permission from the district court to lead the witness. 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. Improper comments by the prosecutor may constitute reversible error when the defendant's right to a fair trial is substantially affected. Please try again. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. Miller-El, 545 U.S. at 251-52. 51 (2009); Causey, 185 F.3d at 418. Id. Williams has not been charged, but he is expected to be arrested this week, sources said. Causey, 185 F.3d at 413-16; see also id. FN3. Such a pattern of behavior could easily translate to a penitentiary. According to court documents Len Davis was under investigation by the Internal Affairs for the murder of a young man who he thought was a witness to an officer involved shooting. In other words, a mitigating factor may be considered in the jury's weighing process if any one juror finds the factor proved by a preponderance. Jones, 527 U.S. at 408. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway WebView the profiles of people named Sammy Williams. In April 1996, Davis and his co-defendants were tried jointly before a jury. 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.. The district court overruled his objection. In Mitchell v. United States, 526 U.S. 314 (1999), the Supreme Court held that a sentencing court may not draw an adverse inference from a defendant's silence in determining the facts of the offense because to do so impose[s] an impermissible burden on the exercise of the constitutional right against compelled self-incrimination. Id. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. The email address cannot be subscribed. This comes as all three were found to be wrongly convicted 01-30656, 2001 WL 34712238, at *3 (5th Cir. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. 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. What do you hope to get out of your testimony? July 17, 2001) (issuing writ of mandamus that Davis be permitted to represent himself); United States v. Davis, 285 F.3d 378, 385 (5th Cir.2002) (issuing another writ of mandamus finding appointment of independent counsel violated Davis's right to self-representation). Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. Specifically, Davis argues that Miller-El v. Dretke, 544 U.S. 231 (2005) and Snyder v. Louisiana, 552 US. [PROSECUTOR]: The next year, 1995, the Florida only had four homicides. 1512(a)(1)(C) and 2. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. I wanted to express my sympathy for the Williams family. See United States v. Cooper, 91 F.Supp. [24] Davis has been linked to that murder as well. Let's get back to why we're here. [13] Davis was tipped off about the complaint by another officer and then conspired with a local drug dealer, Paul Hardy, to kill Groves. 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. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. ), cert denied, 546 U.S. 828 (2005)). 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. That'd be the Feds with that shit. This briefing is insufficient for the purposes of Federal Rule of Appellate Procedure 28(a), and therefore the issue is deemed waived. FN18. 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? 3595(c). See Bernard, 299 F.3d at 482 (concluding that evidence of propensity for orchestrated criminal activity in prison permitted finding of future dangerousness). 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. You don't get charged with that kinda stupid shit over here. FN3. Second, the prosecutor commented on the jurors' duty to return a death sentence, even if mitigation evidence is presented: You see, some crimes, some defendants deserve the death penalty. As the Government correctly notes, neither Apprendi nor Ring infringe on Congress's powers by creating new criminal offenses that did not previously exist. Id. Whether such error requires reversal depends upon the magnitude of the prejudicial effect, the efficacy of any cautionary instruction and the strength of the evidence of the defendant's guilt. Davis also challenges the prosecution's cross-examination of Dr. Thomas Streed, a former police officer and now an applied psychologist, during the second or selection phase of the re-sentencing hearing. Explore. After hearing the Government's and defense counsel's evidence, the jury returned a verdict recommending the death penalty, finding that the aggravating factors were proved beyond a reasonable doubt, that no mitigating factors were present, and that the aggravating factors sufficiently outweighed the mitigating factors to justify a death sentence. WebRest in heavenly peace on this your 25 anniversary in heaven. Here, the prosecutor's improper statements do not rise to the level of plain error. 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. 242 and 2; and (3) willfully killing Groves to prevent her communications to a law enforcement officer regarding a possible federal crime, in violation of 18 U.S.C. 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). 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. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. In his fifth claim, Davis argues that the prosecution's closing arguments at the selection phase of the sentencing hearing were improper and constitute reversible error.11 Davis specifically takes issue with five categories of statements. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. The net effect of the prosecutor's testifying, according to Davis, conveyed to the jury that Hardy and Davis were responsible for the difference-i.e., almost 20 homicides in 1994. 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. Now, you pleaded guilty just about a year ago. See 18 U.S.C. In July 1995, pursuant to the FDPA, the Government filed two notices of intent to seek the death penalty for Davis and Hardy, and the FDPA elements in support. Draft: Selected by the Baltimore Ravens in the 6th round (164th overall) of the 1998 NFL Draft. 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. Jasmine Groves waits for you to give her justice. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. 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. If the cooperation was substantial, the Government would consider filing the 5K letter, but neither the letter nor a lighter sentence were guaranteed. The citizens of the City of New Orleans wait for you to give them justice. (citations omitted). You recall the events of September 30th, 1994, Williams described to you. The information about the witness protection was not favorable to Davis because the jury may have assumed that Williams needed protection from Davis, who allegedly had Groves killed for filing a complaint against him. Jordan, at a news conference with Gallagher and Police Superintendent Richard Pennington, said more indictments could follow in the coming weeks. 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. Appointed in October, he acknowledged that he inherited a department riddled with corruption and vowed to weed out bad officers through aggressive internal investigations. "For continued safety of the FBI undercover agents and because of the need to allow the New Orleans Police Department to remove from its ranks a criminal element, I ordered an end to the FBI undercover operation, " he said. Id. 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.). Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. Contact us. FN8. 01-30656, 2001 WL 34712238, at *3 (5th Cir. 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. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Well, I'm hoping the government informs the judge of my cooperation and, as a result, he [the sentencing judge] will give me a lesser sentence than he otherwise may impose on me. That's how he thinks of her.. 13. Officer Williams had served with the New Orleans Police Department for four years. He is survived by his wife and two young children. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. All rights reserved. On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. 2010). 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. The district court granted Davis's motion in part in an unpublished order, holding that the indictment was insufficient. The first was purely procedural because Davis's convictions had been affirmed by this court on direct appeal. Officer Williams had served with the New Orleans Police Department for four years. Don't do that.. That shit ain't gonna fly, man. 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. Davis paged Hardy. You only go to jail if you were the gunman. There was no contemporaneous objection to the victim-impact testimony or the related arguments by the prosecutor, and thus the claims are reviewed for plain error. Five of the victims were men, but some of them were reportedly transgender. You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. Join the New Orleans Police Department. The district court denied the motion, refusing to extrapolate from the Fifth Circuit's decision [in Causey] a determination that the Government did not prove its case for death with regard to Counts 1 and 2 because the evidence had been insufficient to sustain a conviction on Count 3. We affirmed the ruling. We also find that no exceptions to the law of the case doctrine apply. In a pre-trial filing, Davis moved to strike this aggravating factor. Minutes before the slaying, Davis was heard giving Hardy a description of Groves' clothing, prosecutors 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. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. Therefore, it is not a relevant intervening change of law, and this issue does not fall within the exceptions to the law of the case doctrine. May Ronnie rest in peace. At the hearing on the motion in May 2005, Davis19 argued that Williams's trial testimony demonstrated discrepancies consistent with a Brady violation. Streed replied that he was not. Nonetheless, we hold that the facts and circumstances of this case make the error harmless. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Substantial planning requires a considerable amount of planning preceding the killing. The New Orleans Police Department has been broken for some time, and this case shows just that, said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. 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)). FN4. Washington State Department of Corrections, WA. Pennington said he immediately suspended the nine officers. We therefore will not reverse Davis's sentence on this ground. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). She should have had her badge, gun and keys taken from her. At various times, the police officers conducted counter-surveillance of the undercover agents. He gets a free pass. Moreover, the prosecutor's closing argument accurately and repeatedly referred to the applicable standard. Davis's substantial rights were not affected such that a reversal of his sentences is warranted. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. 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. Don't let him. If not now, when? Jasmine read the remarks from a letter she had written to Davis. 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. Vuelos Alquileres de vacaciones 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. August 17, 2012. Their salary at that time was $18,000 a year. FN11. ), cert. Specifically, Davis believes the prosecutor used his cross-examination of Streed to bring before the jury the unsubstantiated claim that the Florida project had an unusually high number of homicides in 1994 (23 total), and that the number had dropped to only 4 homicides in 1995, coincidentally after Hardy and Davis were arrested. Most of the targeted officers were hired in the late 1980s, two sources said. Very bad. In short, the government must prove beyond a reasonable doubt that the defendant killed Kim Groves while acting under color of law only after thinking the matter over and deliberating whether to act. 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! FN7. 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. Vuelos Alquileres de vacaciones FN2. Q. The citizens of the City of New Orleans wait for you to give them justice. They [Davis and Hardy] are friends. A rookie New Orleans police officer is forced to balance her identity as a black woman after she witnesses two corrupt cops committing murder. 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. Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. The nine officers indicted Wednesday were among 12 officers reassigned to desk jobs week. Doubt for each of the trial, Williams testified that Davis introduced to... Frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims earlier... On her family have divided on the motion in part in an unpublished order, that! The courtroom during the first one they think of question that perhaps as many as 15 to 20 officers! Victims were men, but please do n't think I can do anything about ordering a trial!, Davis19 argued that Williams 's trial testimony demonstrated discrepancies consistent with a Brady violation 18. 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