Cause: COVID19 Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. denied, 528 U.S. 829 (1999). Crime after crime is introduced and solved; cast members come and go. In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. United States v. Wicker, 933 F.2d 284, 290 (5th Cir.1991) (no plain error where not only was there no objection, but also the district court interrupted the prosecutor sua-sponte immediately after these comments were made to remind her that she was making an improper argument and provided a general cautionary instruction to the jury). 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. Former New Orleans Police Officer Antoinette FrankCity of New Orleans police officer Ronnie Williams was 25 years old when his partner on the force, Antoinette Frank, and her accomplice Rogers Lacaze, shot him dead at point blank range as he moonlighted at a restaurant in New Orleans 9th Ward. The citizens of the City of New Orleans wait for you to give them justice. Davis and Williams then drove to Groves's neighborhood in their NOPD patrol car and searched for her. 9. at 330. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). 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. FN4. 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. The final list of factors included the following, in relevant part: A. Fourth, in rebuttal closing summation, the prosecutor repeatedly described Davis as evil and described defense counsel as follows: Counsel talked to you in the beginning of his closing argument about killing. 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. In Lesko v. Lehman, 925 F.2d 1527 (3d Cir.1991), for example, the defendant testified regarding biographical information in the mitigation phase, and the prosecutor impermissibly used that testimony to argue that he should have said more, including that he was sorry. And he made the statement, well, Dunc, you just don't understand the game. FN13. Q. Well, other than the fact that it is considerably higher than the other eight districts, no. He is incorrect. The Supreme Court denied certiorari. 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. This argument is also unavailing. 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. 1999)", "Three Louisiana men freed after 28 years in prison for wrongful murder convictions", "New Orleans wrongfully convicted men crime Len Davis now free", "Houma man freed after 32 years in prison for murder advocates say he did not commit", James Gill: Spinning their wheels on death row, Federal judge recuses herself from ex-cop Len Davis case, New Orleans Breaking News, Today's News | WWL Radio, 24 Years After New Orleans Officer Had Her Killed, Kim Groves' Children to Receive $1.5M Settlement, https://en.wikipedia.org/w/index.php?title=Len_Davis&oldid=1137864030, American police officers convicted of murder, Prisoners sentenced to death by the United States federal government, People convicted of murder by the United States federal government, People convicted of depriving others of their civil rights, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 6 February 2023, at 20:56. United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). The district court sentenced Davis to death on October 27, 2005. Id. I said, Paul, Paul Hardy? [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? [10][11] Twenty additional New Orleans police officers were also implicated in the scheme but the investigation had to be aborted due to the murder of Kim Groves. 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. . 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. Defense counsel used these words after requesting permission from the district court to lead the witness. 3595(c). Because Davis did not object to the first four categories of comments in the prosecutor's closing argument, we apply only plain error review. The records showed that Davis had two minor disciplinary incidents for most of his incarceration (possession of an unauthorized newspaper and failure to submit to DNA testing). 5K1 in which the Government informs the sentencing judge of a witness's cooperation. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. Among other comments, the prosecutor told jurors that Davis was basically the Godfather on the street to a hit squad. The prosecutor also said: He was protecting Hardy and Causey who were killing people and referred to Hardy and Causey as Davis's murdering, drug-dealing friends. According to the prosecutor, Davis made sure the coast was clear so Hardy and Causey can go do drive-bys. It 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. 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. The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. The prosecutor also stated:Do not confuse mercy with weakness. That investigation, Operation Shattered Shield, involved soliciting NOPD officers to guard what they thought was a warehouse holding illegal drugs for shipment. We therefore will not reverse Davis's sentence on this ground. Jasmine Groves waits for you to give her justice. Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. "The pertinent conversations were spread out over a 10-hour period and were intermingled with many other discussions concerning their protection activity at the warehouse. FN7. This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. Very bad. But advancing a different assessment of the evidence or urging conflicting inferences therefrom does not demonstrate a legal inadequacy in the government's proof. United States v. Fields, 516 F.3d 923, 943 (10th Cir.2008). Don't let that happen..FN12. They are designed to run in place. That'd be the Feds with that shit. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996..FN1. Groves was shot a block from her home, one day after she filed a brutality complaint against Davis in which she said she saw the officer pistol-whip a 17-year-old man Oct. 11. WebLen Davis was a former New Orleans police officer who was sentenced to death for arranging the murder of a witness set to testify against him. In Miller-El, a habeas case, the Supreme Court ruled that a Batson violation had occurred because another panel of this court had failed to thoroughly review the voir dire record to determine the plausibility of the state prosecutor's reasons for striking African American jurors. Further, a violation of Section 241 or 242 that results in death still carries a maximum sentence of life imprisonment or death-the same penalty that existed before Apprendi and Ring were decided. Under this or the plain error standard, Davis's claim fails. The prosecutor's intent is not manifest if there is some other, equally plausible explanation for the remark. Grosz, 76 F.3d at 1326. See id. 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. 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. Q. Id. Is that just? 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. A. 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. 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. However, the cases Davis cites in support of this argument are distinguishable. The Supreme Court denied certiorari. And what does Davis, the defendant, do? Davis paged Hardy. [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? Davis did not appeal this ruling. [PROSECUTOR]. The district court corrected this error: [Y]our convictions were affirmed. 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. For if the defendant thinks of Kim Groves at all, it is only to ponder how he could have done this murder better. 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. Stated another way, evidence of Davis's past dangerousness is not negated by non-violent conduct in prison during a time when he is on display while the appeal of his death sentence is pending. United States v. Davis, 912 F.Supp. denied, 130 S.Ct. In what is being called the largest case of police corruption in the city's history, nine New Orleans officers were charged in federal court Wednesday with accepting nearly $100,000 in bribes to protect a large-scale cocaine operation run by undercover FBI agents. Q. And justice can only be had by sentencing Len Davis to death. FN7. ), cert denied, 129 S.Ct. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. Hardy replied he was on [his] way. Williams's shift ended at that point, and he left Davis with the patrol car. See Flores, 63 F.3d at 1373-74. Sammie Williams is equally or more culpable than Len Davis and he will not be punished by death. 2. Webhampton club new brunswick, nj for rent; unsworth medical centre; whatcom county shooting laws. FN1. Accordingly, the district court did not abuse its discretion in refusing to incorporate Davis's proposed instruction. denied, 544 U.S. 1034 (2005). 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. He said, Yeah. Further, the Government did not mention Poonie during any other point in the trial, and did not argue about Poonie or his war with Hardy in summation. For if not him, who? 3592(c)(9)..FN15. Mark Mottola. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. 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: Williams: (Laughing) It's confirmed, daddy. Real cocaine - more than 130 kilos - was used throughout the sting, as was real money, $97,000 of which was distributed to officers in payments as large as $6,000. 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). On this Wikipedia the language links are at the top of the page across from the article title. [15] His conviction was upheld on appeal. The Brady/Giglio claim was correctly dismissed. In Sinisterra, a federal habeas petitioner challenged the prosecutor's closing argument in which the jury was urged to act as the conscience of the community and send a message to all other drug dealers that this community will not tolerate [crimes like the petitioner's]. 600 F.3d at 910. 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 . FN15. 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. The very first thing he does is call a murderer and dope dealer called Paul Hardy. We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". If not now, when? 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. In his fourth claim, Davis complains that the victim-impact testimony and the prosecution's arguments related to that evidence were erroneous. Michael Perlstein and Walt Philbin wrote this report. The prosecution stated:He's already serving life for the cocaine conviction. 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. (quoting United States v. Collins, 972 F.2d 1385, 1406 (5th Cir.1992)). 12. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Several officers still await trial, including two facing murder charges. FN15. Improper comments by the prosecutor may constitute reversible error when the defendant's right to a fair trial is substantially affected. Davis's arguments have no merit. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). 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. The agreement comes almost 24 years after Groves killing was ordered by New Orleans police officer Len Davis, who was angry over a complaint the mother of three made against him. As part of the settlement, the city has agreed to pay $1.5 million to Groves children over the course of four years. The description matched what Groves had on at the time of her murder. Don't let that happen. FN6. For example, when discussing Davis's plan of the murder, the prosecutor stated: Hardy's going to be the executioner and they're [Davis and Williams] are going to clean it up. The fact is so reprehensible it demands a sentence of death. You only go to jail if you were the gunman. The FDPA further prescribes our review of a death sentence imposed pursuant to its procedures. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. At the eligibility phase, the prosecutor opened by telling jurors they would hear how Davis had developed a particular relationship with Paul Hardy, a street assassin to the extent where he protected Hardy. Then, in summation, the prosecutor used similar language to discuss Hardy while playing some of the wiretap tapes: You know too from the tapes and testimony of Sammie Williams that the defendant is protecting a murder [sic] and dope dealer by the name of Paul Hardy. FBI ballistics tests matched a 9 mm pistol found in Causey's bedroom to a bullet casing found at the scene of Groves' murder. Hardy, along with Causey and a driver, went to Groves's neighborhood. After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. Id. 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. At the selection phase, the prosecutor again argued that Hardy was a killer by trade, and that Davis had aided and abetted Hardy and his associates in their criminal activities. The government must also establish beyond a reasonable doubt that the killing was committed after substantial planning for you to find this factor proved. 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. In his third claim, Davis alleges that the prosecution engaged in misconduct by (1) introducing evidence about his and Hardy's involvement in violence; (2) improperly cross-examining his defense expert; and (3) presenting arguments to the jury about Davis's and Hardy's involvement in violence, in violation of his due process rights. THE COURT: [Prosecutor], you're testifying. 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. 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