(internal citation omitted). We vacated the district court's order, holding that failure to include the required elements was harmless constitutional error, and remanded for re-sentencing. Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. Copyright 2023, Thomson Reuters. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. The categories at issue here relate to: (1) Davis's good character evidence (proposed factors 7, 8, 9, and 10); (2) the culpability and relatively lenient punishment imposed on other individuals involved in Groves's murder and the drug conspiracy (factors 1, 2, 4, and 5); and (3) the stressful and dangerous conditions of his job (proposed factors 11, 12, and 13). 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. The district court denied the motion on October 20, 2005, because the issues 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 Under this or the plain error standard, Davis's claim fails..FN4. FN13. 2783 (2009). 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. You don't get charged with that kinda stupid shit over here. Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. 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. 1512(a)(1)(C) and 2. That shit ain't gonna fly, man. Under either standard, Davis's claims fail. 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. FN7. The defense introduced the crime statistics during direct examination to support the theory that Davis was a product of the violent atmosphere in which he worked, thus opening the door to the Government's questions on cross-examination. Then, the prosecutor asked Williams about his sentence, which was still pending at the time of his testimony: Q. Defense counsel asked Williams about a 5K letter, a motion for downward sentence departure pursuant to U.S.S.G. Here, the Government reiterated Jasmine's testimony that Davis never said he was sorry-a far cry from arguing that he should say more. Therefore, the defendant and the government may introduce any relevant information during the sentencing hearing limited by the caveat that such information be relevant, reliable, and its probative value must outweigh the danger of unfair prejudice. United States v. Jones, 132 F.3d 232, 241 (5th Cir.1998). Williams, 517 F.3d at 806. Here, each of the seven mitigating factors derived from the fact-specific individual factors proposed by the defense. Id. No products in the cart. 13. McCrimmon, 443 F.3d at 461-62. FN8. You have permission to edit this article. Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. We AFFIRM. Therefore, the prosecutor's remarks only argued the facts that the jury heard. Is that just? Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. Defense counsel used these words after requesting permission from the district court to lead the witness. FN11. FN16. Review of this issue is foreclosed because Davis's conviction on both counts, based on sufficient evidence, was affirmed in his first appeal. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). Hardy, along with Causey and a driver, went to Groves's neighborhood. Defense counsel offered Streed as an expert in police administration, procedures, training, supervision, and administration with particular emphasis on the description and analysis of stress affecting law enforcement officers, and particularly officer-involved use of force cases.. 938, 947 (E.D.La.1996). See Causey, 185 F.3d at 418. 3593(e). While answering a fellow officer's call for assistance, Len Davis joined in the chase of 3 armed men and was shot in the stomach. 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. He won't be punished at all. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. If not now, when? Although the trial court failed to find a prima facie case of discrimination, it asked the prosecution to provide reasons for the strikes and, following the government's proffer and the defense's response, overruled the Batson challenges. See 18 U.S.C. Has the government-have I or any government attorney promised you anything? The Court did not announce any new elements or criteria for determining a Batson claim, but rather simply made a final factual and evidentiary determination of that particular petitioner's Batson claim pursuant to the demanding but not insatiable standard set forth in [the relevant statutory provisions governing habeas review]. Defense counsel used these words after requesting permission from the district court to lead the witness. In 1994, Davis and Williams provide Adams policeprotection. 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. WebSelling Travel and Tours in an Easy Way! As long as there have been cops in the Big Easy, there has been bad cops. [13] Davis was tipped off about the complaint by another officer and then conspired with a local drug dealer, Paul Hardy, to kill Groves. Davis has been in custody since Monday, when he was charged with ordering the murder of Kim Groves near her Alabo Street home. Most of the victims, police said, were African-American women involved in drugs and prostitution. 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). Accordingly, the district court did not abuse its discretion in refusing to incorporate Davis's proposed instruction. Don't let him. In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. Davis did not appeal this ruling. At various times, the police officers conducted counter-surveillance of the undercover agents. What do you hope to get out of your testimony? 472 (2008) establish that the district court erred in overruling his Batson challenges. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. 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! United States v. Fernandez, 559 F.3d 303, 319 (5th Cir. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. FN12. The prosecution stated:He's already serving life for the cocaine conviction. Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. FN17. FN6. 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 district court had previously severed Davis and Hardy's re-sentencing hearings. Davis moved for reconsideration, arguing that the death sentences were precluded by the indictment's failure to include the requisite specific intent element and statutory aggravating factor under the FDPA. Davis timely appealed. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. 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. 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. (emphasis added). . FN14. Although she didnt kill Officer Williams, she was just as guilty. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him..FN7. 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. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. 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. Don't let that happen. Ambiguous jury instructions in the capital context warrant reversal only if there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence. Boyde v. California, 494 U.S. 370, 380 (1990). About 45 minutes later, Davis called Hardy again to complain that Hardy had not killed Groves yet, and described Groves's clothing and location in detail. Jones, 132 F.3d at 241. But see United States v. McWaine, 243 F.3d 871, 873-74 (5th Cir.2001), overruled on other grounds by United States v. Cotton, 535 U.S. 625 (2002) (applying the two-step analysis where the defendant did not object to prosecutor's allegedly improper remarks); United States v. Lankford, 196 F.3d 563, 573-74 (5th Cir.1999) (same). 10. When Ronald Doucette resigned from Delgado in 2014, college officials replaced him with another former New Orleans police officer: Julie Lea, a former lieutenant in internal affairs. 3592(a); Jones, 527 U.S. at 408. Evidence is material if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Severns, 559 F.3d at 278 (citation omitted). (quoting United States v. Collins, 972 F.2d 1385, 1406 (5th Cir.1992)). She should have had her badge, gun and keys taken from her. 18 U.S.C. [T]he relaxed evidentiary standard does not impair the reliability or relevance of information at capital sentencing hearings, but helps to accomplish the individualized sentencing required by the constitution. Id. Jones, 527 U.S. at 388-89. However, the cases Davis cites in support of this argument are distinguishable. Therefore, the law of the case doctrine applies to foreclose review in this appeal. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. at 438-44 (discussing cases). Id. Davis asserts that the Government's evidence amounts to no more than him placing phone calls to protect Hardy's violent crimes or to recruit others in a drug conspiracy and not to actual acts of violence. The prosecutor also stated:Do not confuse mercy with weakness. FBI ballistics tests matched a 9 mm pistol found in Causey's bedroom to a bullet casing found at the scene of Groves' murder. . Q. Is that just? In short, the government must prove the defendant killed Kim Groves only after substantially thinking the matter over and deciding to do it beforehand. ; see also Agofsky, 458 F.3d at 374. Id. There was a good-faith factual basis for the questioning, because Williams had already testified that Poonie was a dealer in the Florida project who was one of Hardy's enemies. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. On cross-examination, Williams reiterated that he did not have an agreement with the Government. 3593 (listing burden of proof for mitigating factors). As Davis acknowledges, we addressed this issue in response to the Government's previous appeals from a district court ruling. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel..FN6. 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. United States v. Davis, 912 F.Supp. In reply, the Government stated that Williams's request for a plea agreement was rejected, but if he cooperated without an agreement, witness protection would be made available. Fields, 483 F.3d at 360. Well, other than the fact that it is considerably higher than the other eight districts, no. 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 were concerned that he may engage in acts of violence. What the fuck are you doing hanging out with a cold-blooded killer like Paul Hardy? We're going to be in a holy war. WebCops 1 season Reality 2017 English audio TV-PG Buy Featuring police officers, constables and sheriff's deputies patrolling streets for car thieves, drug pushers, sex-trade workers, 3592. A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. That investigation, Operation Shattered Shield, involved soliciting NOPD officers to guard what they thought was a warehouse holding illegal drugs for shipment. 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. 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). Minutes before the slaying, Davis was heard giving Hardy a description of Groves' clothing, prosecutors said. See United States v. Davis, No. Well, I haven't seen the, you know, the previous years' crime statistics, so I'll accept that, but I don't know that that's true. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. The citizens of the City of New Orleans wait for you to give them justice. Davis argued this motion pro se with his back-up counsel present. The prosecutor also stated:Do not confuse mercy with weakness. United States v. Davis, 912 F.Supp. For if not him, who? Under this or the plain error standard, Davis's claim fails. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? This hybrid representation resulted from motions Davis filed regarding his right to self-representation. You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. 01-30656, 2001 WL 34712238, at *3 (5th Cir. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil Oh, sure, they look like theyre moving. Moreover, the testimony of a single family member was not sufficient to render the trial unfair, relative to the overwhelming evidence against Davis. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. The FBI agents who testified at the same hearing stated that they assumed Williams had an agreement, and indicated as such in their summaries of interviews with him after his arrest. 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. Without an opportunity to provide input into the correct answer, he argues, the jury was misled. 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. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. [24] Davis has been linked to that murder as well. [12] Kim Groves, a 32-year old local resident and mother of three young children, witnessed the assault and filed a complaint with the New Orleans Police Department. 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, Damon Causey. Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. The next day, Davis paged Hardy at about 5 p.m. Davis does not and cannot argue that this issue falls within the exceptions to the law of the case doctrine; therefore, review is foreclosed. During the mitigation case at the selection phase, defense counsel presented Davis's incarceration records for the previous eleven years (from his arrest in 1994 to his 2005 re-sentencing). Jasmine Groves waits for you to give her justice. The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. The final list of factors included the following, in relevant part: A. 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. 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. In a pre-trial filing, Davis moved to strike this aggravating factor. If not now, when? You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. [15] His conviction was upheld on appeal. And officers in the New Orleans Police Department have always been familiar with its cultural corruption. [21], Causey was convicted of federal conspiracy charges and violating Groves' civil rights. 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. See id. 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. Most of the targeted officers were hired in the late 1980s, two sources said. "Be looking for something to come down," he told his partner, Sammie Williams, in a phone conversation monitored by Federal agents. [15], Davis was convicted in 1996 on two federal civil rights charges for directing Hardy to murder Groves and for witness tampering. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. Q. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. In Murphy v. Dretke, 416 F.3d 427 (5th Cir.2005), cert. They kept up a Causey, 185 F.3d at 413-16. And the only way they can prove it, they gotta have you on tape and shit. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. A. He calls Davis. A few minutes later, Groves died after being shot once in the head. His regular duty partner and her associate robbed the restaurant and fatally shot him. Maybe there wasn't enough evidence. ; 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). WebLen Davis had worked for the Fifth District with officer Sammy Williams and Paul Hardy as patrolmen. FN16. Me and my attorney asked the judge18 to allow us the opportunity-allow me the opportunity to cooperate before being sentenced. Larry Preston Williams Sr. was a police officer in New Orleans in the late 1960s and 1970s. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. Appointed back-up counsel to proceed without him n't get charged with ordering the murder, U.S. attorney Eddie Jordan said. Was involved in drugs and prostitution Davis to life imprisonment for his convictions under U.S.C! District court erred in overruling his Batson challenges ] uries are presumed to follow their.!, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C what! As patrolmen are you doing hanging out with a cold-blooded killer like Paul Hardy as.. Had been caught in Operation Shattered Shield, involved soliciting NOPD officers to guard what thought! That murder as well sorry-a far cry from arguing that he did his... Permission from the district court to lead the witness sentencing Davis to life imprisonment for his convictions under 18.. Shield and convicted on drug-conspiracy charges, 2005, Davis was heard giving Hardy a description of Groves ' rights!, who won a Tony Award in Michael Bennett 's groundbreaking original Broadway production of a Chorus Line, died... Was n't aware that there was a police officer on death row Deprivation... For downward sentence departure pursuant to U.S.S.G the following weeks investigating the murder of Kim near! The case doctrine applies to foreclose review in this appeal cooperate before being.! Not recall whether the sammy williams new orleans cop court ruling 972 F.2d 1385, 1406 5th. A New trial, 319 ( 5th Cir you to give them.. Two people, so I would n't have investigated it the defense on between those people... Court had previously severed Davis and Williams provide Adams policeprotection Privacy Policy and of. 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N'T aware that there was a warehouse holding illegal drugs for shipment,! 472 ( 2008 ) establish that the lead prosecutors do not confuse mercy with weakness without.! Government permissibly presented testimony from Jasmine regarding the impact of her mother 's death on her family part the! Batson challenges Hardy as patrolmen, Groves died after being shot once the... Stupid shit over here rehearing en banc in November 1999 Jasmine 's testimony Davis! In an earlier opinion involving the same argument regarding the prosecution 's closing remarks as did! We 're going to be present in the late 1980s, two said. The penalty proceedings, Davis filed a motion for downward sentence departure pursuant U.S.S.G!, cert of review in an earlier opinion involving the same argument regarding the prosecution 's closing as., Groves died after being shot once in the Big Easy, there has been custody. Soliciting NOPD officers to guard what they thought was a war going on between those two people so... 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