Moreover, the testimony of a single family member was not sufficient to render the trial unfair, relative to the overwhelming evidence against Davis. Oh, sure, they look like theyre moving. Count One-Part B states: in prison. On Pg 9-Issues to be decided states: while imprisoned., The district court judge responded in writing: I apologize for the different terminology. A. Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. He won't be punished at all. He is survived by his wife and two young children. Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. 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. 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. FN9. Explore. FN13. The district court conducted an evidentiary hearing in May 2001, during which it heard testimony from Williams, his attorney, and the assistant U.S. attorney from whom Williams's attorney requested a plea agreement. 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). Copyright 1996-2023, The Officer Down Memorial Page, Inc, Registration for the 2023 National Police Week 5K goes up $5 on March 2nd save on our introductory pricing and, register today to run or walk in your hometown, View The FDPA provides that the Government may introduce as a non-statutory aggravating factor victim impact evidence including oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. 18 U.S.C. 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. When a police officer murders a citizen in cold blood in retaliation for making a complaint against him, it always deserves the death penalty, period, without exception.13, Third, the prosecutor referred to the effects of Davis's actions on the broader community.14 The prosecutor also told jurors that they speak for [Kim Groves], asked jurors to return a death sentence for every tear that Jasmine Groves cried, and urged that Jasmine Groves waits for you to give her justice.. Davis's arguments have no merit. 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. [9] Nine other police officers, including two who would later testify against Davis, were later indicted for being part of a criminal conspiracy with Davis. "There were a number of other police officers who were ready and prepared to go forward with playing a role in protecting the cocaine in this undercover operation. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. 4. I said, Paul, Paul Hardy? Id. Id. WebRunning Head: The corruption in the New Orleans Police Department In a recorded conversation, Williams told Adams he could protect his drug operation, but he needed to bring his partner in on it. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. Davis's re-sentencing proceedings began on July 25, 2005 before a jury.1 During the first stage of the re-sentencing, Davis elected to represent himself with appointed counsel serving as back-up.2 On August 3, 2005, the jury returned a verdict rendering Davis eligible for the death penalty, finding that he intentionally participated in an act contemplating that Groves would be killed, and did so after substantial planning and premeditation. They are designed to run in place. FN9. Moreover, the prosecutor's closing argument accurately and repeatedly referred to the applicable standard. 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). Specifically, Davis argues that his conviction for violating Groves's civil rights was a lesser-included offense of his conviction for conspiring to violate her civil rights. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. 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. In a conversation at 10:43 p.m., Davis is quoted as saying to Hardy: "I got the phone on and the radio. 3593(e). Your response to his behavior cannot be tepid, it cannot be timid, it must be certain and it must be in kind and it must express our outrage and unyielding commitment to the rule of law.[Len Davis] deserves justice and justice can only be had in this case if the death penalty is imposed [Y]ou are the dispensers of justice in this particular case. You can use evidence that's admissible and been admitted, but please don't go beyond that. J.R. March 4, 2020. The prosecutor also stated:Do not confuse mercy with weakness. Cf. 3591-3599. 241 and 242. That'd be the Feds with that shit. See United States v. Davis, No. "We put everyone on notice today. [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. Therefore, neither decision raises any ex post facto or due process concerns. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. The description matched what Groves had on at the time of her murder. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. The government must also establish beyond a reasonable doubt that the murder was committed after substantial planning for you to find this element proved. The email address cannot be subscribed. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. His regular duty partner and her associate robbed the restaurant and fatally shot him. denied, 130 S.Ct. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. [10] Davis would later be convicted of additional drug-related charges while the other officers pleaded guilty. More top cops with the New Orleans Police Department are said to be leaving. A. You only go to jail if you were the gunman. On the night of Groves' murder, Davis spoke with Hardy several times. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. The other police officers were arrested Wednesday. Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. The prosecutor then asked Williams: Q. See Causey, 185 F.3d at 438 (Dennis, J., concurring) (Arguably, a person also has a separate defined right' protected by the Constitution not to be deprived of liberty without due process of law, and this right is also violated by having his or her life taken willfully by a state officer acting under color of law.); see also id. Their salary at that time was $18,000 a year. [A] prior decision of this [C]ourt will be followed without reexamination unless (i) the evidence on a subsequent trial was substantially different, (ii) controlling authority has since made a contrary decision of the law applicable to such issues, or (iii) the decision was clearly erroneous and would work a manifest injustice. Williams, 517 F.3d at 806-07 (citations omitted); Becerra, 155 F.3d at 752-53. Davis arranged to meet Hardy and Causey at the police station to view photos of homicide cases. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. Your response to his behavior cannot be tepid, it cannot be timid, it must be certain and it must be in kind and it must express our outrage and unyielding commitment to the rule of law.[Len Davis] deserves justice and justice can only be had in this case if the death penalty is imposed [Y]ou are the dispensers of justice in this particular case. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges..FN5. ", In the days after the murder, the FBI overheard Davis and others planning other violent acts, Gallagher said. In determining whether the jury instructions impermissibly limited consideration of mitigating evidence, an appellate court must ask whether there is a reasonable likelihood that the jurors understood the challenged instructions to preclude consideration of relevant mitigating evidence proffered by [the defendant]. Buchanan v. Angelone, 522 U.S. 269, 279 (1998) (quoting Boyde v. California, 494 U.S. 370, 386 (1990)). "Lennie Davis asked for a cellular telephone, " Gallagher said. Davis paged Hardy. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show premeditation. Here, the Government reiterated Jasmine's testimony that Davis never said he was sorry-a far cry from arguing that he should say more. The prosecutor continued with questions about the population and crime statistics in the Florida project: Q.Dr. Streed, actually do you know which project is the smallest in New Orleans, well, back in 1994 population-wise? United States v. Davis, 380 F.3d 821 (5th Cir.2004); reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. 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. 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.). 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. 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. No juror found any mitigating factor. 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. During deliberations, the jury sent the following note to the judge: Please clarify which is correct. Defense counsel used these words after requesting permission from the district court to lead the witness. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. This comes as all three were found to be wrongly convicted FN8. At the conclusion of the hearing, the court agreed with the prosecutor that new information could be brought out at re-sentencing if Williams testified. [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. United States v. Davis, 912 F.Supp. Other questions:subscriberservices@theadvocate.com. 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. The district court sentenced Davis to death on October 27, 2005. 552 U.S. at 484-85. Id. 5K1 in which the Government informs the sentencing judge of a witness's cooperation. FN7. Williams's sentencing judge was different from Davis's trial judge. 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. Davis argues that this line of cross-examination implied that he and Hardy were responsible for the crime in the Fifth District. Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. Davis learned about the complaint on October 12. Why wasnt Antoinette fired from the police department? Who the fuck are you or Paul Hardy to decide who lives or die? Davis did not appeal this ruling..FN9. Yes. The weighing is not numeric; the perceived significance, not the number, of aggravating and mitigating factors determines the decision. Jones, 527 U.S. at 408. FN11. Pennington said he immediately suspended the nine officers. 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). Is that just? [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. Jasmine Groves waits for you to give her justice. 01-30656, 2001 WL 34712238, at *3 (5th Cir. WebView the profiles of people named Sammy Williams. WebLen Davis had worked for the Fifth District with officer Sammy Williams and Paul Hardy as patrolmen. Appointed in October, he acknowledged that he inherited a department riddled with corruption and vowed to weed out bad officers through aggressive internal investigations. EOW: Sunday, July 26, 2020. Davis has been suspended by the Police Department. Causey v. United States, 530 U.S. 1277 (2000). Such a pattern of behavior could easily translate to a penitentiary. at 587. If the jury returns both findings, the proceeding moves to the second or selection phase. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. WebBecome a New Orleans Police Officer Make a difference. 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. Causey, 185 F.3d at 417 (citing United States v. Anchondo-Sandoval, 910 F.2d 1234, 1237 (5th Cir.1990)). Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. If she had lost her job, then she would never had a chance to copy the key to the restraunt and been able to let herself in after they closed. Additionally, he asserts, we applied an incorrect standard of review in affirming his Batson claim in his first appeal. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. We generally look to three factors in deciding whether any misconduct casts serious doubt on the verdict: (1) the magnitude of the prejudicial effect of the prosecutor's remarks, (2) the efficacy of any cautionary instruction by the judge, and (3) the strength of the evidence supporting the conviction. Id. The district court had previously severed Davis and Hardy's re-sentencing hearings. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. Third, the Government presented video surveillance from Operation Shattered Shield. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. 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. In a pre-trial filing, Davis moved to strike this aggravating factor. 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. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. THE COURT: [Prosecutor], please try not to testify and give information. And she is right. [2][3] He was convicted of depriving civil rights through murder by conspiring with an assassin to kill a local resident. 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