The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. Davis has been suspended by the Police Department. Evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed [and t]here is no reason to treat such evidence differently than other relevant evidence is treated. Payne, 501 U.S. at 827. Is that just? McCrimmon, 443 F.3d at 461-62. The prosecution stated:He's already serving life for the cocaine conviction. However, the cases Davis cites in support of this argument are distinguishable. The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. at 1540. The Supreme Court denied certiorari. 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. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. 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. New Orleans Pelicans head coach Monty Williams, forward Anthony Davis (23), and New Orleans Pelicans guard Tyreke Evans (1) celebrate after the game between You can use evidence that's admissible and been admitted, but please don't go beyond that. "Lennie Davis asked for a cellular telephone, " Gallagher said. Additionally, he asserts, we applied an incorrect standard of review in affirming his Batson claim in his first appeal. The verdict form and the jury instructions plainly said so. FN3. To prove plain error, Davis must show (1) there was error, (2) the error was plain, (3) the error affected his substantial rights, and (4) the error seriously affected the fairness, integrity or public reputation of judicial proceedings. Jackson, 549 F.3d at 975.4. Other questions:subscriberservices@theadvocate.com. Webhampton club new brunswick, nj for rent; unsworth medical centre; whatcom county shooting laws. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? Anything significant that you're aware of as to the homicide rate, homicide number in 1994? A. In police code, 30 is the signal for a homicide. 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. FN17. 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). Nonetheless, we hold that the facts and circumstances of this case make the error harmless. "We're on a crusade. In what comes as the latest disgrace to the already scandal-ridden Police Department, officer Len Davis, 30, is accused of conspiring with Paul "Cool" Hardy, 27, and Damon Causey, 24, in the murder of Kim Groves, 32, in the 1300 block of Alabo Street. "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. 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. In connection with this investigation, the FBI conducted surveillance and recorded cellular telephone conversations of Davis and other NOPD officers. Officer Len Davis, two others, charged in death of Kim Groves. Oh, sure, they look like theyre moving. The jury found that Davis and Hardy intentionally killed Groves after substantial planning and premeditation. He gets a free pass. at 433-44 (Dennis, J., concurring) (discussing arguments in support of conviction under 18 U.S.C. At the hearing on the motion in May 2005, Davis19 argued that Williams's trial testimony demonstrated discrepancies consistent with a Brady violation. A. WebWilliams, who himself had been indicted on corruption charges, gave some insight into a police force awash with illegal drug money. 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. THE COURT: [Prosecutor], please stop testifying in your questions. For all of the caution exercised by Davis and the other suspects, the officers sometimes acted with a bravado that shocked federal authorities. 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. 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. Upon questioning by the prosecutor, he told jurors he was facing a mandatory five-year sentence and possible life sentence in prison on those charges. 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). FN18. [15], Davis was convicted in 1996 on two federal civil rights charges for directing Hardy to murder Groves and for witness tampering. Hi - I'm a native of New Orleans now living in California. The district court corrected this error: [Y]our convictions were affirmed. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Show Transcript. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. In a pre-trial filing, Davis moved to strike this aggravating factor. 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). 51 (2009); Causey, 185 F.3d at 418. At 10 P.M. on Oct. 13, Q. 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). NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. 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. During deliberations, the jury sent the following note to the judge: Please clarify which is correct. 3593 (listing burden of proof for mitigating factors). Further, the district court clearly instructed the jury at the beginning and end of both phases of the re-sentencing hearings that counsel's arguments are not evidence. [14] Hardy shot and killed her on October 14, 1994, less than one day after she filed the complaint. You have permission to edit this article. 5K1 in which the Government informs the sentencing judge of a witness's cooperation. Davis also places much weight on evidence of his violence-free prison record during the 11 years between his arrest in 1994 and his sentencing in 2005. 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). Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway Therefore, neither decision raises any ex post facto or due process concerns. March 4, 2020. 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. Yes. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. Id. denied, 540 U.S. 1093 (2003). 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. Williams's sentencing judge was different from Davis's trial judge. Jasmine Groves waits for you to give her justice. Juan Jackson First, as to the prosecutor's argument that a life sentence would not be adequate punishment because Davis was already serving a life sentence for drug offenses, we conclude that any failure by the district court to correct the remarks was not plain error. 3592(c)(9). 13. 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 police officers did the same, and this was captured on videotape.". Given the severity of the penalty in this case, we will review the claims separately..FN11. The investigation hits the Police Department at a time when the agency is reeling from several years of corruption, with more than 30 officers arrested in connection with a variety of crimes. 5. United States v. Davis, 912 F.Supp. Under either standard, Davis's claims fail. Davis's arguments have no merit. We AFFIRM. 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. You don't get charged with that kinda stupid shit over here. Thus, if there are any such mitigating factors, whether or not specifically argued by defense counsel, but which are established by a preponderance of the evidence, you are free to consider them in your deliberations. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. And he said, you see, that's your problem now. Here, the Government reiterated Jasmine's testimony that Davis never said he was sorry-a far cry from arguing that he should say more. You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. Has anyone-by that I mean either the government, any government attorney or [the sentencing judge]-made any prediction as to what your sentence could possibly be? 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). Causey v. United States, 530 U.S. 1277 (2000). 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. NEW ORLEANS . Has the government-have I or any government attorney promised you anything? Accordingly, review of this issue is foreclosed. 3592(a); Jones, 527 U.S. at 408. 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. [PROSECUTOR]: The next year, 1995, the Florida only had four homicides. ; 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). 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. Viewing the evidence in a light most favorable to the Government, see Agofsky, 458 F.3d at 374, the jury could have found the future dangerousness factor beyond a reasonable doubt. [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. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. 3593(b); see also Jones v. United States, 527 U.S. 373, 407-08 (1999). In August 1995, the third superseding indictment charged each defendant with: (1) conspiracy to deprive Groves of her civil rights while acting under color of state law, including eight overt acts in furtherance of the conspiracy, in violation of 18 U.S.C. Davis requested the murder because, on or about October 10, 1994, Groves witnessed Davis's police partner, Sammie Williams, pistol-whip her nephew, Nathan Norwood, who lived in the neighborhood. 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. And it was an insult on our entire criminal justice system. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. FN17. 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. Without an opportunity to provide input into the correct answer, he argues, the jury was misled. Further, the jury was not unaware of the facts underlying the mitigating factors-for example, that Davis was injured in the line of duty while aiding fellow officers-because they had heard the mitigation evidence presented during the selection phase of the re-sentencing. Davis, Hardy and Causey are charged with conspiring to violate the civil rights of Groves by killing her, a crime punishable by death. 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. In 1994, Davis and Williams provide Adams policeprotection. The victim-impact testimony here did not violate Davis's due process rights. [23], In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. 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. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show substantial premeditation. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. 3592(c)(9).15. The complaint alleges that Davis ordered the murder of Groves; Hardy carried it out; and Causey hid the murder weapon. A reasonable probability is a probability sufficient to undermine confidence in the outcome. (internal citation omitted). Most of the targeted officers were hired in the late 1980s, two sources said. That cellular telephone was used to monitor a lot of the details associated with protection of the warehouse.". Fields, 483 F.3d at 360. [19], Hardy was convicted of conspiracy to violate Groves' civil rights and of witness tampering. FN12. Causey, 185 F.3d at 413-16. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Larry Preston Williams Sr. was a police officer in New Orleans in the late 1960s and 1970s. Under the FDPA, information is admissible during the sentencing hearing regardless of its admissibility under the Federal Rules of Evidence, but may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. 18 U.S.C. McDuffie, 542 F.2d at 241. What surprised authorities most, however, was the ease at which new officers were brought into the sting. 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. In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. [T]he government does not have a duty in every case to introduce the factual predicate for a potentially prejudicial question posed on cross-examination. United States v. Jungles, 903 F.2d 468, 478 (7th Cir.1990). The evidence reflects, however, that Williams had discussed a plea agreement with the Government, but did not have an actual agreement in place at the time of his 1996 testimony. See Bernard, 299 F.3d at 479-81 (holding that error in admitting minimal victim impact testimony in which victim's mother directly addressed defendants did not affect substantial rights in light of the impact on the family); see also Griffith v. Quarterman, 196 F. App'x 237, 245 (5th Cir.2006) (per curiam, unpublished) (in a habeas case, rejecting Due Process challenge to admissibility of victim impact evidence where only one witness (victim's brother) testified and prosecutor made only passing reference to testimony in closing argument); cf. Well, other than the fact that it is considerably higher than the other eight districts, no. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel..FN6. College: Oklahoma. Under this or the plain error standard, Davis's claim fails. 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. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. How dare he compare your dedication, your willingness to follow your sworn duty with the murderous rampage of Len Davis. Kim Marie Groves was murdered on October 13, 1994 in New Orleans, Louisiana, through the coordinated efforts of Davis and his co-conspirators Paul Hardy and Damon Causey. Id. Several officers still await trial, including two facing murder charges. And it was an insult on our entire criminal justice system.. 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. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges..FN5. 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 first raises a challenge under Batson v. Kentucky, 476 U.S. 79 (1986) to the jurors selected in his 1996 trial. 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. "Be looking for something to come down," he told his partner, Sammie Williams, in a phone conversation monitored by Federal agents. The verdict form also included a catch-all category: G.Other factors in Len Davis's background or character mitigate against imposition of a death sentence. Why wasnt Antoinette fired from the police department? 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