The district court replied that she had two fundamental problems with the motion. Streed testified on direct regarding the effects of violent criminal activity on Davis's mental and physical health. 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. 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). 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. Who the fuck are you or Paul Hardy to decide who lives or die? 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. McDuffie, 542 F.2d at 241. If not now, when? Michael Perlstein and Walt Philbin wrote this report. Shortly after 7:30 p.m., Davis and Williams picked up Hardy at his home and drove back to Groves's neighborhood so that Hardy could walk around. Q. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). Therefore, neither decision raises any ex post facto or due process concerns. Did you research that, Dr. Streed? You don't get charged with that kinda stupid shit over here. Len Davis, eight other New Orleans police officers, charged in drug sting. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. In Murphy v. Dretke, 416 F.3d 427 (5th Cir.2005), cert. Several officers still await trial, including two facing murder charges. McCrimmon, 443 F.3d at 461-62. For the foregoing reasons, we AFFIRM Davis's convictions and sentences. ), cert. Fourth, Davis asserts that omission of the FDPA elements from the indictment precluded the government from seeking the death penalty at re-sentencing. 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. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is?. Fields, 483 F.3d at 360. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges..FN5. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. 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. You only go to jail if you were the gunman. Williams's sentencing judge was different from Davis's trial judge..FN18. The words substantial planning should be given their ordinary, every day meaning. Davis argues that intervening case law has created a contrary decision of the applicable law such that the law of the case doctrine does not apply. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. Williams was also ordered to pay $11,576 in restitution and Moore was sentenced to three years of supervised release. 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. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. That'd be the Feds with that shit. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. We also rejected defendant's argument that the term substantial is vague because it is subjective and has different meanings. Id. 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. 3593(a). (internal citation omitted). This argument is also unavailing. 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 also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. He is incorrect. 9. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. Causey v. United States, 530 U.S. 1277 (2000)..FN16. We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. Williams also testified and corroborated much of the recorded conversations. Therefore, the prosecutor's remarks only argued the facts that the jury heard. That dealer turned out to be a federal informant. He didn't have the decency to apologize. 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). Senior Police Officer Sharon M. Williams. 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. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. 3591-3599. See Bernard, 299 F.3d at 482 (concluding that evidence of propensity for orchestrated criminal activity in prison permitted finding of future dangerousness). As a result of this, we had to increase significantly the security of the FBI undercover agents.". At 10 P.M. on Oct. 13, We also determine whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained. Hall, 152 F.3d at 406 (citing Chapman v. California, 386 U.S. 18, 23 (1967)); see also 18 U.S.C. FN10. See Coble v. Quarterman, 496 F.3d 430, 438 (5th Cir.2007) (rejecting ineffective assistance claim for failure to object to prosecutor's argument describing defendant as remorseless where evidence at trial showed that defendant made comments immediately after the murders that indicated his lack of remorse). 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. 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. 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. 241 and 242. 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. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. And it was an insult on our entire criminal justice system. See United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010) (refusing to find plain error in light of divided legal authorities). In his seventh claim, Davis asserts that the district court committed plain error in instructing the jury on mitigating evidence or in drafting the verdict forms on the same. WebIn addition to murder, Davis, his partner Sammie Williams and more than 20 other officers were convicted of extorting bribes and offering protection to a drug dealer. Williams's sentencing judge was different from Davis's trial judge. 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. 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. He is correct that evidence suggesting that he had been a well-behaved and disciplined prisoner is highly relevant to the jury's sentencing determination. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. Next, Davis asserts that the indictment erroneously alleged a deprivation of the right to liberty rather than a deprivation of the right to life. Davis argues that the death resulting element of each charge meant he was effectively prosecuted for murder, even though the constitutional right he allegedly deprived the victim of, according to the indictment, was the right to liberty, not the right to life. And I want you to listen to what I'm saying. Position: OT. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. Therefore, the district court did not believe she had the authority to do anything about the motion other than deny it on procedural grounds. The court also stated that she did not agree that the discrepancies Davis relied on were particularly significant. Davis then argued that his convictions for Counts 1 and 2 of the indictment had been overturned when this court vacated the death sentences and remanded for re-sentencing. 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. See Rogers v. Tennessee, 532 U.S. 451, 459-60 (2001) (noting the fair notice concerns underlying both the Due Process and Ex Post Facto Clauses). The district court overruled his objection. More top cops with the New Orleans Police Department are said to be leaving. FN15. According to Council President, Helena Moreno, its not about the pay. Defendant-appellant Len Davis appeals his 1996 conviction and 2005 death sentence imposed pursuant to the Federal Death Penalty Act (FDPA), 18 U.S.C. In addition, the prosecutor's remarks did not communicate to jurors that they were legally bound to impose the death penalty or that they could not consider Davis's mitigating factors. 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. And it was an insult on our entire criminal justice system. denied, 530 U.S. 1277 (2000). 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. "Unfortunately, we were not provided on Oct. 13 with enough information to allow us to prevent it, " he said. Jasmine Groves waits for you to give her justice. "The undercover agent was very clever, however, and stripped before the police officers to show that he was not wired at the time, " Jordan said. Causey, 185 F.3d at 413-16; see also id. Williams was familiar with the letter, and that the Government told him they can do that-i.e., file the 5K letter-but [t]hey didn't guarantee me that they would or would not either., In 2001, after we remanded for re-sentencing, Davis filed a motion to obtain Williams's plea agreement pursuant to Brady and Giglio. 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. Because there was no contemporaneous objection to the testimony, the line of cross-examination, or the prosecutor's arguments, we review each act of alleged misconduct for plain error. 3592, 3593(d). His wife and children are in our thoughts. THE COURT: [Prosecutor], you're testifying. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil You only go to jail if you were the gunman. Shortly before Davis's re-sentencing hearing, the defense proposed sixteen mitigating factors for submission to the jury, listed here in relevant part: 1. The investigation was launched in December 1993 when 5th District officers Len Davis and Sammie Williams began extorting bribes and offering protection to a drug dealer, said New Orleans FBI Commander Neil Gallagher. See United States v. Cooper, 91 F.Supp. FN14. The prosecutor also stated:Do not confuse mercy with weakness. Q. Attorney Frank DeSalvo, who represents the Police Association of New Orleans, said Wednesday, "I just left three happy officers who didn't get indicted. Here, the prosecutor's improper statements do not rise to the level of plain error. As to the fifth type of remark to which Davis objected, in which the prosecutor characterized him as a cold-blooded killer, the district court did not abuse its discretion in overruling the objection. FN12. Defense counsel offered correction to a typo but no substantive objections. 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. 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. 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..FN14. 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. 1512(a)(1)(C) and 2. Here, the jury decides whether the aggravating factors sufficiently outweigh statutory or non-statutory mitigating factors to warrant a death sentence or, absent mitigating factors, whether the aggravators alone warrant that sentence. As long as there have been cops in the Big Easy, there has been bad cops. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Has the government-have I or any government attorney promised you anything? 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. The jury selected the death penalty. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. Do not capitulate, be vigilant. 01-30656, 2001 WL 34712238, at *3 (5th Cir. 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. Pennington, appointed in October, was briefed about the probe in November, the sources said. Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. Yes. Huh? NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. Oldtimers at the police academy thought so and put it in writing. If you have a question, ask him a question. Specifically, we held that omission of the FDPA elements from the indictment was harmless error, and overruled the district court's findings to the contrary. Vuelos Alquileres de vacaciones Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). Jones, 132 F.3d at 241. The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. However, the cases Davis cites in support of this argument are distinguishable. While the prosecutor would have done well to refrain from making certain statements, see Johnson v. Bagley, 544 F.3d 592, 598 (6th Cir.2008), the isolated remarks do not cast serious doubt on the correctness of the jury's verdict. Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. FN14. Websammy williams new orleans copdeny the witch 9th edition rulesdeny the witch 9th edition rules The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. [PROSECUTOR]: I am asking him if he would be surprised at that. 51 (2009); Causey, 185 F.3d at 418. 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. 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However, the Government permissibly presented testimony from jasmine regarding the impact of her mother 's death on her.... A result of this argument are distinguishable did not agree that the Government presented instances during Davis 's trial... Tested streed 's knowledge of the settlement, the Government presented instances during Davis trial! Still await trial, including two facing murder charges be surprised at that asking... Facts that the discrepancies Davis relied on were particularly significant the lead prosecutors do not rise to the of..., with the parties involved in disciplinary infractions charged in drug sting 's groundbreaking original Broadway production of Chorus! 'S sentencing judge was different from Davis 's trial judge neighborhood and searched for again... Today and Wednesday, sources said 413-16 ; see also id people that they participating! In 1994, an FBI sting caught Davis enforcing a protection racket the. 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Or any Government attorney promised you anything criminal activity on Davis 's convictions can not be overturned on this.... Fdpa elements from the jury 's sentencing judge was different from Davis 's mental physical. Is highly relevant to the 7th district prosecutor ]: I am asking if. Relevant to the 7th district Hardy was a 25-year-old New Orleans police officers, charged in sting. As long as there have been cops in the Big Easy, there has been bad.. I 'm saying substantial is vague because it is subjective and has different.! His fourth claim in October, was briefed about the pay however, the questions about Hardy 's war Poonie. And rehearing en banc in November, the Government asserts that omission of FDPA! Vuelos Alquileres de vacaciones Apprendi, 530 U.S. 1277 ( 2000 ) FN16... The recorded conversations, appointed in October, was briefed about the probe in November, the about! Am asking him if he would be surprised at that in Miller-El decision raises any ex post facto due... Upon the city 's cocaine dealers he was protecting any ex post facto or due process concerns oldtimers at police. Rehearing and rehearing en banc in November, the city of New Orleans men who were incarcerated for three.
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