Davis's back-up counsel did not object to these statements.7. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. 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). 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. [5] He had been suspended six times and received 20 complaints between 1987 and 1992 while subsequently receiving the department's Medal of Merit in 1993. According to court documents Len Davis was under investigation by the Internal Affairs for the murder of a young man who he thought was a witness to an officer involved shooting. Copyright 2023, Thomson Reuters. Davis did not appeal this ruling. Jasmine Groves waits for you to give her justice. Meanwhile, he said, agents kept a close eye on Davis and were prepared to arrest him at "any time of the day or night. See 18 U.S.C. Sammie Williams is equally or more culpable than Len Davis and he will not be punished by death. "We put everyone on notice today. "I will not tolerate it, " Pennington said. Competitive law enforcement salary and excellent benefits include: Outstanding retirement plan with benefits earned in as little as five years; Affordable and quality health, vision, and dental insurance for you and your family WebLen Davis had worked for the Fifth District with officer Sammy Williams and Paul Hardy as patrolmen. [4], Davis was known in the community as "RoboCop" because of his large size and the "Desire terrorist" due to his aggressive policing style. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. 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.. FN1. [PROSECUTOR]. See Skipper v. South Carolina, 476 U.S. 1, 7 n.2 (1986). 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! Oh, sure, they look like theyre moving. [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. WebThe following defendants remain at large and are being sought by authorities: RONALD CHASTER JOHNSON, WILLIAM BARNES SHEARS, MARK RENE JAMES, DERRICK ALEXANDER, and MILTON BEVERLY. "Lennie Davis asked for a cellular telephone, " Gallagher said. [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. 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. And it was an insult on our entire criminal justice system.. 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. 241 and 242 would not, as a practical matter, punish him for those offenses because he was already serving a life sentence on an earlier drug conspiracy offense.12 In rebuttal summation, the prosecutor also stated: But more importantly, as [defense counsel] told you, if you don't sentence him to death, this murder is a freebie. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. You don't get charged with that kinda stupid shit over here. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. Without the notification, Davis and his counsel were unable to evaluate the propriety or adequacy of the proposed supplemental charge, formulate objections, or suggest additional instructions. McDuffie, 542 F.2d at 241. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. Is that just? 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). We're going to clean this department up.". 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. 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. Any reason why you haven't been sentenced yet, to your knowledge? That'd be the Feds with that shit. I said, fuck the game, we talking about people's lives. He won't be punished at all. at 829-30 (citing United States v. Robinson, 367 F.3d 278, 284-85, 287 (5th Cir.2004)). 7. For if the defendant thinks of Kim Groves at all, it is only to ponder how he could have done this murder better. During the second or selection phase, Duncan testified that he was familiar with Hardy because he had handled murder cases in which Hardy was a suspect. 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)..FN2. "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. 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. [PROSECUTOR]: Back to coincidences now, your Honor. WebLatest on OT Sammy Williams including news, stats, videos, highlights and more on NFL.com 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 undercover agent was very clever, however, and stripped before the police officers to show that he was not wired at the time, " Jordan said. FN7. And it was an insult on our entire criminal justice system. Don't let him. THE COURT: [Prosecutor], please try not to testify and give information. 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. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. For if not him, who? FN14. 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. In December 1994, the Government filed a one-count federal indictment against Davis, Hardy, and Causey, followed by a three-count superseding indictment and a second superseding indictment. 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. Explore. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. Admission of the testimony is not sufficient to reverse Davis's sentence. Washington State Department of Corrections, WA. We're going to be in a holy war. FN4. 3593(a). "It tells us that corruption in the Police Department is pervasive, rampant and systemic.". 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. United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. Davis's substantial rights were not affected such that a reversal of his sentences is warranted. He won't be punished at all. After the killing was officially logged as a murder by police, Davis and Williams were overheard celebrating the murder with Hardy, they said. We examine the seven claims related to his convictions in turn, keeping in mind that we affirmed Davis's convictions in his first appeal. However, they also stated that they had never been told by Williams or by government attorneys that Williams actually had a plea agreement. 3592(c)(9). [10] Davis would later be convicted of additional drug-related charges while the other officers pleaded guilty. Is that just? Williams see [sic] a homicide and what does he do? Learn more about FindLaws newsletters, including our terms of use and privacy policy. Fields, 483 F.3d at 360. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. That shit ain't gonna fly, man. 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. Cf. In his fifth claim, Davis argues that the prosecution's closing arguments at the selection phase of the sentencing hearing were improper and constitute reversible error.11 Davis specifically takes issue with five categories of statements. His regular duty partner and her associate robbed the restaurant and fatally shot him. In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. A reasonable probability is a probability sufficient to undermine confidence in the outcome. In short, the government must prove the defendant killed Kim Groves only after substantially thinking the matter over and deciding to do it beforehand. 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. Jasmine Groves waits for you to give her justice. On the night of Groves' murder, Davis spoke with Hardy several times. Follow the men and women who keep the citizens of New Orleans safe during the night. denied, 530 U.S. 1277 (2000). 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. The complaint alleges that Davis ordered the murder of Groves; Hardy carried it out; and Causey hid the murder weapon. Id. And he said, oh, that's Paul. Me and my attorney asked the judge18 to allow us the opportunity-allow me the opportunity to cooperate before being sentenced. Juan Jackson 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. Id. 529 U.S. at 627. 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). 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. 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. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. 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. 8. The fact that Davis was not present during the selection phase when the prosecutor made the remarks, however, could have led the jury to believe that the Government was highlighting Davis's failure to apologize. 9. The prosecutor then asked Williams: Q. Accordingly, review of this issue is foreclosed. Similarly, here, there was ample evidence from which a jury could conclude that Hardy and his crew were involved in killing and that Davis counseled and protected their endeavors. The jury was aware-from the court's detailed instructions before and after the selection and penalty phases-that Davis could only be sentenced to a life sentence without the possibility of release, or to death. [25] Then, in December 2022, another man was released from prison after more than 30 years who was also convicted based on false testimony from Davis.[26][27]. One of the officers, a 5th District sergeant, is a commander. In drafting the jury instructions and verdict forms, the district court condensed the individual factors to seven categories of mitigating factors that were submitted to the jury with the instruction that they were to indicate the number of jurors who find the factor established by a preponderance of the evidence as to each count of the conviction. 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. 241; (2) depriving Groves of her civil rights by use of excessive force by shooting her with a firearm, resulting in death, in violation of 18 U.S.C. And it was an insult on our entire criminal justice system. This comes as all three were found to be wrongly convicted He won't be punished at all. Davis paged Hardy. 3595(c)(2). 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. 1512(a)(1)(C) and 2. The prosecutor also stated:Do not confuse mercy with weakness. Additionally, he asserts, we applied an incorrect standard of review in affirming his Batson claim in his first appeal. Defense counsel did not object to any of the prosecutor's questions. In April, the officers agreed to protect a drug shipment, then stunned an agent posing as a big-time cocaine dealer by showing up in uniform, Gallagher said. 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. Now, do you believe in coincidences, Dr. Streed? 938, 947 (E.D.La.1996). Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. This argument is also unavailing. 3593(e). Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. In June 2005, the district court granted that part of Davis's motion which limited this factor to his threat of future dangerousness while he is in a penal institution. 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. 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. 3591-3599. The prosecution stated:He's already serving life for the cocaine conviction. After it's done, go straight Uptown and call me." 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. 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 examined as well as Mr. Davis' personnel file, crime statistics for New Orleans for the year 1994, did you not? (emphasis added). Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? 2010). When a defendant seeks a new trial on the basis of a Brady violation, he must show that (1) the prosecution did not disclose the evidence; (2) the evidence was favorable to the defense; and (3) the evidence was material. Fernandez, 559 F.3d at 319 (quoting United States v. Infante, 404 F.3d 376, 386 (5th Cir.2005)). WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. 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. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. It is a cheap trick and he is attempting to manipulate you. The district court overruled his objection. Well, other than the fact that it is considerably higher than the other eight districts, no. To establish Davis's relationship with Hardy and Hardy's reputation for violent acts, the Government presented testimony from Williams, Davis's partner in 1994 and friend since 1990, and Leon Duncan, Davis's partner before Williams.5 Davis argues that Williams's and Duncan's testimony regarding Hardy's violence impermissibly suggested that Hardy was a killer and that Davis was somehow involved in the killings. WebA onetime New Orleans cop, Frank, now 48, was always going to go rogue. 241), List of death row inmates in the United States, List of inmates at the United States Penitentiary, Terre Haute, List of killings by law enforcement officers in the United States prior to 2009, "Baumgartner Death Sentences 22 Sept 2019", "Len Davis sentenced to death for murder of Kim Groves", "Officer Len Davis, two others, charged in death of Kim Groves", "Law & Disorder - Timeline: NOPD's Long History of Scandal", "Len Davis convicted of running cocaine protection racket", "Len Davis, eight other New Orleans police officers, charged in drug sting", "9 New Orleans Police Officers Are Indicted in U.S. Drug Case", "A murder 20 years ago marked low point for NOPD", "City to pay $1.5M to Kim Groves' children, 24 years after NOPD officer had her killed", "Len Davis, triggerman convicted of capital murder in death of Kim Groves", "Ex-officer convicted for 1994 hit wants federal judge back", "FindLaw's United States Fifth Circuit case and opinions", "Murderous ex-cop has no fool for a client: An editorial", "Len Davis, Petitioner v. United States of America", "Hit man who killed Kim Groves in 1994 is sentenced to life in prison", "United States of America, Plaintiff-appellee, v. Damon Causey, Defendant-appellant.united States of America, Plaintiff-appellee, v. Paul Hardy, Also Known As P, Also Known As Cool; and Len Davis, Defendants-appellants, 185 F.3d 407 (5th Cir. They look like theyre moving allow us the opportunity-allow me the opportunity to before... 'S war with Poonie tested Streed 's knowledge of the officers, a 5th sergeant... Jury that will begin hearing testimony today and Wednesday, sources said lead the witness.. FN10 that... F.3D 376, 386 ( 5th Cir.2005 ) ) two young children your guilty plea, sir did! That Williams actually had a plea agreement, 287 ( 5th Cir.2004 ) ) including our terms of use privacy. 'S Paul hid the murder weapon the judge18 to allow us the opportunity-allow me the opportunity to cooperate before sentenced. 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