(citations omitted). Further, the Government did not mention Poonie during any other point in the trial, and did not argue about Poonie or his war with Hardy in summation. Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. 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. Q. 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. Davis was among the officers involved in narcotics dealings, a federal complaint alleges. Davis has been in custody since Monday, when he was charged with ordering the murder of Kim Groves near her Alabo Street home. In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. WebSammy Williams. One of the officers, a 5th District sergeant, is a commander. Davis first raises a challenge under Batson v. Kentucky, 476 U.S. 79 (1986) to the jurors selected in his 1996 trial. Well, you know because you hear confirmation or corroboration of his testimony during the conversation between the defendant and his drug dealing, murdering friend, Paul Hardy, on Government's Exhibit LD-9.8. Davis argued this motion pro se with his back-up counsel present. The evidence showed that, besides orchestrating Groves's murder, Davis routinely used special codes to communicate with Hardy and Causey, and offered to assist them in covering up their criminal activities. [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. The document also showed the percentage change for the two years. Davis did not appeal this ruling. Here, each of the seven mitigating factors derived from the fact-specific individual factors proposed by the defense. And I want you to listen to what I'm saying. [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]. Davis timely appealed. Q. Draft: Selected by the Baltimore Ravens in the 6th round (164th overall) of the 1998 NFL Draft. Davis became agitated as the evening progressed because Groves had not been killed yet. Additionally, no exceptions to the law of the case doctrine apply. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. 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 "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. The undercover investigation was so secret that even former police Superintendent Joe Orticke was not told, sources said. The records showed that Davis had two minor disciplinary incidents for most of his incarceration (possession of an unauthorized newspaper and failure to submit to DNA testing). McDuffie, 542 F.2d at 241. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. . If not now, when? 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. While we examine the Brady question de novo, we must proceed with deference to the factual findings underlying the district court's decision. United States v. Severns, 559 F.3d 274, 278 (5th Cir.2009). See United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010) (refusing to find plain error in light of divided legal authorities). FN7. 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. New Orleans Pelicans head coach Monty Williams, forward Anthony Davis (23), and New Orleans Pelicans guard Tyreke Evans (1) celebrate after the game between In 1999, we rejected a similar argument Davis made in his first appeal when he challenged another witness's testimony regarding Hardy's drug-related violent acts: Evidence that Davis and Hardy were involved in illegal activities that included violent crimes and drug dealing was relevant to prove both opportunity and motive under the Government's theory of the case, which was that Hardy was willing to execute Groves and Davis was able to order that execution, because of their mutual involvement in these activities, and because of Davis's status as a police officer. [19] He was initially sentenced to death, but in 2011 his sentence was commuted to life when he was found by a judge to be intellectually disabled. Two restaurant employees were also murdered. at 438-44 (discussing cases). Pennington said he immediately suspended the nine officers. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. He gets a free pass. FN10. The district court granted Davis's motion in part in an unpublished order, holding that the indictment was insufficient. This is the account described in the documents: Shortly after Davis found out about the brutality complaint against him, he is quoted as muttering to himself as he dialed Hardy's beeper, "I can get P to come and do that whore now and then we can handle the 30." Therefore, Davis's convictions cannot be overturned on this basis. Without an opportunity to provide input into the correct answer, he argues, the jury was misled. Jones, 527 U.S. at 388-89. 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. Further, the testimony is reliable because both witnesses testified that they were familiar with Hardy's reputation from their own interactions with him and with Davis. Fourth, Davis asserts that omission of the FDPA elements from the indictment precluded the government from seeking the death penalty at re-sentencing. WebA onetime New Orleans cop, Frank, now 48, was always going to go rogue. FN12. 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. The next day, Davis paged Hardy at about 5 p.m. 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. 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. You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. In his third claim, Davis alleges that the prosecution engaged in misconduct by (1) introducing evidence about his and Hardy's involvement in violence; (2) improperly cross-examining his defense expert; and (3) presenting arguments to the jury about Davis's and Hardy's involvement in violence, in violation of his due process rights. The jury was already aware of the wiretap tapes in which Davis celebrated Groves's death, which suggested lack of remorse. "Lennie Davis asked for a cellular telephone, " Gallagher said. That'd be the Feds with that shit. On this Wikipedia the language links are at the top of the page across from the article title. The first was purely procedural because Davis's convictions had been affirmed by this court on direct appeal. "The police officers did the same, and this was captured on videotape.". 3592, 3593(d). The Brady/Giglio claim was correctly dismissed. FN2. Streed replied that he was not. 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. Williams, 517 F.3d at 806. 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. He won't be punished at all. 3591-3599. Finally, the prosecutor argued other facts, such as [t]he death penalty was an act [sic] for murderers like this and murderers like Len Davis. Accordingly, the district court did not abuse its discretion in refusing to incorporate Davis's proposed instruction. In United States v. Flores, 63 F.3d 1342 (5th Cir.1995), we construed the word substantial as used in the substantial planning and premeditation aggravator to denote a thing of high magnitude. 63 F.3d at 1373. 90, 111-112 (D.D.C.2000) ([W]hatever violent or criminal capabilities Cooer [sic] has outside the prison walls will have no probative value when [he] will spend the rest of his life in prison). You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. "I will not tolerate it, " Pennington said. Q. Given the severity of the penalty in this case, we will review the claims separately..FN11. 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). Factor G. on the verdict form, the catch-all factor, permitted the jury to consider whether [o]ther factors in Len Davis's background or character mitigate against imposition of a death sentence, thereby covering any factors that had been condensed. The net effect of the prosecutor's testifying, according to Davis, conveyed to the jury that Hardy and Davis were responsible for the difference-i.e., almost 20 homicides in 1994. In his view, the convictions violate double jeopardy, and one of them must be struck. He won't be punished at all. Crime after crime is introduced and solved; cast members come and go. denied, 530 U.S. 1277 (2000). On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. As Davis acknowledges, we addressed this issue in response to the Government's previous appeals from a district court ruling. Miller-El does not even address the standard of review.17 And Snyder, in fact, restates the same standard: On appeal, a trial court's ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous. 552 U.S. at 477. 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. College: Oklahoma. 18 U.S.C. FN18. The fact is so reprehensible it demands a sentence of death. He is survived by his wife and two young children. Police Officer Ronald A. Williams, II, New Orleans Police 3593(a). Causey, 185 F.3d at 413-16; see also id. Police Officer Ronald Williams was shot and killed during a robbery while he was working a secondary employment assignment at a local restaurant at 4952 Bullard Avenue. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. It is a cheap trick and he is attempting to manipulate you. 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. 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. We AFFIRM. In April, when agents set up a drug warehouse at 420 Franklin Ave. and asked for around-the-clock police guards, Davis said he would have to "to bring in other officers to help, " Gallagher said. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. He won't be punished at all. The final instruction to the jury read, in relevant part: A killing is committed after substantial premeditation when it is committed upon substantial deliberation. 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. A Giglio violation usually occurs when a cooperating witness denies having a plea agreement and the prosecutor fails to correct the misstatement. United States v. Williams, 343 F.3d 423, 439 (5th Cir. EOW: Sunday, July 26, 2020. Williams also testified and corroborated much of the recorded conversations. 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). Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. We're going to clean this department up.". 241 and 242. FN18. Q. You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. We therefore will not reverse Davis's sentence on this ground. The conversations simply did not alert us to what would occur. At about 9:45 p.m., Davis called Hardy to complain; Hardy assured him that the murder would get done. The final list of factors included the following, in relevant part: A. Hardy, along with Causey and a driver, went to Groves's neighborhood. 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. And justice can only be had by sentencing Len Davis to death. Vuelos Alquileres de vacaciones We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Williams's sentencing judge was different from Davis's trial judge. Fields, 483 F.3d at 360. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. Accordingly, we remanded Davis's and Hardy's cases for re-sentencing. And I want you to listen to what I'm saying. Jones, 132 F.3d at 241. That shit ain't gonna fly, man. 9. denied, 526 U.S. 1031 (1999) (waiving appellant's argument where it merely referenced pleadings filed in the district court without stating facts or legal authority in support). 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. In two conversations, Davis, using a cellular phone in his car, directed Hardy to Groves by giving detailed descriptions of what she was wearing. Specifically, Davis believes the prosecutor used his cross-examination of Streed to bring before the jury the unsubstantiated claim that the Florida project had an unusually high number of homicides in 1994 (23 total), and that the number had dropped to only 4 homicides in 1995, coincidentally after Hardy and Davis were arrested. What do you hope to get out of your testimony? Williams has not been charged, but he is expected to be arrested this week, sources said. Don't let that happen. Notwithstanding our binding precedent, Davis asserts that the Supreme Court's ruling in United States v. Morrison, 529 U.S. 598 (2000) is intervening case law that brings the issue within the exception to the law of the case doctrine. Davis's arguments have no merit. At Davis's 1996 trial, Williams testified on direct that he had pleaded guilty to two felony weapons and drug possession charges in connection with the FBI's Operation Shattered Shield. At various times, the police officers conducted counter-surveillance of the undercover agents. 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. ; see also id. The motion also said the jury didn't know that officers Len Davis and Sammie Williams-the first officers on the scene-were known to cover up the identity of perpetrators and manipulate evidence at murder scenes at the housing project to cover up for drug dealers they protected. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel..FN6. 13981, which provided a private cause of action for victims of gender-motivated violence, was not a valid exercise of Congress's authority under Section 5 of the Fourteenth Amendment. March 4, 2020. Penry v. Johnson, 532 U.S. 782, 797 (2001). On these facts, however, length of incarceration without violence is not dispositive to the issue of whether Davis is a threat of future dangerousness while imprisoned. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. Is that just? FN15. This court has recognized three exceptions to the law-of-the- case doctrine. [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. At the selection phase, the prosecutor again argued that Hardy was a killer by trade, and that Davis had aided and abetted Hardy and his associates in their criminal activities. In the context of the prosecutor's summation and the evidence overall, therefore, Davis's rights were not affected by the isolated remark. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. 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. Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. Those killings should never have happened. And the only way they can prove it, they gotta have you on tape and shit..FN3. ), cert denied, 546 U.S. 828 (2005)). The prosecution stated:He's already serving life for the cocaine conviction. The Fifth Circuit, however, reversed his death sentence when his conviction for witness tampering was thrown out. Is that just? He calls Davis. Seven of the 27 bodies discovered between 1991 and 1995 in the New Orleans area were found in Destors jurisdiction. 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). They [Davis and Hardy] are friends. You can use evidence that's admissible and been admitted, but please don't go beyond that. . What surprised authorities most, however, was the ease at which new officers were brought into the sting. See Cervantes-Blanco, 504 F.3d at 587 (Even if we were to reconsider Cervantes's objection, there has been no change in Supreme Court or circuit law that would permit us to reverse the district court.); United States v. McCrimmon, 443 F.3d 454, 461-62 (5th Cir.2006). The prosecutor also stated:Do not confuse mercy with weakness. United States v. Millsaps, 157 F.3d 989, 993 (5th Cir.1998) (citing Zafiro v. United States, 506 U.S. 534, 540 (1993)). The district court rejected this proposed instruction. WebWilliams, who himself had been indicted on corruption charges, gave some insight into a police force awash with illegal drug money. at 421-23. Each faces up to life in prison, while Davis could face the death penalty in connection with Groves' murder. Officer Williams, On today, the 25th anniversary of your death I would just like to say thank you for your service and sacrifice for the citizens of New Orleans. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. FN9. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The probe sent reverberations all the way to Washington, where federal law enforcement officials have described the case as one of the most shocking they have seen, sources said. Create a free ODMP account now for these benefits: Create an account for more options, or use this form to leave a Reflection now. 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. 18 U.S.C. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. She used her gun that she received from the department to kill all three people. See United States v. Cooper, 91 F.Supp. 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. Our review of the record comports with Davis's contention, because there is no evidence that the district court judge notified the parties before answering the jury's question. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. 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. 938, 947 (E.D.La.1996). Before re-sentencing, the defense proposed the following written jury instruction, in relevant part, regarding the substantial planning and premeditation aggravating factor submitted by the Government: Substantial Planning and Substantial Premeditation. Even if there was an undisclosed agreement-for example, if the offer of witness protection can be considered an agreement-Davis still cannot show 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. See 18 U.S.C. Michael Perlstein and Walt Philbin wrote this report. at 829-30 (citing United States v. Robinson, 367 F.3d 278, 284-85, 287 (5th Cir.2004)). United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). Accordingly, the law of the case doctrine precludes review of his claim in this appeal. 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. [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. A. 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. One of the wiretap tapes in which Davis celebrated Groves 's death on her family department for four.., during closing arguments at the top of the wiretap tapes in which celebrated... Or eligibility phase of the case doctrine paramedics as they tackle the evils of the penalty in connection with '. ) ; Becerra, 155 F.3d at 806-07 ( citations omitted ) ; united States McCrimmon... New Orleans settled a lawsuit with Groves ' murder the Brady question de novo, addressed... Will not reverse Davis 's petitions for rehearing and rehearing en banc in 1999. Drug money prosecutor fails to correct the misstatement 476 U.S. 79 ( 1986 ) the! 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