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. There was no contemporaneous objection to the victim-impact testimony or the related arguments by the prosecutor, and thus the claims are reviewed for plain error. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? [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]. 3595(c)(2). United States v. Rodriguez, 581 F.3d 775, 796-97 (8th Cir.2009) (holding that testimony of six victim-impact witnesses was not overwhelming where witnesses explained the impact of the victim's murder on their lives and defendant presented mitigation witnesses). A big break in the case came when Davis - described as the ringleader of the nine cops - asked for a cellular telephone to conduct business with the undercover agents. August 17, 2012. For if the defendant thinks of Kim Groves at all, it is only to ponder how he could have done this murder better. After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. We affirmed Causey's conviction and sentence, and affirmed Davis's and Hardy's convictions on Counts 1 and 2. Therefore, neither decision raises any ex post facto or due process concerns. On this Wikipedia the language links are at the top of the page across from the article title. On several occasions, Len Davis answered calls for assistance from fellow officers who were being shot at and assisted in apprehension of the suspects, putting his own life in danger to save the lives of his fellow officers. During the mitigation case at the selection phase, defense counsel presented Davis's incarceration records for the previous eleven years (from his arrest in 1994 to his 2005 re-sentencing). 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. 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. The document also showed the percentage change for the two years. The jury found Davis and Hardy guilty on all three counts, and found Causey guilty on Counts 1 and 2; it could not reach a verdict on Count 3 as to Causey. The jurors were instructed to the contrary by the court immediately before their deliberations, and were informed that the arguments were just that-not evidence. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. 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 We have defined future dangerousness as evidence that a defendant is likely to commit criminal acts of violence in the future that would be a threat to the lives and safety of others. Bernard, 299 F.3d at 482. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. Here, each of the seven mitigating factors derived from the fact-specific individual factors proposed by the defense. In a pre-trial filing, Davis moved to strike this aggravating factor. If not now, when? FN10. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Compare, e.g., People v. Kuntu, 752 N.E.2d 380, 403 (Ill.2001) (We find error in allowing the State to argue to the jury that, if it should fail to vote to sentence defendant to death, the jury will be giving the jury five free murders.), with Rodden v. Delo, 143 F.3d 441, 447 (8th Cir.1998) (In context, the prosecutor's statement about the second murder being free urged the jury to impose additional punishment for the additional crime The jury could properly consider [the defendant]'s earlier crimes in deciding whether to sentence him to death.). Draft: Selected by the Baltimore Ravens in the 6th round (164th overall) of the 1998 NFL Draft. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. Now, do you believe in coincidences, Dr. Streed? McDuffie, 542 F.2d at 241. Streed described several incidents in which Davis had been assaulted or threatened with violence on the job, and his subsequent behavioral changes including alcohol use and increased internal-affairs complaints brought against him. 3593(c). We examine his claims in turn. In Murphy v. Dretke, 416 F.3d 427 (5th Cir.2005), cert. Our review of this claim is foreclosed under the law of the case doctrine. Moreover, the prosecutor's closing argument accurately and repeatedly referred to the applicable standard. 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. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). 01-30656, 2001 WL 34712238, at *3 (5th Cir. Police officers put their lives at risk every day in the line of duty. 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. 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. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. 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. The prosecutor then asked Williams: Q. Jones, 527 U.S. at 388-89. 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. Huh? 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. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. Williams's sentencing judge was different from Davis's trial judge. 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. 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." 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 A.I am sorry, I don't think I understand your question. (internal citation omitted). 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. On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. 529 U.S. at 627. The jury selected the death penalty. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. . Five of the victims were men, but some of them were reportedly transgender. Id. 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. Causey was an associate of both Hardy and Davis. That shit ain't gonna fly, man. How do you know if Sammie Williams is telling you the truth? In Lesko v. Lehman, 925 F.2d 1527 (3d Cir.1991), for example, the defendant testified regarding biographical information in the mitigation phase, and the prosecutor impermissibly used that testimony to argue that he should have said more, including that he was sorry. In two conversations, Davis, using a cellular phone in his car, directed Hardy to Groves by giving detailed descriptions of what she was wearing. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil 3593(e). 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 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. In Snyder, a direct appeal from state court, the Supreme Court found a Batson violation when the state court failed to make a finding on the record either crediting or denying the prosecutor's reasons for challenges to African American jurors. Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. Now, you pleaded guilty just about a year ago. Generally, we apply a two-step analysis to claims of prosecutorial misconduct. See United States v. Cooper, 91 F.Supp. At 10 P.M. on Oct. 13, Because Davis failed to object to the verdict forms or the portion of the jury instructions pertaining to mitigation, this court reviews for plain error. Did you ask about the significance of numbers of homicides in the various projects? 18 U.S.C. This plausible explanation makes it debatable as to whether the remarks were intended to comment on Davis's failure to testify in the sentencing hearing. FN16. 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. 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. 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. at 1540. The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. 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. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. Do not capitulate, be vigilant. He gets a free pass. 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. ), cert denied, 129 S.Ct. The Brady/Giglio claim was correctly dismissed. Id. Defense counsel offered correction to a typo but no substantive objections. Juan Jackson Under this or the plain error standard, Davis's claim fails..FN4. 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. Ambiguous jury instructions in the capital context warrant reversal only if there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence. Boyde v. California, 494 U.S. 370, 380 (1990). It was a crime that shook New Orleans to its core - 20 years ago Wednesday. 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. Moreover, the testimony of a single family member was not sufficient to render the trial unfair, relative to the overwhelming evidence against Davis. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. Davis's arguments have no merit. United States v. Fields, 483 F.3d, 313, 358 (5th Cir.2007), cert. More top cops with the New Orleans Police Department are said to be leaving. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. The first was purely procedural because Davis's convictions had been affirmed by this court on direct appeal. As stated in Part III.B., supra, the jury was already aware that Davis and Hardy had been convicted for the murder of Groves, and that Hardy was the actual shooter. Websammy williams new orleans copdeny the witch 9th edition rulesdeny the witch 9th edition rules "Unfortunately, we were not provided on Oct. 13 with enough information to allow us to prevent it, " he said. 2010). Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. denied, 528 U.S. 829 (1999). 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). Senior Police Officer Sharon M. Williams. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. He is incorrect. 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. 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. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. 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. A third man, Damon Causey, hid the murder weapon, a 9mm pistol. Davis argues that Williams had an undisclosed plea agreement. 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. Meanwhile, he said, agents kept a close eye on Davis and were prepared to arrest him at "any time of the day or night. 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. (citing United States v. Mares, 402 F.3d 511, 515 (5th Cir. 938, 947 (E.D.La.1996). Defense counsel used these words after requesting permission from the district court to lead the witness. 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. 3592(c)(9)..FN15. During the selection phase, the Government elicited sentencing testimony from the victim's daughter, Jasmine Groves, that Davis did not deserve life imprisonment because he had not once said he was sorry, in over 11 years since the crime. 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. This principle receives even more play where there is no contemporaneous objection to the cross-examination. Id. Specifically, Davis argues that Miller-El v. Dretke, 544 U.S. 231 (2005) and Snyder v. Louisiana, 552 US. 241 and 242. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. 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. Under this or the plain error standard, Davis's claim fails. You only go to jail if you were the gunman. On the night of Groves' murder, Davis spoke with Hardy several times. 3592(a); Jones, 527 U.S. at 408. The district court overruled his objection. Fields, 483 F.3d at 360. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. 5. Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? FN18. Miller-El, 545 U.S. at 251-52. Causey, 185 F.3d at 413 (holding that the Government's explanations for their peremptory strikes were race neutral and not outside the realm of credibility) (citing Purkett v. Elem, 514 U.S. 765, 768 (1995)).16 Here, Davis presents arguments regarding strikes against seven African-American jurors, the same jurors whose strikes he appealed to the district court and to this court in Causey. Me and my attorney asked the judge18 to allow us the opportunity-allow me the opportunity to cooperate before being sentenced. Davis paged Hardy. 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. After it's done, go straight Uptown and call me." Whether such error requires reversal depends upon the magnitude of the prejudicial effect, the efficacy of any cautionary instruction and the strength of the evidence of the defendant's guilt. A New Orleans police officer and two other men were arrested Monday in connection with the Oct. 13 slaying of a woman, a killing federal authorities say was plotted and celebrated over phone lines tapped by the FBI. Accordingly, this court's review of this claim is foreclosed. While the jury determines aggravating factors unanimously and beyond a reasonable doubt, it determines mitigating factors individually and by a preponderance of the information. 18 U.S.C. However, we reversed Davis's and Hardy's convictions on Count 3 because of insufficient evidence. New Orleans Police Department, LA. Moreover, we have previously held that [a]though the prosecution may not appeal to the jury's passions and prejudices, the prosecution may appeal to the jury to act as the conscience of the community. Jackson, 194 F.3d at 655 & nn.54-56. 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. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. Appointed in October, he acknowledged that he inherited a department riddled with corruption and vowed to weed out bad officers through aggressive internal investigations. Real cocaine - more than 130 kilos - was used throughout the sting, as was real money, $97,000 of which was distributed to officers in payments as large as $6,000. Do not capitulate, be vigilant. 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. In Davis's first appeal, we stated, the district court's decision on the ultimate question of discrimination is a fact finding, which is accorded great deference. Causey, 185 F.3d at 413. You have permission to edit this article. 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. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. 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. United States v. Fernandez, 559 F.3d 303, 319 (5th Cir. The email address cannot be subscribed. 01-30656, 2001 WL 34712238, at *3 (5th Cir. Hardy, along with Causey and a driver, went to Groves's neighborhood. You have permission to edit this article. [13], In October 2022, three men wrongfully convicted of murder, based on false testimony from Davis, were released after 28 years of incarceration. First, we assess whether the prosecutor made an improper remark. Id. 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. Under either standard, Davis's claims fail. That shit ain't gonna fly, man. Maybe there wasn't enough evidence. 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. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. Because Davis did not object to the first four categories of comments in the prosecutor's closing argument, we apply only plain error review. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. Davis, Hardy and Causey are charged with conspiring to violate the civil rights of Groves by killing her, a crime punishable by death. 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