Williams also testified and corroborated much of the recorded conversations. 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. Davis has been suspended by the Police Department. Frank was just 23, and had initially been denied a 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. Davis timely appealed. 9. 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. 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. McDuffie, 542 F.2d at 241. We rejected Davis's Batson challenge in his first appeal. Davis alleges eight points of error in the re-sentencing hearings. ), cert denied, 546 U.S. 828 (2005)). [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. . 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. Has anyone-by that I mean either the government, any government attorney or [the sentencing judge]-made any prediction as to what your sentence could possibly be? That'd be the Feds with that shit. And in Beardslee v. Woodford, 358 F.3d 560 (9th Cir.2004), the court found that the prosecutor's comments were impermissible under Griffin, but held that the error was harmless because the comments were not extensive and did not stress lack of remorse to the jury. In police code, 30 is the signal for a homicide. We AFFIRM. "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 document also showed the percentage change for the two years. We need not address the Government's argument that Davis waived this claim, because the claim was foreclosed when we affirmed Davis's convictions under Sections 241 and 242 in his first direct appeal. United States v. Davis, 912 F.Supp. On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. 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). The citizens of the City of New Orleans wait for you to give them justice. Nonetheless, we hold that the facts and circumstances of this case make the error harmless. United States v. Bieganowski, 313 F.3d 264, 293 (5th Cir.2002) (citing United States v. McDuffie, 542 F.2d 236, 241 (5th Cir.1976)); United States v. Sylvester, 143 F.3d 923, 928 (5th Cir.1998) (Upon receiving the note from the jury, the court should have notified counsel of the message, shared its contents and granted each side the opportunity to be heard.). Id. Under this or the plain error standard, Davis's claim fails. On redirect, the prosecutor then asked Jasmine to explain why she had thought a life sentence would mean things would end. She answered that she had believed it would mean no more court, no more nothing. But, she said she had now learned, he can keep appealing and keep going through this for the rest of our life [sic]. Defense counsel did not object. He preyed on a community, this community, New Orleans, Louisiana that desperately needed, still needs protection from the likes of Davis. If anybody kills somebody in the Florida, who is the first one they think of? Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. Cause: COVID19 FN7. Seven of the 27 bodies discovered between 1991 and 1995 in the New Orleans area were found in Destors jurisdiction. Davis's arguments have no merit. at 1374. You recall the events of September 30th, 1994, Williams described to you. They were cryptic and they did not take on significance until compared with other events. 51 (2009); Causey, 185 F.3d at 418. FN9. The arrests stem from a 10-month federal probe of police corruption that is expected to result in charges against as many as 11 other officers who allegedly were involved in large-scale drug trafficking, sources said. 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. Here, the Government reiterated Jasmine's testimony that Davis never said he was sorry-a far cry from arguing that he should say more. ; see also Agofsky, 458 F.3d at 374. 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. On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. It is well-settled in this circuit that when a communication is received from the jury, counsel should be informed of its substance and afforded an opportunity to be heard before a supplemental charge is given. Defense counsel asked Williams about a 5K letter, a motion for downward sentence departure pursuant to U.S.S.G. As a result of this, we had to increase significantly the security of the FBI undercover agents.". all 80 Reflections, Reflections Terms of Use (revised 5/31/2012), View, edit or delete any Reflection you've left in the past. His wife and children are in our thoughts. Oh, sure, they look like theyre moving. 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. [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 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. And what does Davis, the defendant, do? WebLen Davis had worked for the Fifth District with officer Sammy Williams and Paul Hardy as patrolmen. Join Facebook to connect with Sammy Williams and others you may know. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. 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). 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. For example, when discussing Davis's plan of the murder, the prosecutor stated: Hardy's going to be the executioner and they're [Davis and Williams] are going to clean it up. United States v. Davis, 380 F.3d 821 (5th Cir.2004); reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. For if not him, who? Davis was initially sentenced to death on April 26, 1996. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. 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. Well, I'm hoping the government informs the judge of my cooperation and, as a result, he [the sentencing judge] will give me a lesser sentence than he otherwise may impose on me. 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. 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. I understand what you're trying to say, but please. Webhampton club new brunswick, nj for rent; unsworth medical centre; whatcom county shooting laws. Mark Mottola. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. 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. "We're on a crusade. 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. Has the government-have I or any government attorney promised you anything? And I want you to listen to what I'm saying. If not now, when? [24] Davis has been linked to that murder as well. See id. The federal documents include detailed transcripts of telephone conversations between Davis, Hardy and Causey, including conversations just minutes before and after the killing. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Five of the victims were men, but some of them were reportedly transgender. at 423. The government must also establish beyond a reasonable doubt that the murder was committed after substantial planning for you to find this element proved. And I want you to listen to what I'm saying. When Hardy called Davis back almost immediately, Davis described Groves's appearance. Please try again. 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. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. 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. That'd be the Feds with that shit. 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. 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. FN15. [T]he relaxed evidentiary standard does not impair the reliability or relevance of information at capital sentencing hearings, but helps to accomplish the individualized sentencing required by the constitution. Id. Is that just? 3595(c)(2). In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. The complaint alleges that Davis ordered the murder of Groves; Hardy carried it out; and Causey hid the murder weapon. 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. See 18 U.S.C. [19], Hardy was convicted of conspiracy to violate Groves' civil rights and of witness tampering. 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. Police procedurals are stasis machines. The first was purely procedural because Davis's convictions had been affirmed by this court on direct appeal. 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. Officer Len Davis, two others, charged in death of Kim Groves. Pennington said he immediately suspended the nine officers. The defense introduced the crime statistics during direct examination to support the theory that Davis was a product of the violent atmosphere in which he worked, thus opening the door to the Government's questions on cross-examination. WebRunning Head: The corruption in the New Orleans Police Department In a recorded conversation, Williams told Adams he could protect his drug operation, but he needed to bring his partner in on it. 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 working in a high crime area. At approximately 11:00 p.m., Hardy shot Groves in the head, killing her. Who the fuck are you or Paul Hardy to decide who lives or die? In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. He said, Yeah. Brady / Giglio claims raised in a motion for a new trial are renewed de novo. FN5. at 1373. Jones, 132 F.3d at 241. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. Davis was among the officers involved in narcotics dealings, a federal complaint alleges. We're going to clean this department up.". Given the severity of the penalty in this case, we will review the claims separately..FN11. "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. Davis arranged to meet Hardy and Causey at the police station to view photos of homicide cases. It was a crime that shook New Orleans to its core - 20 years ago Wednesday. D.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 working in a high crime area, being shot at on numerous occasions, including on one occasion being shot in the stomach while coming to the assistance of fellow officers. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. The undercover investigation was so secret that even former police Superintendent Joe Orticke was not told, sources said. First, the Government resubmitted the evidence presented in the first or eligibility phase that proved Davis acted with specific intent and after substantial planning and meditation, resulting in Groves's death. Jasmine Groves waits for you to give her justice. Davis has been in custody since Monday, when he was charged with ordering the murder of Kim Groves near her Alabo Street home. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. Davis argued this motion pro se with his back-up counsel present..FN19. He says many of the issues highlighted in the report were some of the same issues that confronted the department back when he was on the force. And it was an insult on our entire criminal justice system.. Accordingly, we remanded Davis's and Hardy's cases for re-sentencing. His arrest in 1994 about a 5K letter, a motion for a New trial are de! 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