[12] Incumbent Secretary of State James H. "Jim" Brown, originally from Ferriday in Concordia Parish, who had succeeded Hardy in 1980, had vacated the post to make an ill-fated run for governor. The FDPA lists 16 aggravating factors, for which notice must be provided, that may form the basis for a federal death sentence for a homicide conviction. Id. United States v. Causey, 185 F.3d 407, 410-11 (5th Cir.1999), cert. First though he was for two weeks in January 1987 a gubernatorial candidate once again. NEW ORLEANS -- Paul 'Cool' Hardy, the reputed drug dealer who executed a woman at the request of former New Orleans police officer Len Davis, has been removed from federal death row after a federal judge determined he was mentally retarded. Davis, 50, remains as defiant today as he was in 2005, when he acted as his own defense attorney in a bizarre penalty retrial that, like his 1996 trial, resulted in a death sentence. [Davis] asked [Hardy] to hold off killing that individual that night because it would be too suspicious.. During his hitch, Hardy achieved the rank of sergeant and was discharged on September 28, . View the profiles of professionals named "Paul Hardy" on LinkedIn. After she left the office of lieutenant governor, Schwegmann switched to the Republican Party. Davis and Hardy appealed the district court's not dismissing on double jeopardy grounds. Notifications can be turned off anytime in the browser settings. Contact Us- Overview- Territory/Jurisdiction, News and Outreach- Press Room|Stories- In Your Community, About Us- Our People & Capabilities- What We Investigate- Our Partnerships- New Orleans History, This content has been reproduced from its. (B)intentionally inflicted serious bodily injury that resulted in the death of the victim; (C)intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or. That is what the petit jury did in Robinson, 367 F.3d at 289 (and likewise what the petit jury did here, before the conviction was vacated in part, Causey, 185 F.3d at 407). Davis is the only person ever to be sentenced to death for a civil rights offense, McMahon said. On or about October 14, 1994, [Davis], in a cellular telephone conversation, spoke with [Hardy] about killing the [unnamed] individual and [Hardy] replied that he wanted to kill the person that night. The U.S. Attorney's office is appealing Berrigan's ruling to the U.S. Fifth Circuit Court of Appeals. It was 911 I called to come help and save you, yet they know it was their own kind who killed you.. You know what I wanna do., After its done, he added in a later call, go straight Uptown and call me., After receiving confirmation that Hardy had carried out the hit, Davis exulted. See Robinson, 367 F.3d at 284. View full sizeTimes-Picayune archiveNathaniel Groves, Kim Groves' father, speaks to reporters after jurors handed down a death penalty to Len Davis for her killing, on Aug. 9, 2005. 1215, held that provisions of a carjacking statute, establishing higher penalties when the offense resulted in serious bodily injury or death, provided additional elements of the offense, not sentencing considerations. 3591 et seq. The Government claims the indictment is not deficient if read with maximum liberality. Thereafter, Treen, who narrowly defeated Lambert in the general election, appointed Hardy as Louisiana's secretary of transportation. In 1965, he received his bachelor's degree from the University of Louisiana at Lafayette, then the University of Southwestern Louisiana, from which his mother also graduated. As discussed, the two remaining counts of the indictment charged Davis and Hardy with conspiracy to violate the civil rights of Kim Groves and an unnamed individual by use of excessive force, resulting in death, and with violating Kim Groves' civil rights by use of excessive force by shooting her with a firearm, resulting in death. On or about October 13, 1994, defendant [Davis], while on-duty and while using his official police car, conducted surveillance of Kim Marie Groves for the purpose of reporting Groves' physical description and location to defendant [Hardy]. E.g., United States v. Walker, 302 F.3d 322, 325 (5th Cir.2002). Paul Hardy, 49 Resides in Lafayette, LA Lived In Baton Rouge LA, Bangor ME Related To Christina Hardy, Diana Hardy Also known as William Patrick Hardy, Billy Hardy, Bill Hardy Includes Address (4) Phone (3) Email (1) See Results Paul Richard Hardy, 60 Resides in Fernley, NV Lived In Vacaville CA, Baton Rouge LA Related To Michele Hardy, Donna Hardy On remand, if the death sentence is to be imposed, the charge to the petit jury will again include the FDPA elements; those elements must be found beyond a reasonable doubt. [8][9], Instead, Hardy faced five opponents in the race for lieutenant governor, including the two-term Democratic incumbent, Robert Louis "Bobby" Freeman of Plaquemine in Iberville. On or about October 13, 1994, defendant [Davis] contacted defendant [Causey] by cellular telephone to arrange a meeting whereby defendant [Davis] would identify Kim Marie Groves to defendants [Hardy and Causey] thereby facilitating the murder of Kim Marie Groves. After Davis learned of the complaint at approximately 1:00 a.m. on 13 October, he contacted Hardy by telephone; they discussed a plan to kill Kim Groves. This version of October 2011 by Paul Hardy includes many tidies and 'corrections' for consistency and modern playability. Section 3731 is to be liberally construed, see United States v. Wilson, 420 U.S. 332, 337, 95 S.Ct. It had a huge impact on the city.. The approach to hiring police and police training was just horrendous, Gallagher said. izmir escort. These included novels by Jane Austen, Harrison Ainsworth and George Borrow as well as texts by Honor de Balzac, Alexandre Dumas, John Byron, Susan Coolidge, Victor Hugo and many others. Rate. I think (the Davis case) just epitomized the fact that, at that point, New Orleans was arguably the worst police department in the country, said Samuel Walker, a professor emeritus of criminal justice at the University of Nebraska Omaha, who studied the NOPD a few years after Davis arrest. The next question is whether Davis and Hardy's substantial rights were affected by losing the right to have the public determine whether there existed probable cause to charge the [required FDPA] factors that would be used to sentence them. After a stint in the legislature, she attempted to regain the lieutenant governorship in the 2003 jungle primary but was badly defeated by Democrat Mitch Landrieu, brother of U.S. UNITED STATES v. Paul Hardy, also known as P., also known as Cool, Defendant-Appellee. Instead of preparing for a party, Groves said she watched her mother gasp for breath outside their home. The shooting, carried out by hit man Paul Hardy, coincided with a high-stakes drug sting that ensnared Davis and several of his rogue colleagues, an investigation that raised lingering. Copyright 2023, Thomson Reuters. Both men were convicted and sentenced to death. 2. The case was remanded for resentencing. Square. Davis arranged to have Hardy and Causey meet him at the police station in order to take them to her. She filed a complaint against Davis with the police department's internal affairs office. Fitzmorris filed suit in the 19th Judicial District Court in Baton Rouge, but Judge Douglas Gonzales, a Republican, ruled that Fitzmorris failed to provide evidence that enough fraudulent votes were cast for Lambert to impact the outcome of the second-place candidacy. Paul Hardy in New Orleans, LA Paul Hardy may also have lived outside of New Orleans, such as Plaquemine and Tickfaw. Davis, who complained that Groves was lying on me, insisted that only Williams was responsible for the beating. When Hardy vacated the secretary of state's position, the two top votegetters, Sandra Thompson, director of the Atchafalaya Basin Culture, Recreation, and Tourism project, and State Senator James H. "Jim" Brown of Ferriday, went into a general election showdown. Defendant [Causey] did conceal the 9 mm firearm used to kill Kim Marie Groves by hiding the firearm in a chest-of-drawers in his bedroom, located at 3930 Florida Avenue, Apartment B, New Orleans, Louisiana. They have two children and two granddaughters. Those concerns, among other legal challenges, resurfaced in a 2012 motion for a new trial that is still pending in U.S. District Court, a filing that delayed Davis execution indefinitely. Loyola University New Orleans College of Law: Profession: Attorney: Paul Jude Hardy (born October 18, 1942) . Wednesday, Oct. 8, 2014. At that hearing, the jury decided the death penalty was appropriate. bursa escort. Hardy was convicted of violating the civil rights of Kim Groves, who was gunned down outside of her Ninth Ward home after she filed a brutality complaint against Davis and his patrol partner. Under these unique circumstances the Fifth Amendment prohibits further capital proceedings. "I desperately wanted to get stopped by an NOPD officer so that I could either kill one of them or force one of them to kill me. Gallagher, the retired FBI agent, insisted the agency could not have prevented the killing, saying the evidence had to be pieced together. FBI wiretaps captured chilling telephone conversations between Davis and Hardy as the patrol officer ordered the killing, confirmed Groves' death, then celebrated the news. In the general election, Schwegmann scored a large victory, 1,009,026 (59 percent) to Hardy's 693,412 (41 percent). Hardie Plank Lap Siding. He served in the secondranking post under Governor Buddy Roeme We also emphasize that the constitutional error likewise does not lie in the indictment itself Thus, it would be imprudent for defense counsel to object to an indictment which, by all rights, is facially sound. For the youth magazine Chums Hardy made illustrations for over 40 years from 1896. No rational grand jury could allege these overt acts, but fail to allege the specific intent to kill and concomitant substantial planning and premeditation. Assistant U.S. Attorney Michael McMahon told jurors at the close of Davis trial that Groves murder should not have happened in the United States of America. That argument could have applied equally to the broader bloodshed that befell the city in 1994, when killing was literally more common than the sun coming up. Her complaint incensed Davis and he wanted her dead. The requisite notice was provided to Davis and Hardy, albeit not by the indictment. Defendants filed numerous pre-trial motions, including many contesting the legality and adequacy of the indictment. He therefore endorsed Livingston and incorrectly predicted that Livingston would be elected governor that year. Hardy, now 44 years old, stood shackled in a. Davis got involved after the department paired him with Officer Sammie Williams, one of the Fifth District patrolmen on the take. As noted, the district court held that Ring, in conjunction with Cotton, Apprendi, and Jones, requires an indictment to charge the FDPA elements necessary for the death penalty. Parades in New Orleans were called off in 2021 because of COVID, and they were shortened in 2022, so this year is the first full-blown Mardi Gras since before the pandemic. He served alongside fellow Democrat Carl W. Bauer, who represented St. Mary and St. Martin parishes. I know the f--- out of that bitch, Davis told Hardy. "I also don't believe that you, Paul 'Cool' Hardy, are mentally retarded. His teaching and research are focused primarily on twentieth-century American urban development, infrastructure, and environmental politics. Pursuant to Robinson, our binding precedent, failure to present the FDPA elements to the grand jury for consideration in its charging decision, but nevertheless seeking the death penalty, was constitutional error. Please try again. All tickets are 100% guaranteed. Paul Jude Hardy (born October 18, 1942) is an American attorney from Baton Rouge, in the U.S. state of Louisiana, who was the first Republican to have been elected lieutenant governor of the U.S. state of Louisiana since Reconstruction. Shop Now FEB 12. In 1985, Hardy had assisted local entrepreneurs in the production of the full-length feature film of the Cajun movie Belizaire the Cajun which was filmed in at Acadian Village in Lafayette. ", She paused for a few deep breaths, then said she prays that the law never allows Hardy or Len Davis "to walk free on the streets again.". Davis, whose sentence is under appeal, remains one of 60 inmates on federal death row. 3592(c). For the penalty to be imposed, the petit jury must be presented with, and must find beyond a reasonable doubt, the FDPA elements. For the unique procedural posture of this case, and contrary to the parties' positions, constitutional error arising out of the FDPA elements' not being in the indictment attached prior to sentencing. The district court effectively removed a discrete basis of criminal liability.). Both Davis and HARDY were tried for civil rights murder in April and May of 1996, and the jury convicted them and recommended the death sentence for both. Groves had filed a complaint against former New Orleans Police Officer Len Davis with the then-Internal Affairs Division of the New Orleans Police Department. They never asserted pre-trial, however, that the indictment gave them insufficient notice of the charges. 5. Most recently, Ring, 536 U.S. at 609, 122 S.Ct. Hardy hence lost a general election slot by some 56,000 votes. In January 2008, Hardy had the opportunity . Paul Cool Hardy, the reputed drug dealer who executed a woman at the request of former New Orleans police officer Len Davis, has been removed from federal death row after a federal judge determined he was mentally retarded. The Hardy brothers travel to London, England in search of their missing father and stumble onto a crime wave culminating in the robbery of the century. U.S. District Judge Ginger Berrigan, who sentenced Hardy and Davis to death after their trial in 1996, found that Hardy is not eligible for death under a 2002 Supreme Court ruling prohibiting the execution of the mentally disabled. Take the Official Jazz Fest Express; Jan 01, 2023. Groves, then 32, had filed a police brutality complaint against Hardy's cohort, Davis, a veteran cop who ran a drug racket with police colleagues. Affairs Division of the indictment is not deficient if read with maximum liberality notice of the Orleans! 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