Specifically, we held that omission of the FDPA elements from the indictment was harmless error, and overruled the district court's findings to the contrary. 13. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Williams has not been charged, but he is expected to be arrested this week, sources said. In a pre-trial filing, Davis moved to strike this aggravating factor. See Coble v. Quarterman, 496 F.3d 430, 438 (5th Cir.2007) (rejecting ineffective assistance claim for failure to object to prosecutor's argument describing defendant as remorseless where evidence at trial showed that defendant made comments immediately after the murders that indicated his lack of remorse). 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. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. If not now, when? Jasmine Groves waits for you to give her justice. When I asked him who was that, because I'm thinking it was policemen that he was inviting over since he was having a cookout, I think he's inviting policemen over. In short, the government must prove the defendant killed Kim Groves only after substantially thinking the matter over and deciding to do it beforehand. See 18 U.S.C. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). McCrimmon, 443 F.3d at 461-62. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges..FN5. Jasmine Groves waits for you to give her justice. Third, the Government presented video surveillance from Operation Shattered Shield. Davis alleges eight points of error in the re-sentencing hearings. Davis thus was not prejudiced by the district court's error. Davis and Hardy were sentenced to death; Causey, to life imprisonment. McCrimmon, 443 F.3d at 461-62. FBI ballistics tests matched a 9 mm pistol found in Causey's bedroom to a bullet casing found at the scene of Groves' murder. 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 being shot at on numerous occasions. The FDPA provides that the Government may introduce as a non-statutory aggravating factor victim impact evidence including oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. 18 U.S.C. For if the defendant thinks of Kim Groves at all, it is only to ponder how he could have done this murder better. 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. The Court did not announce any new elements or criteria for determining a Batson claim, but rather simply made a final factual and evidentiary determination of that particular petitioner's Batson claim pursuant to the demanding but not insatiable standard set forth in [the relevant statutory provisions governing habeas review]. Other participants in one or more of the capital offenses who are equally or more culpable than Len Davis will not be punished by death, including, but not necessarily limited to, the following individuals: Sammie Williams, Steven Jackson, Damon Causey. Such a pattern of behavior could easily translate to a penitentiary. Why wasnt Antoinette fired from the police department? We rejected this claim in Davis's first appeal. Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. For all of the caution exercised by Davis and the other suspects, the officers sometimes acted with a bravado that shocked federal authorities. Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. Thus, if there are any such mitigating factors, whether or not specifically argued by defense counsel, but which are established by a preponderance of the evidence, you are free to consider them in your deliberations. "The police officers, not the FBI, brought in all of these bad, corrupt cops.". Do not capitulate, be vigilant. This prohibition covers issues decided both expressly and by necessary implication, and reflects the jurisprudential policy that once an issue is litigated and decided, that should be the end of the matter. United States v. Pineiro, 470 F.3d 200, 205 (5th Cir.2006) (citation and internal quotation marks omitted). You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. Stated another way, evidence of Davis's past dangerousness is not negated by non-violent conduct in prison during a time when he is on display while the appeal of his death sentence is pending. Q. 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. Here, the remark was not directed to facts outside the record or unrelated to the evidence introduced at trial. Jackson, 549 F.3d at 974-75 (testimony); Causey, 185 F.3d at 418-19 (arguments). Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. This argument is also unavailing. FN10. Moreover, the general line of questioning-though not the form-was appropriate given the topics introduced in direct examination. FN8. 3592(c)(9)..FN15. "The police officers did the same, and this was captured on videotape.". Oh, sure, they look like theyre moving. Hardy replied he was on [his] way. Williams's shift ended at that point, and he left Davis with the patrol car. Accordingly, this court's review of this claim is foreclosed. WebSelling Travel and Tours in an Easy Way! Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. Police Officer Ronald A. Williams, II, New Orleans Police Authorities were targeting as many as 20 additional cops when the undercover investigation ended. 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. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. 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. Courts have divided on the question of whether such an argument is permissible. FN13. Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. We're not going to tolerate it, " Morial said. He is correct that evidence suggesting that he had been a well-behaved and disciplined prisoner is highly relevant to the jury's sentencing determination. 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. United States v. Davis, 380 F.3d 821, 829-30 (5th Cir.2004), reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. At about 9:45 p.m., Davis called Hardy to complain; Hardy assured him that the murder would get done. Former New Orleans resident. See 18 U.S.C. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Causey, 185 F.3d at 419. He won't be punished at all. Officer Len Davis, two others, charged in death of Kim Groves. On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. Count One-Part B states: in prison. On Pg 9-Issues to be decided states: while imprisoned., The district court judge responded in writing: I apologize for the different terminology. 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. A rookie New Orleans police officer is forced to balance her identity as a black woman after she witnesses two corrupt cops committing murder. WebCops 1 season Reality 2017 English audio TV-PG Buy Featuring police officers, constables and sheriff's deputies patrolling streets for car thieves, drug pushers, sex-trade workers, Or maybe they didn't do anything.". The officers indicted Wednesday - Davis, Williams, Sgt. Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. The very first thing he does is call a murderer and dope dealer called Paul Hardy. FN9. WebIn addition to murder, Davis, his partner Sammie Williams and more than 20 other officers were convicted of extorting bribes and offering protection to a drug dealer. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. The conversations simply did not alert us to what would occur. Williams see [sic] a homicide and what does he do? Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? That dealer turned out to be a federal informant. Examples of the remarks include:He prayed [sic] on a community, this community, New Orleans, Louisiana, in the Eastern District of Louisiana that desperately needed, still needs protection from the likes of Len Davis.If you want to shed a tear, shed a tear for the city of New Orleans. The district court sentenced Davis to death on October 27, 2005. Therefore, we hold as a matter of law that the district court committed error when it failed to notify the parties before responding to the jury. Maybe there wasn't enough evidence. Their salary at that time was $18,000 a year. Huh? And he said, man, Paul Hardy ain't never killed nobody that didn't deserve to die. She should have had her badge, gun and keys taken from her. Five of the victims were men, but some of them were reportedly transgender. We're going to be in a holy war. Davis has been in custody since Monday, when he was charged with ordering the murder of Kim Groves near her Alabo Street home. And the only way they can prove it, they gotta have you on tape and shit. That shit ain't gonna fly, man. 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. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. 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. Q. FN14. WebSammy Williams. However, [t]hat does not mean that the basis in fact must be proved as a fact before a good faith inquiry can be made. United States v. Nixon, 777 F.2d 958, 970 (5th Cir.1985). The prosecution stated:He's already serving life for the cocaine conviction. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is?. The other police officers were arrested Wednesday. [PROSECUTOR]: Back to coincidences now, your Honor. To do that, prosecutors will ask commanders whether they instructed their officers to be involved in such duties. Gallagher said he was particularly concerned with the possibility of danger to undercover agents. 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. 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. Under this or the plain error standard, Davis's claim fails. [13] Davis was tipped off about the complaint by another officer and then conspired with a local drug dealer, Paul Hardy, to kill Groves. Given the severity of the penalty in this case, we will review the claims separately. Therefore, we affirm the jury's finding on the future dangerousness factor. The jury selected the death penalty. The Brady/Giglio claim was correctly dismissed. The complaint alleges that Davis ordered the murder of Groves; Hardy carried it out; and Causey hid the murder weapon. Therefore, the prosecutor's remarks only argued the facts that the jury heard. Davis requested the murder because, on or about October 10, 1994, Groves witnessed Davis's police partner, Sammie Williams, pistol-whip her nephew, Nathan Norwood, who lived in the neighborhood. 18 U.S.C. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. In summation at the close of the selection phase, the prosecutor returned to Jasmine's testimony to argue the family's wishes: In simple and powerful words, she [Jasmine] told you that life was too good for the defendant and she told you why. 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. Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. 416 F.3d at 439 (internal citations omitted). Here, the prosecutor's improper statements do not rise to the level of plain error. 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. Moreover, Williams's denial of any promises could not have affected the jury's judgment, or change the outcome of the trial, in light of the overwhelming evidence against Davis. March 4, 2020. Davis, Hardy and Causey are charged with conspiring to violate the civil rights of Groves by killing her, a crime punishable by death. Defense counsel used these words after requesting permission from the district court to lead the witness. 3595(c)(2). We rejected Davis's Batson challenge in his first appeal. See 18 U.S.C. Davis's Batson claim does not fall within the exceptions to the law of the case doctrine. Before Davis's re-sentencing, the Government noticed, among other nonstatutory aggravating factors: Victim impact, evidenced by the fact that the murder of Kim Marie Groves has created harmful emotional distress upon her three children and other members of her family.9 This aggravator was later charged to the jury as: That the death of Ms. Groves created harmful emotional distress upon her daughter.. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. 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. Examples of the remarks include:He prayed [sic] on a community, this community, New Orleans, Louisiana, in the Eastern District of Louisiana that desperately needed, still needs protection from the likes of Len Davis.If you want to shed a tear, shed a tear for the city of New Orleans. At times, he said, the lives of undercover agents posing as drug traffickers were in danger. 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. Davis argued this motion pro se with his back-up counsel present. Davis stated that trial testimony from FBI personnel revealed that Williams was promised witness protection for himself and his family in exchange for his cooperation, and that the Government would consider filing the 5K letter for Williams. Specifically, Davis argues that Miller-El v. Dretke, 544 U.S. 231 (2005) and Snyder v. Louisiana, 552 US. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. 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 rebuttal summation, the prosecution also argued that, The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. According to this argument, the surveillance recordings showed Davis as an unrepentant, narcissist killer who is willing to unleash people like Paul Hardy on the citizens of New Orleans and anybody who dared, had the audacity to dare to stand up to Len Davis. The prosecutor also stated that Davis was a police officer who routinely not only protected drug dealers and murderers but also actively counseled them on how and when to commit murder and mayhem. The prosecutor told jurors that Davis deserved no mercy, because he had misused his position as a police officer not to protect and serve the citizens of the community, but to terrorize them and to victimize them. The prosecutor argued, You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. And I want you to listen to what I'm saying. Williams was also ordered to pay $11,576 in restitution and Moore was sentenced to three years of supervised release. denied, 440 U.S. 972 (1979). The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. If the jury returns both findings, the proceeding moves to the second or selection phase. In the first, or eligibility phase of the proceeding, a jury must unanimously find beyond a reasonable doubt that: (1) the victim's death resulted from the defendant's intentional engagement in life-threatening activity; and (2) one or more of the aggravating factors proposed by the Government is present. 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. Other questions:subscriberservices@theadvocate.com. Davis did not appeal this ruling. Given the severity of the penalty in this case, we will review the claims separately. WebWilliams, who himself had been indicted on corruption charges, gave some insight into a police force awash with illegal drug money. Davis was initially sentenced to death on April 26, 1996. ; see also id. 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. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. Davis did not appeal this ruling..FN9. It is a cheap trick and he is attempting to manipulate you. 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. 3593 (listing burden of proof for mitigating factors). 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. Did you ask about the significance of numbers of homicides in the various projects? At the time of his death, Officer Williams seemed to be building a solid career. 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. It was a crime that shook New Orleans to its core - 20 years ago Wednesday. And I want you to listen to what I'm saying. As the district court held, victim-impact evidence has been upheld as constitutional. Huh? He won't be punished at all. They kept up a 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. 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. A third man, Damon Causey, hid the murder weapon, a 9mm pistol. Causey, 185 F.3d at 417 (citing United States v. Anchondo-Sandoval, 910 F.2d 1234, 1237 (5th Cir.1990)). Most of the targeted officers were hired in the late 1980s, two sources said. And he doesn't care, she said. The government must also establish beyond a reasonable doubt that the killing was committed after substantial planning for you to find this factor proved. FN11. 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. . [19], Hardy was convicted of conspiracy to violate Groves' civil rights and of witness tampering. The Fifth Amendment prohibits a prosecutor from commenting on a defendant's failure to testify, Griffin v. California, 380 U.S. 609, 615 (1965), if the prosecutor's manifest intent in making the remark must have been to comment on the defendant's silence, or the character of the remark must have been such that the jury would naturally and necessarily construe it as a comment on the defendant's silence. Jackson v. Johnson, 194 F.3d 641, 652 (5th Cir.1999) (citing United States v. Grosz, 76 F.3d 1318, 1326 (5th Cir.1996)). I also read that the thug was asking for a new trial. 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. However, they also stated that they had never been told by Williams or by government attorneys that Williams actually had a plea agreement. 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. 18 U.S.C. In his second claim, Davis argues that the district court committed reversible error when it provided an ex parte response to a jury question during deliberations. Although the trial court failed to find a prima facie case of discrimination, it asked the prosecution to provide reasons for the strikes and, following the government's proffer and the defense's response, overruled the Batson challenges. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. 3592(c)(9).15. WebLen Davis had worked for the Fifth District with officer Sammy Williams and Paul Hardy as patrolmen. The citizens of the City of New Orleans wait for you to give them justice. A witness's testimony is material in this context if false testimony regarding the agreement could in any reasonable likelihood have affected the judgment of the jury. Giglio, 405 U.S. at 154 (internal quotation marks omitted). 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. He calls Davis. 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. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. The Government appealed. Kim Marie Groves was murdered on October 13, 1994 in New Orleans, Louisiana, through the coordinated efforts of Davis and his co-conspirators Paul Hardy and Damon Causey. Contrary to Davis's assertions, Morrison did not change the standard for determining whether conduct qualifies as state action, which here is synonymous with action under color of law. Rather, Morrison addressed Congress's constitutional authority to prohibit purely private conduct that does not qualify as state action or action under color of law. 3592(c)(9). 3593(e). Photo/Video will be published upon admin review and approval. At the conclusion of the hearing, the court agreed with the prosecutor that new information could be brought out at re-sentencing if Williams testified. Is that just? The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996..FN1. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. 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. 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 unsupervised, unregulated detail system practically encourages police officers to break the law, " Jordan said. denied, 528 U.S. 829 (1999). Start a rewarding career. 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. The citizens of the case, 888 F.2d 24, 28 ( 5th Cir.1990 ) ) Google Policy! 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