Williams's sentencing judge was different from Davis's trial judge. If you have a question, ask him a question. 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. Davis arranged to meet Hardy and Causey at the police station to view photos of homicide cases. 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). In his view, the convictions violate double jeopardy, and one of them must be struck. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. 20 years ago: Restaurant killings, officer's arrest rocked city, NOPD. Q. 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. The district court had previously severed Davis and Hardy's re-sentencing hearings. He won't be punished at all. The district court had previously severed Davis and Hardy's re-sentencing hearings. And it was an insult on our entire criminal justice system. 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). at 438-44 (discussing cases). 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.). 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. 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. 241 and 242 would not, as a practical matter, punish him for those offenses because he was already serving a life sentence on an earlier drug conspiracy offense.12 In rebuttal summation, the prosecutor also stated: But more importantly, as [defense counsel] told you, if you don't sentence him to death, this murder is a freebie. Causey, 185 F.3d at 417 (citing United States v. Anchondo-Sandoval, 910 F.2d 1234, 1237 (5th Cir.1990)). Accordingly, this court's review of this claim is foreclosed. 241 and 242. A. First, as to the prosecutor's argument that a life sentence would not be adequate punishment because Davis was already serving a life sentence for drug offenses, we conclude that any failure by the district court to correct the remarks was not plain error. That dealer turned out to be a federal informant. FN8. After the killing was officially logged as a murder by police, Davis and Williams were overheard celebrating the murder with Hardy, they said. See United States v. Cooper, 91 F.Supp. Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. It was a crime that shook New Orleans to its core - 20 years ago Wednesday. Substantial planning requires a considerable amount of planning preceding the killing. However, admission of the evidence violates Davis's due process rights if it is so unduly prejudicial that it renders the trial fundamentally unfair. Bernard, 299 F.3d at 477 (citing Payne, 501 U.S. at 825). Director Jim McBride Writers Daniel Petrie Jr. (screenplay by) Jack Baran (screenplay) Jim McBride (screenplay) Stars Dennis Quaid Ellen Barkin Ned Beatty See production, box office & company info As a police officer, Len Davis intervened and persuaded a woman who was threatening to commit suicide and/or kill him and his partner to surrender her gun. [7][8] Davis had extorted protection money from a drug dealer who was an FBI informant. [20] The witness tampering conviction would be later overturned. Did you research that, Dr. Streed? If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? 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. See Williams, 517 F.3d at 806; McCrimmon, 443 F.3d at 461-62. 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). Q. He didn't have the decency to apologize. all 80 Reflections, Reflections Terms of Use (revised 5/31/2012), View, edit or delete any Reflection you've left in the past. Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. The district court had previously severed Davis and Hardy's re-sentencing hearings. 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. A third man, Damon Causey, hid the murder weapon, a 9mm pistol. 3595(c)(2). On cross-examination, Williams reiterated that he did not have an agreement with the Government. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. She was seen driving around in her patrol care on duty with that thug many times and even allowed him to drive her patrol car. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. 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. 5. As a result of this, we had to increase significantly the security of the FBI undercover agents.". If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? Defense counsel did not object to any of the prosecutor's questions. In Mitchell v. United States, 526 U.S. 314 (1999), the Supreme Court held that a sentencing court may not draw an adverse inference from a defendant's silence in determining the facts of the offense because to do so impose[s] an impermissible burden on the exercise of the constitutional right against compelled self-incrimination. Id. Sammie Williams is equally or more culpable than Len Davis and he will not be punished by death. Davis was initially sentenced to death on April 26, 1996. Williams, 517 F.3d at 806. You don't get charged with that kinda stupid shit over here. In short, the government must prove beyond a reasonable doubt that the defendant killed Kim Groves while acting under color of law only after thinking the matter over and deliberating whether to act. In April, the officers agreed to protect a drug shipment, then stunned an agent posing as a big-time cocaine dealer by showing up in uniform, Gallagher said. There was a good-faith factual basis for the questioning, because Williams had already testified that Poonie was a dealer in the Florida project who was one of Hardy's enemies. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. A. FN12. The factor states, in relevant part, The defendant committed the offense after substantial planning and premeditation to cause the death of a person. 18 U.S.C. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. 2. WebLatest on OT Sammy Williams including news, stats, videos, highlights and more on NFL.com Police procedurals are stasis machines. 2010). at 423. . 4. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. 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. And officers in the New Orleans Police Department have always been familiar with its cultural corruption. Planning means mentally formulating a method for doing something or achieving some end. The prosecution stated:He's already serving life for the cocaine conviction. His wife and children are in our thoughts. THE COURT: [Prosecutor], please try not to testify and give information. As part of the probe, Police Superintendent Richard Pennington Monday called more than 50 police officers, including commanders, to the Municipal Training Academy. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. 51 (2009); Causey, 185 F.3d at 418. When Hardy called Davis back almost immediately, Davis described Groves's appearance. Join Facebook to connect with Sammy Williams and others you may know. that they were contemplating ripping off the couriers. (citing United States v. Mares, 402 F.3d 511, 515 (5th Cir. When a police officer murders a citizen in cold blood in retaliation for making a complaint against him, it always deserves the death penalty, period, without exception.13, Third, the prosecutor referred to the effects of Davis's actions on the broader community.14 The prosecutor also told jurors that they speak for [Kim Groves], asked jurors to return a death sentence for every tear that Jasmine Groves cried, and urged that Jasmine Groves waits for you to give her justice.. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. 3593(c), (d). For if not him, who? He calls Davis. 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. The district court replied that she had two fundamental problems with the motion. "In September, a disturbing development occurred, " Gallagher said. 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. 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). Follow the men and women who keep the citizens of New Orleans safe during the night. In other words, a mitigating factor may be considered in the jury's weighing process if any one juror finds the factor proved by a preponderance. Jones, 527 U.S. at 408. denied, 440 U.S. 972 (1979). Now, you pleaded guilty just about a year ago. Sinisterra is distinguishable from the facts here, where the prosecution did not urge the jury to send a message to other criminals. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. United States v. Davis, 912 F.Supp. 18 U.S.C. You don't get charged with that kinda stupid shit over here. [13] Davis was tipped off about the complaint by another officer and then conspired with a local drug dealer, Paul Hardy, to kill Groves. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show substantial premeditation. As Davis acknowledges, we addressed this issue in response to the Government's previous appeals from a district court ruling. 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 argues that his constitutional privilege against self-incrimination was violated by the italicized remarks, which highlighted his silence (particularly because he was absent from the proceedings). FN15. At the close of the selection phase hearing, the district court charged the following aggravating factor to the jury: That Mr. Davis poses a threat of future dangerousness to the lives and safety of other persons while imprisoned. The jury unanimously found that the Government had proven this factor beyond a reasonable doubt. This briefing is insufficient for the purposes of Federal Rule of Appellate Procedure 28(a), and therefore the issue is deemed waived. Additionally, no exceptions to the law of the case doctrine apply. 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 Q. After it's done, go straight Uptown and call me." And justice can only be had by sentencing Len Davis to death. In his fourth claim, Davis complains that the victim-impact testimony and the prosecution's arguments related to that evidence were erroneous. 3593 (listing burden of proof for mitigating factors). Davis timely appealed. 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 See United States v. Davis, No. At the close of the selection phase, the district court invited objections from counsel regarding the jury instructions. See Flores, 63 F.3d at 1373-74. One of his contacts was Hardy, a man who was arrested but cleared in two previous New Orleans killings and is described in the complaint as the leader of a violent drug gang. His regular duty partner and her associate robbed the restaurant and fatally shot him. FN16. Davis and his partners took Because Davis did not object to the first four categories of comments in the prosecutor's closing argument, we apply only plain error review. More top cops with the New Orleans Police Department are said to be leaving. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. 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). The perpetrators, including Officer Williams' partner, were apprehended and sentenced to death for the murders. FN10. And the only way they can prove it, they gotta have you on tape and shit. Want even more control of your Reflection? Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. 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. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges..FN5. We rejected this claim in Davis's first appeal. See United States v. Davis, No. We AFFIRM. Williams also testified and corroborated much of the recorded conversations. at 1373. 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. 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)..FN17. FN19. Len Davis, eight other New Orleans police officers, charged in drug sting. We rejected Davis's Batson challenge in his first appeal. Don't let that happen. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. In the selection phase, Duncan's testimony was relevant to rebut Davis's mitigation evidence regarding residual doubt as to his innocence. Position: OT. 18 U.S.C. When asked by the prosecutor, What did Paul Hardy do?, Williams replied: He was known in the Florida project where he resided as a drug dealer and a killer. Davis, who conducted the cross-examination,6 and his back-up counsel did not object to these statements. 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. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him..FN7. Birthdate: December 14, 1974. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. The evidence included recorded telephone conversations between Davis and Hardy discussing Groves's complaint and the plan to shoot her. Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. Contact us. We examine his claims in turn. I also read that the thug was asking for a new trial. Create a free ODMP account now for these benefits: Create an account for more options, or use this form to leave a Reflection now. FN12. What do you hope to get out of your testimony? 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. (citations omitted). WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. [14] Hardy shot and killed her on October 14, 1994, less than one day after she filed the complaint. Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil . McDuffie, 542 F.2d at 241. The jury was already aware of the wiretap tapes in which Davis celebrated Groves's death, which suggested lack of remorse. Williams's sentencing judge was different from Davis's trial judge. Streed replied that he was not. You have permission to edit this article. Jasmine Groves waits for you to give her justice. Because there was no contemporaneous objection to the testimony, the line of cross-examination, or the prosecutor's arguments, we review each act of alleged misconduct for plain error. See United States v. Sipe, 388 F.3d 471, 478 (5th Cir.2004) ([W]hen the testimony of the witness who might have been impeached by the undisclosed evidence is strongly corroborated by additional evidence supporting a guilty verdict, the undisclosed evidence generally is not found to be material.). FN17. The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. The final list of factors included the following, in relevant part: A. "The unsupervised, unregulated detail system practically encourages police officers to break the law, " Jordan said. Pennington said he immediately suspended the nine officers. If not now, when? Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. She should have had her badge, gun and keys taken from her. They kept up a [PROSECUTOR]: Back to coincidences now, your Honor. 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: Davis: Yes! 242 and 2; and (3) willfully killing Groves to prevent her communications to a law enforcement officer regarding a possible federal crime, in violation of 18 U.S.C. Each faces up to life in prison, while Davis could face the death penalty in connection with Groves' murder. Finally, the testimony's probative value in demonstrating Davis's propensity for violent acts outweighs the danger of prejudice. Mark Mottola. FN9. It must, however, show that the defendant had a considerable period of time to become fully aware of what he intended to do and to think it over before he acted. That shit ain't gonna fly, man. Seven of the 27 bodies discovered between 1991 and 1995 in the New Orleans area were found in Destors jurisdiction. This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. 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. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 murder. 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. Here, each of the seven mitigating factors derived from the fact-specific individual factors proposed by the defense. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway Attorney Frank DeSalvo, who represents the Police Association of New Orleans, said Wednesday, "I just left three happy officers who didn't get indicted. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. 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. United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). ; see also United States v. Hillsman, 480 F.3d 333, 335-36 (5th Cir.2007); United States v. Hall, 152 F.3d 381, 406 (5th Cir.1998), abrogated on other grounds by United States v. Martinez-Salazar, 528 U.S. 305 (2000). Therefore, the defendant and the government may introduce any relevant information during the sentencing hearing limited by the caveat that such information be relevant, reliable, and its probative value must outweigh the danger of unfair prejudice. United States v. Jones, 132 F.3d 232, 241 (5th Cir.1998). Davis further argues that the jury may have been confused because while imprisoned implied the length of time Davis would be incarcerated (and possibly released), while in prison denotes the fact that he would be incarcerated (with no release). 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. Now, do you believe in coincidences, Dr. Streed? Caught in Operation Shattered Shield and convicted on drug-conspiracy charges.. FN5 factors derived the., 1237 ( 5th Cir.1990 ) ) his innocence 515 ( 5th Cir.1990 ).. Proven this factor beyond a reasonable doubt exceptions to the law and that takes courage.Certain,. Citing Payne, 501 U.S. at 408. denied, 440 U.S. 972 ( 1979 ) tackle the evils of indictment. City, NOPD on April 26, 1996 his view, the officers proceeded at! Problems with the police station to view photos of homicide cases 's trial judge 1 and 2 the. 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