18 U.S.C. They kept up a Thus, the remaining witnesses' testimony at the May 2001 hearing was consistent with Williams's that there was no plea agreement in place when Williams testified in 1996. About 45 minutes later, Davis called Hardy again to complain that Hardy had not killed Groves yet, and described Groves's clothing and location in detail. Planning means mentally formulating a method for doing something or achieving some end. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. He calls Davis. 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. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. 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 district court replied that she had two fundamental problems with the motion. 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. Accordingly, the prosecutor's testifying, while improper, see Berger v. United States, 295 U.S. 78, 84 (1935), did not affect Davis's substantial rights. As Davis acknowledges, we addressed this issue in response to the Government's previous appeals from a district court ruling. Based on its consideration of the aggravating and mitigating factors, the jury decides unanimously whether the defendant shall be sentenced to death, to life imprisonment without possibility of release, or some other lesser sentence. More top cops with the New Orleans Police Department are said to be leaving. Mark Mottola. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. Such a pattern of behavior could easily translate to a penitentiary. Factor G. on the verdict form, the catch-all factor, permitted the jury to consider whether [o]ther factors in Len Davis's background or character mitigate against imposition of a death sentence, thereby covering any factors that had been condensed. You only go to jail if you were the gunman. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. 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. [5] He had been suspended six times and received 20 complaints between 1987 and 1992 while subsequently receiving the department's Medal of Merit in 1993. Cf. 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. The description matched what Groves had on at the time of her murder. 2. He is incorrect. Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. FN14. 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. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. 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. . Sylvester, 143 F.3d at 928. Q. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. Id. Finally, the testimony's probative value in demonstrating Davis's propensity for violent acts outweighs the danger of prejudice. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. denied, 552 U.S. 1144 (2008). See Bernard, 299 F.3d at 482 (concluding that evidence of propensity for orchestrated criminal activity in prison permitted finding of future dangerousness). 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.). In other words, an issue of fact or law decided on appeal may not be reexamined either by the district court on remand or by the appellate court on a subsequent appeal. United States v. Williams, 517 F.3d 801, 806 (5th Cir.2008) (citation omitted); accord United States v. Cervantes-Blanco, 504 F.3d 576, 587 (5th Cir.2007); United States v. Becerra, 155 F.3d 740, 752 (5th Cir.1998), abrogated on other grounds as stated in United States v. Farias, 481 F.3d 289, 292 (5th Cir.2007). To do that, prosecutors will ask commanders whether they instructed their officers to be involved in such duties. at 1373. The Supreme Court denied certiorari. [10][11] Twenty additional New Orleans police officers were also implicated in the scheme but the investigation had to be aborted due to the murder of Kim Groves. 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. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. He gets a free pass. 3593(a). While we examine the Brady question de novo, we must proceed with deference to the factual findings underlying the district court's decision. United States v. Severns, 559 F.3d 274, 278 (5th Cir.2009). 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. 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)..FN2. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. The prosecutor then asked Williams: Q. Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. 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. "There were a number of other police officers who were ready and prepared to go forward with playing a role in protecting the cocaine in this undercover operation. The officers indicted Wednesday - Davis, Williams, Sgt. That shit ain't gonna fly, man. randi: a well-known high-ranking nopd officer is under investigation for her participation in paid off duty details. Davis asserts that the Government's evidence amounts to no more than him placing phone calls to protect Hardy's violent crimes or to recruit others in a drug conspiracy and not to actual acts of violence. 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. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. "The unsupervised, unregulated detail system practically encourages police officers to break the law, " Jordan said. Appointed in October, he acknowledged that he inherited a department riddled with corruption and vowed to weed out bad officers through aggressive internal investigations. WebLen Davis was a former New Orleans police officer who was sentenced to death for arranging the murder of a witness set to testify against him. Fields, 483 F.3d at 360. Davis's counsel objected to the argument because it alluded to facts outside the record. We're going to clean this department up.". Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. Cf. Moreover, the testimony of a single family member was not sufficient to render the trial unfair, relative to the overwhelming evidence against Davis. 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. The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. Jasmine Groves waits for you to give her justice. This qualification is necessary because for the jury the alternative to the death penalty will be an imposition of life imprisonment. 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.. Fields, 483 F.3d at 360. Defendant-appellant Len Davis appeals his 1996 conviction and 2005 death sentence imposed pursuant to the Federal Death Penalty Act (FDPA), 18 U.S.C. I said, Paul, Paul Hardy? Davis argues that though Apprendi and Ring forbid treating the death resulting requirement as a sentencing factor, treating it as an element of the indictment amounts to a judicial rewriting of the underlying criminal statutes, in violation of the Separation of Powers doctrine and the constitutional prohibition on ex post facto laws. 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. On cross-examination, Williams reiterated that he did not have an agreement with the Government. [21], Causey was convicted of federal conspiracy charges and violating Groves' civil rights. 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. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. "The police officers did the same, and this was captured on videotape.". 241; (2) depriving Groves of her civil rights by use of excessive force by shooting her with a firearm, resulting in death, in violation of 18 U.S.C. [13], In October 2022, three men wrongfully convicted of murder, based on false testimony from Davis, were released after 28 years of incarceration. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. In his sixth claim, Davis argues that the district court abused its discretion in instructing the jury on the substantial planning and premeditation aggravating factor under 18 U.S.C. 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. 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. Here, the proposed instruction for a considerable or large amount of planning is substantively covered in the final jury charge, where substantial planning is defined as requiring a considerable amount of planning preceding the killing. As for the definition of substantial premeditation, there is no reasonable likelihood that the jury would have applied the instruction in a way that prevented consideration of evidence. United States v. Davis, 912 F.Supp. We're going to be in a holy war. The court then charged the jury that they must decide whether Davis posed a threat of future dangerousness to the lives and safety of other persons while imprisoned. (emphasis added). 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. And I want you to listen to what I'm saying. Gallagher said he was particularly concerned with the possibility of danger to undercover agents. Well, you know because you hear confirmation or corroboration of his testimony during the conversation between the defendant and his drug dealing, murdering friend, Paul Hardy, on Government's Exhibit LD-9.8. Millsaps, 157 F.3d at 993 ([J]uries are presumed to follow their instructions.); see also Flores, 63 F.3d at 1374-75 (no abuse of discretion in tendering verdict form with ambiguous standard of proof to jury where the district court repeatedly instructed the jury as to the proper standard). We therefore will not reverse Davis's sentence on this ground. Don't let him. If you have a question, ask him a question. 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. See Williams, 517 F.3d at 806; McCrimmon, 443 F.3d at 461-62. Defense counsel offered correction to a typo but no substantive objections. We presume that the jury follows their instructions. ), cert denied, 546 U.S. 828 (2005)). WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. And it was an insult on our entire criminal justice system.. Id. [20] The witness tampering conviction would be later overturned. 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.). Sinisterra is distinguishable from the facts here, where the prosecution did not urge the jury to send a message to other criminals. 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). Davis and Williams then drove to Groves's neighborhood in their NOPD patrol car and searched for her. In addition, the court's instructions regarding consideration of mitigation evidence ensured that the jurors considered the mitigation factors correctly. 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. And I want you to listen to what I'm saying. McCrimmon, 443 F.3d at 461-62. The first was purely procedural because Davis's convictions had been affirmed by this court on direct appeal. 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. EOW: Sunday, July 26, 2020. A refusal to give a requested instruction constitutes reversible error only if the proposed instruction (1) is substantially correct, (2) is not substantively covered in the jury charge, and (3) pertains to an important issue in the trial, such that failure to give it seriously impairs the presentation of an effective defense. Id. She testified that the request had been made [s]o it can be over and so Davis could spend the rest of his life thinking about what he did.10. August 17, 2012. Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. FN13. Davis does not and cannot argue that this issue falls within the exceptions to the law of the case doctrine; therefore, review is foreclosed. He won't be punished at all. The district court denied the motion on October 20, 2005, because the issues presented had been decided in numerous motions before Davis's re-sentencing. In police code, 30 is the signal for a homicide. See 18 U.S.C. The citizens of the City of New Orleans wait for you to give them justice. Our review of the record reflects that in Davis's interactions with associates like Hardy, Causey, and others, Davis gave directions, offered advice, and assisted in his associates' nefarious activities.3 His leadership role and ability to influence others-generally positive qualities-became deadly when exercised to further criminal activity. The government must also establish beyond a reasonable doubt that the killing was committed after substantial planning for you to find this factor proved. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. 5. Vuelos Alquileres de vacaciones . Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. Others who may be arrested include several officers from the 5th Police District, two from the 6th District, two from the 2nd District, one assigned to public housing and one from the juvenile division. How do you know if Sammie Williams is telling you the truth? In what comes as the latest disgrace to the already scandal-ridden Police Department, officer Len Davis, 30, is accused of conspiring with Paul "Cool" Hardy, 27, and Damon Causey, 24, in the murder of Kim Groves, 32, in the 1300 block of Alabo Street. Their salary at that time was $18,000 a year. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. at 433-44 (Dennis, J., concurring) (discussing arguments in support of conviction under 18 U.S.C. October 13th would see Officer Davis, in a police cruiser and in uniform, begin the hunt for Miss Groves with his partner Sammie Williams riding shotgun. FN10. 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. Police procedurals are stasis machines. Therefore, Davis suffered no prejudice. McDuffie, 542 F.2d at 241. First, we assess whether the prosecutor made an improper remark. Id. This apparently has been an ongoing issue. "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. You have permission to edit this article. 3592(c)(9)..FN15. Very bad. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. 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. Given the severity of the penalty in this case, we will review the claims separately..FN11. WebNightwatch: With Holly Monteleone, Titus Tero, Keeley Williams, Dan Flynn. Davis was initially sentenced to death on April 26, 1996. Davis argues that this line of cross-examination implied that he and Hardy were responsible for the crime in the Fifth District. You don't get charged with that kinda stupid shit over here. However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. Stay up-to-date with how the law affects your life. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. 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 At that point, a decision was made not to let Davis and the other two suspects remain on the street. 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