Huh? Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The testimony and wiretap excerpts from Operation Shattered Shield revealed that Davis's sole motivation for ordering Groves killed was the complaint she filed against him. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. 241 and 242. 1999)", "Three Louisiana men freed after 28 years in prison for wrongful murder convictions", "New Orleans wrongfully convicted men crime Len Davis now free", "Houma man freed after 32 years in prison for murder advocates say he did not commit", James Gill: Spinning their wheels on death row, Federal judge recuses herself from ex-cop Len Davis case, New Orleans Breaking News, Today's News | WWL Radio, 24 Years After New Orleans Officer Had Her Killed, Kim Groves' Children to Receive $1.5M Settlement, https://en.wikipedia.org/w/index.php?title=Len_Davis&oldid=1137864030, American police officers convicted of murder, Prisoners sentenced to death by the United States federal government, People convicted of murder by the United States federal government, People convicted of depriving others of their civil rights, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 6 February 2023, at 20:56. 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. In December 1994, the Government filed a one-count federal indictment against Davis, Hardy, and Causey, followed by a three-count superseding indictment and a second superseding indictment. Explore. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. 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. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. Has the government-have I or any government attorney promised you anything? 938, 947 (E.D.La.1996). Q. 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). See Skipper v. South Carolina, 476 U.S. 1, 7 n.2 (1986). The government must also establish beyond a reasonable doubt that the killing was committed after substantial planning for you to find this factor proved. FN8. 3593(c). Because Davis did not object to the first four categories of comments in the prosecutor's closing argument, we apply only plain error review. Then, the prosecutor asked Williams about his sentence, which was still pending at the time of his testimony: Q. 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). ", "We were concerned that he may engage in acts of violence. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. How do you know if Sammie Williams is telling you the truth? 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. 938, 947 (E.D.La.1996). Although Len Davis can distinguish right from wrong and deserves to be held accountable for his actions, his behavior was negatively impacted by being shot in the stomach while coming to the assistance of fellow officers. 2783 (2009). ; 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). Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. 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. That shit ain't gonna fly, man. FN17. It was a crime that shook New Orleans to its core - 20 years ago Wednesday. Senior Police Officer Sharon M. Williams. He said, Yeah. 3592(c)(9). This court has recognized three exceptions to the law-of-the- case doctrine. [PROSECUTOR]: I am asking him if he would be surprised at that. See 18 U.S.C. Williams, Davis's partner in 1994, also testified that Davis recruited other police officers to guard warehouses of drugs and to escort drug couriers in their deliveries, and that Davis paid the recruits from money received from the undercover FBI agent. Causey v. United States, 530 U.S. 1277 (2000)..FN16. FN6. "We put everyone on notice today. Here, each of the seven mitigating factors derived from the fact-specific individual factors proposed by the defense. FN2. They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. 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. 4. In his view, the convictions violate double jeopardy, and one of them must be struck. Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. In April 1996, Davis and his co-defendants were tried jointly before a jury. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. The special interrogatory on the verdict forms, however, asked whether he posed a threat of future dangerousness to the lives and safety of other persons in prison. (emphasis added). Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. Thereafter, Davis refused to return to the courtroom for the second stage of the re-sentencing, but permitted his back-up counsel to proceed in his absence. FN8. 51 (2009); Causey, 185 F.3d at 418. Id. Is that just? Similarly, the court instructed the jury that: [t]he law permits you to consider anything about the commission of the crime or about Mr. Davis' background or character that would mitigate against the imposition of the death penalty. And he made the statement, well, Dunc, you just don't understand the game. FN19. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Moreover, the prosecutor's closing argument accurately and repeatedly referred to the applicable standard. [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. As part of the probe, Police Superintendent Richard Pennington Monday called more than 50 police officers, including commanders, to the Municipal Training Academy. Vuelos Alquileres de vacaciones Id. In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. "The police officers did the same, and this was captured on videotape.". Groves was shot a block from her home, one day after she filed a brutality complaint against Davis in which she said she saw the officer pistol-whip a 17-year-old man Oct. 11. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. 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. FN7. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. The district court had previously severed Davis and Hardy's re-sentencing hearings. 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. During that jury selection, the prosecution used peremptory challenges to remove nine of ten African-American women and two of four African-American men from the pool of qualified jurors from which the 12-member jury was selected. 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. Given the severity of the penalty in this case, we will review the claims separately..FN11. The rule announced in these cases simply made clear that the death resulting component of 241 and 242 must be alleged in the indictment and found by the jury beyond a reasonable doubt. 2. No products in the cart. United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). The citizens of the City of New Orleans wait for you to give them justice. Williams has not been charged, but he is expected to be arrested this week, sources said. Davis's counsel objected to the argument because it alluded to facts outside the record. denied, 544 U.S. 1034 (2005). FN11. New Orleans Police Department, LA EOW: Tuesday, October 10, 1893 Cause of Death: Gunfire Patrolman John H. Keller New Orleans Police Department, LA EOW: Sunday, November 18, 1894 Cause of Death: Gunfire Patrolman John Teen New Orleans Police Department, LA EOW: Monday, April 27, 1896 Cause of Death: Gunfire Patrolman Martin 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. THE COURT: [Prosecutor], you're testifying. 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. THE COURT: [Prosecutor], please stop testifying in your questions. On these facts, however, length of incarceration without violence is not dispositive to the issue of whether Davis is a threat of future dangerousness while imprisoned. 241), List of death row inmates in the United States, List of inmates at the United States Penitentiary, Terre Haute, List of killings by law enforcement officers in the United States prior to 2009, "Baumgartner Death Sentences 22 Sept 2019", "Len Davis sentenced to death for murder of Kim Groves", "Officer Len Davis, two others, charged in death of Kim Groves", "Law & Disorder - Timeline: NOPD's Long History of Scandal", "Len Davis convicted of running cocaine protection racket", "Len Davis, eight other New Orleans police officers, charged in drug sting", "9 New Orleans Police Officers Are Indicted in U.S. Drug Case", "A murder 20 years ago marked low point for NOPD", "City to pay $1.5M to Kim Groves' children, 24 years after NOPD officer had her killed", "Len Davis, triggerman convicted of capital murder in death of Kim Groves", "Ex-officer convicted for 1994 hit wants federal judge back", "FindLaw's United States Fifth Circuit case and opinions", "Murderous ex-cop has no fool for a client: An editorial", "Len Davis, Petitioner v. United States of America", "Hit man who killed Kim Groves in 1994 is sentenced to life in prison", "United States of America, Plaintiff-appellee, v. Damon Causey, Defendant-appellant.united States of America, Plaintiff-appellee, v. Paul Hardy, Also Known As P, Also Known As Cool; and Len Davis, Defendants-appellants, 185 F.3d 407 (5th Cir. Why wasnt Antoinette fired from the police department? Further, the testimony is reliable because both witnesses testified that they were familiar with Hardy's reputation from their own interactions with him and with Davis. The prosecutor's intent is not manifest if there is some other, equally plausible explanation for the remark. Grosz, 76 F.3d at 1326. The jury was already aware of the wiretap tapes in which Davis celebrated Groves's death, which suggested lack of remorse. 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. United States v. Johnston, 127 F.3d 380, 393 (5th Cir.1997) (prejudice mitigated by curative instruction and wiretap evidence to corroborate improperly solicited testimony in cross-examination). And it was an insult on our entire criminal justice system.. FN19. WebLen Davis had worked for the Fifth District with officer Sammy Williams and Paul Hardy as patrolmen. muerte de jenni rivera fotos; garden city, ks police beat; iberian physical characteristics; daily wire sponsors list; ashbourne college student portal; comfortmaker furnace filter location; uniqlo ceo email address; stfc warp range officers And justice can only be had by sentencing Len Davis to death. McDuffie, 542 F.2d at 241. And what does Davis, the defendant, do? During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. 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. 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. 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. Don't let that happen. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. [13], In October 2022, three men wrongfully convicted of murder, based on false testimony from Davis, were released after 28 years of incarceration. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Position: OT. Davis does not and cannot argue that this issue falls within the exceptions to the law of the case doctrine; therefore, review is foreclosed. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show substantial premeditation. 01-30656, 2001 WL 34712238, at *3 (5th Cir. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. 90, 111-112 (D.D.C.2000) ([W]hatever violent or criminal capabilities Cooer [sic] has outside the prison walls will have no probative value when [he] will spend the rest of his life in prison). This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Williams's sentencing judge was different from Davis's trial judge. 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. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. They [Davis and Hardy] are friends. Davis was among the officers involved in narcotics dealings, a federal complaint alleges. 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. When a defendant seeks a new trial on the basis of a Brady violation, he must show that (1) the prosecution did not disclose the evidence; (2) the evidence was favorable to the defense; and (3) the evidence was material. Fernandez, 559 F.3d at 319 (quoting United States v. Infante, 404 F.3d 376, 386 (5th Cir.2005)). Accordingly, the district court conducted a hearing at the second stage of the sentencing phase to determine whether Davis and Hardy should be sentenced to death or to life imprisonment without release. [2][3] He was convicted of depriving civil rights through murder by conspiring with an assassin to kill a local resident. 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. Michael Perlstein and Walt Philbin wrote this report. 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. The fact is so reprehensible it demands a sentence of death. Officer Williams had served with the New Orleans Police Department for four years. We examine his claims in turn. Would it surprise you if I said it was the Florida? Therefore, the law of the case doctrine applies to foreclose review in this appeal. 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. That investigation, Operation Shattered Shield, involved soliciting NOPD officers to guard what they thought was a warehouse holding illegal drugs for shipment. This briefing is insufficient for the purposes of Federal Rule of Appellate Procedure 28(a), and therefore the issue is deemed waived. [T]he government does not have a duty in every case to introduce the factual predicate for a potentially prejudicial question posed on cross-examination. United States v. Jungles, 903 F.2d 468, 478 (7th Cir.1990). As the Government correctly notes, neither Apprendi nor Ring infringe on Congress's powers by creating new criminal offenses that did not previously exist. And he doesn't care, she said. At approximately 10:00 p.m., Davis and Williams spotted Groves near her home. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. "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. That shit ain't gonna fly, man. Anything significant that you're aware of as to the homicide rate, homicide number in 1994? 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). Similarly, here, there was ample evidence from which a jury could conclude that Hardy and his crew were involved in killing and that Davis counseled and protected their endeavors. 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