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). Therefore, it is not a relevant intervening change of law, and this issue does not fall within the exceptions to the law of the case doctrine. In 1995, Lacaze was convicted along with former NOPD officer Antoinette Frank of killing her partner Ronald Williams, and Ha Vu and Cuong Vu at the New Orleans East restaurant, Kim Anh Noodles. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. He won't be punished at all. Why wasnt Antoinette fired from the police department? Therefore, Davis suffered no prejudice. How dare he compare your dedication, your willingness to follow your sworn duty with the murderous rampage of Len Davis. ; see also id. [19] He was initially sentenced to death, but in 2011 his sentence was commuted to life when he was found by a judge to be intellectually disabled. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. The district court had previously severed Davis and Hardy's re-sentencing hearings. At the hearing on the motion in May 2005, Davis19 argued that Williams's trial testimony demonstrated discrepancies consistent with a Brady violation. 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. 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. 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. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. 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. Instead, we consider the evidence in a light most favorable to the Government. Want even more control of your Reflection? 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. To do that, prosecutors will ask commanders whether they instructed their officers to be involved in such duties. Causey, 185 F.3d at 413-16. Jasmine read the remarks from a letter she had written to Davis. Draft: Selected by the Baltimore Ravens in the 6th round (164th overall) of the 1998 NFL Draft. Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. 3591-3599. At the time he was planning the murder with Hardy and Causey, Davis was unaware that he was the target of an FBI undercover investigation into corruption in the NOPD. Contact us. That investigation, Operation Shattered Shield, involved soliciting NOPD officers to guard what they thought was a warehouse holding illegal drugs for shipment. Officer Len Davis, two others, charged in death of Kim Groves. Q. FN18. Special Agent Juan Jackson, the undercover FBI agent acting as a drug dealer, testified that Davis was a leader in what he thought was a major drug operation and increased his responsibilities in the operation in a few months' time span. No products in the cart. August 17, 2012. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. 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. In Davis's first appeal, we stated, the district court's decision on the ultimate question of discrimination is a fact finding, which is accorded great deference. Causey, 185 F.3d at 413. He used his position and the NOPDs resources to orchestrate On October 10, 1994, Kim Groves witnessed an NOPD police officer pistol-whipping her nephew. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). As to the fifth type of remark to which Davis objected, in which the prosecutor characterized him as a cold-blooded killer, the district court did not abuse its discretion in overruling the objection. 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 prosecutor also stated:Do not confuse mercy with weakness. We generally look to three factors in deciding whether any misconduct casts serious doubt on the verdict: (1) the magnitude of the prejudicial effect of the prosecutor's remarks, (2) the efficacy of any cautionary instruction by the judge, and (3) the strength of the evidence supporting the conviction. Id. In his third claim, Davis alleges that the prosecution engaged in misconduct by (1) introducing evidence about his and Hardy's involvement in violence; (2) improperly cross-examining his defense expert; and (3) presenting arguments to the jury about Davis's and Hardy's involvement in violence, in violation of his due process rights. See 18 U.S.C. At the May 2001 hearing on Davis's Brady motion, Williams reiterated under oath that he did not have an agreement. [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). In connection with this investigation, the FBI conducted surveillance and recorded cellular telephone conversations of Davis and other NOPD officers. Is that just? See United States v. Cooper, 91 F.Supp. 5K1 in which the Government informs the sentencing judge of a witness's cooperation. The FBI agents who testified at the same hearing stated that they assumed Williams had an agreement, and indicated as such in their summaries of interviews with him after his arrest. 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. Causey v. United States, 530 U.S. 1277 (2000). 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. The weighing is not numeric; the perceived significance, not the number, of aggravating and mitigating factors determines the decision. Jones, 527 U.S. at 408. On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. 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. Moreover, the jury had already heard wiretap excerpts of Davis and Hardy discussing Hardy's war with Poonie, demonstrating that Davis was aware of Poonie's and Hardy's rivalry. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. Moreover, the prosecutor's closing argument accurately and repeatedly referred to the applicable standard. 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. Specifically, Davis argues that Miller-El v. Dretke, 544 U.S. 231 (2005) and Snyder v. Louisiana, 552 US. Five of the victims were men, but some of them were reportedly transgender. 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. In a pre-trial filing, Davis moved to strike this aggravating factor. Fields, 483 F.3d at 360. Fourth, in rebuttal closing summation, the prosecutor repeatedly described Davis as evil and described defense counsel as follows: Counsel talked to you in the beginning of his closing argument about killing. For all of the caution exercised by Davis and the other suspects, the officers sometimes acted with a bravado that shocked federal authorities. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. Copyright 2023, Thomson Reuters. Our review of the record comports with Davis's contention, because there is no evidence that the district court judge notified the parties before answering the jury's question. at 587. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. At times, he said, the lives of undercover agents posing as drug traffickers were in danger. Pennington, appointed in October, was briefed about the probe in November, the sources said. Government Exhibit LD-9 is the wiretap excerpt of a conversation between Hardy and Davis the evening of October 13, 1994, when Davis first mentions his desire for Hardy to kill Groves. 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. According to Council President, Helena Moreno, its not about the pay. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. Senior Police Officer Sharon M. Williams. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. 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. See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. Is that just? Davis did not appeal this ruling. Accordingly, this court's review of this claim is foreclosed. 416 F.3d at 439 (internal citations omitted). Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. Davis argued this motion pro se with his back-up counsel present..FN19. Hardy, along with Causey and a driver, went to Groves's neighborhood. We vacated the district court's order, holding that failure to include the required elements was harmless constitutional error, and remanded for re-sentencing. He says many of the issues highlighted in the report were some of the same issues that confronted the department back when he was on the force. Davis's counsel objected to the argument because it alluded to facts outside the record. WebWilliams, who himself had been indicted on corruption charges, gave some insight into a police force awash with illegal drug money. Jordan, at a news conference with Gallagher and Police Superintendent Richard Pennington, said more indictments could follow in the coming weeks. In determining whether the jury instructions impermissibly limited consideration of mitigating evidence, an appellate court must ask whether there is a reasonable likelihood that the jurors understood the challenged instructions to preclude consideration of relevant mitigating evidence proffered by [the defendant]. Buchanan v. Angelone, 522 U.S. 269, 279 (1998) (quoting Boyde v. California, 494 U.S. 370, 386 (1990)). Don't let that happen. Now, you pleaded guilty just about a year ago. that they were contemplating ripping off the couriers. Who the fuck are you or Paul Hardy to decide who lives or die? All three defendants appealed, citing numerous points of error individually and collectively. Improper comments by the prosecutor may constitute reversible error when the defendant's right to a fair trial is substantially affected. We're going to clean this department up.". Substantial planning requires a considerable amount of planning preceding the killing. This court has recognized three exceptions to the law-of-the- case doctrine. The document also showed the percentage change for the two years. See Cervantes-Blanco, 504 F.3d at 587 (Even if we were to reconsider Cervantes's objection, there has been no change in Supreme Court or circuit law that would permit us to reverse the district court.); United States v. McCrimmon, 443 F.3d 454, 461-62 (5th Cir.2006). ), cert. Frank was just 23, and had initially been denied a all 80 Reflections, Reflections Terms of Use (revised 5/31/2012), View, edit or delete any Reflection you've left in the past. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. 3595(c)(2). 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. ), cert denied, 546 U.S. 828 (2005)). Has the government-have I or any government attorney promised you anything? 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. Causey, 185 F.3d at 413-16; see also id. 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. Thus, there is no reasonable likelihood that the jurors understood the challenged instructions to preclude consideration of relevant mitigating evidence. Buchanan, 522 U.S. at 279. [24] Davis has been linked to that murder as well. Then, the prosecutor asked Williams about his sentence, which was still pending at the time of his testimony: Q. 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! We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. 3593(e). In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. How much investigating did you do, Dr. Streed, apart from the sheer and the bare numbers of the crime stats of 1994; I mean, did you compare things with '95? Rest in peace hero. See 18 U.S.C. 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. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. Davis's substantial rights were not affected such that a reversal of his sentences is warranted. 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. 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. A Giglio violation usually occurs when a cooperating witness denies having a plea agreement and the prosecutor fails to correct the misstatement. United States v. Williams, 343 F.3d 423, 439 (5th Cir. Don't let that happen. You examined as well as Mr. Davis' personnel file, crime statistics for New Orleans for the year 1994, did you not? He won't be punished at all. As part of the probe, Police Superintendent Richard Pennington Monday called more than 50 police officers, including commanders, to the Municipal Training Academy. Evidence is material if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Severns, 559 F.3d at 278 (citation omitted). You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. The description matched what Groves had on at the time of her murder. Q. Did you research that, Dr. Streed? And justice can only be had by sentencing Len Davis to death. Anything significant that you're aware of as to the homicide rate, homicide number in 1994? Further, a violation of Section 241 or 242 that results in death still carries a maximum sentence of life imprisonment or death-the same penalty that existed before Apprendi and Ring were decided. How do you know if Sammie Williams is telling you the truth? On the day of Groves' murder, he and Davis The parties contest whether the district court judge notified trial counsel before responding to the jury's question. Q. Miller-El, 545 U.S. at 251-52. Notwithstanding our binding precedent, Davis asserts that the Supreme Court's ruling in United States v. Morrison, 529 U.S. 598 (2000) is intervening case law that brings the issue within the exception to the law of the case doctrine. at 1540. Id. 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. FN11. Id. Vuelos Alquileres de vacaciones Would it surprise you if I said it was the Florida? The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. When Hardy called Davis back almost immediately, Davis described Groves's appearance. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel..FN6. On cross-examination, Williams reiterated that he did not have an agreement with the Government. 1512(a)(1)(C) and 2. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? 9. The district court had previously severed Davis and Hardy's re-sentencing hearings. 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. Id. ; 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). Here, the Government's evidence supported the theory that Davis's modus operandi was to direct other persons to commit criminal acts and to inflict violence on other persons. As a result of this, we had to increase significantly the security of the FBI undercover agents.". Don't let him. Q. McCrimmon, 443 F.3d at 461-62. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. See United States v. Davis, No. Do not capitulate, be vigilant. 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.). 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. FN19. 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. Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. Do not capitulate, be vigilant. 8. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. That shit ain't gonna fly, man. Let's get back to why we're here. After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. 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. See 18 U.S.C. Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. WebView the profiles of people named Sammy Williams. As long as there have been cops in the Big Easy, there has been bad cops. 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). 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. Causey, 185 F.3d at 417 (citing United States v. Anchondo-Sandoval, 910 F.2d 1234, 1237 (5th Cir.1990)). 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. You only go to jail if you were the gunman. . Second, the prosecutor commented on the jurors' duty to return a death sentence, even if mitigation evidence is presented: You see, some crimes, some defendants deserve the death penalty. The defense introduced the crime statistics during direct examination to support the theory that Davis was a product of the violent atmosphere in which he worked, thus opening the door to the Government's questions on cross-examination. Q. 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. And it was an insult on our entire criminal justice system. 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 [driver of the getaway vehicle], Damon Causey. Cf. And the only way they can prove it, they gotta have you on tape and shit. FN13. A. Davis directs us to Sinisterra v. United States, 600 F.3d 900 (8th Cir.2010), in support of his claim. See United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010) (refusing to find plain error in light of divided legal authorities). On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. "I will not tolerate it, " Pennington said. Very bad. Streed described several incidents in which Davis had been assaulted or threatened with violence on the job, and his subsequent behavioral changes including alcohol use and increased internal-affairs complaints brought against him. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. 241 and 242). 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. Birthdate: December 14, 1974. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. Therefore, we affirm the jury's finding on the future dangerousness factor. 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