Fifth, Davis claims that the Double Jeopardy Clause precludes his conviction for violating both 18 U.S.C. Davis argues that intervening case law has created a contrary decision of the applicable law such that the law of the case doctrine does not apply. Davis argued this motion pro se with his back-up counsel present. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. Photo/Video will be published upon admin review and approval. Davis alleges eight points of error in the re-sentencing hearings. Under either standard, Davis's claims fail. 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. The warehouse protection was run almost like a paid detail - a moonlighting job like the kind many officers hold - except the pay scale was much higher than the usual $15 an hour, authorities said. And what does Davis, the defendant, do? However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. 3592(c)(9). 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. And justice can only be had by sentencing Len Davis to death. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. After hearing the Government's and defense counsel's evidence, the jury returned a verdict recommending the death penalty, finding that the aggravating factors were proved beyond a reasonable doubt, that no mitigating factors were present, and that the aggravating factors sufficiently outweighed the mitigating factors to justify a death sentence. 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. WebA onetime New Orleans cop, Frank, now 48, was always going to go rogue. Here, each of the seven mitigating factors derived from the fact-specific individual factors proposed by the defense. To do that, prosecutors will ask commanders whether they instructed their officers to be involved in such duties. At various times, the police officers conducted counter-surveillance of the undercover agents. A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. Davis also challenges the prosecution's cross-examination of Dr. Thomas Streed, a former police officer and now an applied psychologist, during the second or selection phase of the re-sentencing hearing. 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). 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. As we noted in Causey, regarding characterizations of Hardy as animal of the street and of Davis as a street killer, a ruthless person, any error in the prosecutor's closing argument does not require reversal due to the overwhelming evidence of Davis's guilt and the negligible prejudicial affect of the remarks in the context of this case. Causey, 185 F.3d at 418; see also Fields, 483 F.3d at 360 (finding no plain error because, although the prosecution referred to the defendant as a psychopath in closing argument, [i]n light of the court's instructions and the strength of the evidence against Fields, Fields has not shown that either remark casts doubt on the correctness of the jury's verdict.). 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. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. The fact that Davis was not present during the selection phase when the prosecutor made the remarks, however, could have led the jury to believe that the Government was highlighting Davis's failure to apologize. So I don't think I can do anything about ordering a new trial on your guilt phase. When Davis reiterated his Brady claim, the court stated, But even if I were to get to the merits of your motion, I'm not persuaded that there's anything significant here that-significant enough that justifies a new trial.. 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. We examine his claims in turn. Do not capitulate, be vigilant. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. 241 and 242. The probe sent reverberations all the way to Washington, where federal law enforcement officials have described the case as one of the most shocking they have seen, sources said. "It tells us that corruption in the Police Department is pervasive, rampant and systemic.". ), cert denied, 546 U.S. 828 (2005)). At times, he said, the lives of undercover agents posing as drug traffickers were in danger. 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. Very bad. All three defendants appealed, citing numerous points of error individually and collectively. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. Planning means mentally formulating a method for doing something or achieving some end. "We were able to intercept some conversations among the police officers who were on the protection detail . 5K1 in which the Government informs the sentencing judge of a witness's cooperation. However, [w]e recognize that an error of this kind may, depending on the facts and circumstances of the case, be harmless. Id. Davis, Hardy and Causey are charged with conspiring to violate the civil rights of Groves by killing her, a crime punishable by death. Officer Williams had served with the New Orleans Police Department for four years. He is survived by his wife and two young children. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. Jasmine Groves waits for you to give her justice. On the day of Groves' murder, he and Davis See Causey, 185 F.3d at 418. 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. Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. at 330. For if not him, who? 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. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. See United States v. Davis, No. [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. In a conversation at 10:43 p.m., Davis is quoted as saying to Hardy: "I got the phone on and the radio. Given the severity of the penalty in this case, we will review the claims separately..FN11. How dare he compare your dedication, your willingness to follow your sworn duty with the murderous rampage of Len Davis. United States v. Davis, 912 F.Supp. As the Government correctly notes, neither Apprendi nor Ring infringe on Congress's powers by creating new criminal offenses that did not previously exist. Did you research that, Dr. Streed? Davis directs us to Sinisterra v. United States, 600 F.3d 900 (8th Cir.2010), in support of his claim. 8. 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. 552 U.S. at 484-85. Davis's substantial rights were not affected such that a reversal of his sentences is warranted. Davis did not appeal this ruling..FN9. Paul Demarest. WebIn addition to murder, Davis, his partner Sammie Williams and more than 20 other officers were convicted of extorting bribes and offering protection to a drug dealer. Davis has been suspended by the Police Department. 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. Miller-El, 545 U.S. at 251-52. On this Wikipedia the language links are at the top of the page across from the article title. United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. The New Orleans Police Department has been broken for some time, and this case shows just that, said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. March 4, 2020. The perpetrators, including Officer Williams' partner, were apprehended and sentenced to death for the murders. In April, when agents set up a drug warehouse at 420 Franklin Ave. and asked for around-the-clock police guards, Davis said he would have to "to bring in other officers to help, " Gallagher said. 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. We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". This apparently has been an ongoing issue. Accordingly, the law of the case doctrine precludes review of his claim in this appeal. [12] Kim Groves, a 32-year old local resident and mother of three young children, witnessed the assault and filed a complaint with the New Orleans Police Department. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. Jasmine read the remarks from a letter she had written to Davis. In the selection phase, Duncan's testimony was relevant to rebut Davis's mitigation evidence regarding residual doubt as to his innocence. In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. August 17, 2012. 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. We need not address the Government's argument that Davis waived this claim, because the claim was foreclosed when we affirmed Davis's convictions under Sections 241 and 242 in his first direct appeal. In the context of the prosecutor's summation and the evidence overall, therefore, Davis's rights were not affected by the isolated remark. [4], Davis was known in the community as "RoboCop" because of his large size and the "Desire terrorist" due to his aggressive policing style. "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. 3592(a); Jones, 527 U.S. at 408. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Davis became agitated as the evening progressed because Groves had not been killed yet. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. How do you know if Sammie Williams is telling you the truth? See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. In June 2005, the district court granted that part of Davis's motion which limited this factor to his threat of future dangerousness while he is in a penal institution. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. This is the account described in the documents: Shortly after Davis found out about the brutality complaint against him, he is quoted as muttering to himself as he dialed Hardy's beeper, "I can get P to come and do that whore now and then we can handle the 30." C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. Davis and his partners took 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. 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. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Prior to the August 2005 re-sentencing, and again after Jasmine's direct testimony, defense counsel obtained permission from the court to question her about a letter she and her family had sent to the United States Attorney General in June 2005. We're going to be in a holy war. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. FN4. Is that just? For example, when discussing Davis's plan of the murder, the prosecutor stated: Hardy's going to be the executioner and they're [Davis and Williams] are going to clean it up. FN12. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. First, we assess whether the prosecutor made an improper remark. Id. FN6. 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. FN4. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him..FN7. The Supreme Court denied certiorari. During the second or selection phase of Davis's re-sentencing hearing, the Government presented evidence to prove that Davis posed a threat of future dangerousness while imprisoned, a non-statutory aggravating factor. 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. EOW: Sunday, July 26, 2020. [9] Nine other police officers, including two who would later testify against Davis, were later indicted for being part of a criminal conspiracy with Davis. (internal citation omitted). 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. FN17. Their salary at that time was $18,000 a year. 3593(a). The court overruled Davis's objection to the instruction that, to prove premeditation, [t]here is no requirement that the government prove that the defendant deliberated for any particular period of time. The jury ultimately found this factor proven beyond a reasonable doubt for each of the two counts of conviction. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. The Fifth Circuit, however, reversed his death sentence when his conviction for witness tampering was thrown out. Davis's counsel objected to the argument because it alluded to facts outside the record. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996..FN1. She used her gun that she received from the department to kill all three people. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. Don't let that happen. Davis's arguments have no merit. The Fifth Amendment prohibits a prosecutor from commenting on a defendant's failure to testify, Griffin v. California, 380 U.S. 609, 615 (1965), if the prosecutor's manifest intent in making the remark must have been to comment on the defendant's silence, or the character of the remark must have been such that the jury would naturally and necessarily construe it as a comment on the defendant's silence. Jackson v. Johnson, 194 F.3d 641, 652 (5th Cir.1999) (citing United States v. Grosz, 76 F.3d 1318, 1326 (5th Cir.1996)). denied, 552 U.S. 1144 (2008). Now, do you believe in coincidences, Dr. Streed? Moreover, the general line of questioning-though not the form-was appropriate given the topics introduced in direct examination. Who the fuck are you or Paul Hardy to decide who lives or die? He didn't have the decency to apologize. In police code, 30 is the signal for a homicide. 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. The Government appealed. Review of this issue is foreclosed because Davis's conviction on both counts, based on sufficient evidence, was affirmed in his first appeal. Other participants in one or more of the capital offenses who are equally or more culpable than Len Davis will not be punished by death, including, but not necessarily limited to, the following individuals: Sammie Williams, Steven Jackson, Damon Causey. Next, after establishing that Streed was familiar with Causey and Hardy, the prosecutor asked if Streed was aware of a war between Hardy and Poonie, another drug dealer in the Florida housing project located in the Fifth District, in 1994. He is incorrect. The Eighth Circuit held that by urging the jury to impose a death sentence to send a message to other criminals, the prosecutor impinge[d] upon the jury's duty to make an individualized determination that death is the appropriate punishment for the defendant. 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. . Finally, Davis claims that the Supreme Court's decisions in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 584 (2002) resulted in an unconstitutional judicial rewriting of 18 U.S.C. You don't get charged with that kinda stupid shit over here. In a pre-trial filing, Davis moved to strike this aggravating factor. FN18. In a pre-trial filing, Davis moved to strike this aggravating factor. Senior Police Officer Sharon M. Williams. (citations omitted). Washington State Department of Corrections, WA. He is survived by his wife and two young children. 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). The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. On cross-examination, Williams reiterated that he did not have an agreement with the Government. Davis did not appeal this ruling. Upon conviction for a homicide, the FDPA provides for a separate, post-conviction penalty proceeding. To prove plain error, Davis must show (1) there was error, (2) the error was plain, (3) the error affected his substantial rights, and (4) the error seriously affected the fairness, integrity or public reputation of judicial proceedings. Jackson, 549 F.3d at 975.4. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. 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. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. It must, however, show that the defendant had enough time to become fully aware of what he intended to do and to substantially think it over before he acted. The nine officers indicted Wednesday were among 12 officers reassigned to desk jobs this week in the wake of the investigation. "I will not tolerate it, " Pennington said. 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. 51 (2009); Causey, 185 F.3d at 418. Moreover, there was not inappropriate disparagement of Davis or defense counsel. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. But the most reasonable reading of the district court's answer is that the jury should have considered Davis's threat of future dangerousness while imprisoned or in prison-i.e., that the terms are interchangeable, and the wording discrepancy was a clerical error. Davis was among the officers involved in narcotics dealings, a federal complaint alleges. FN1. 7. 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