Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. 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). You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. 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). Admission of the testimony is not sufficient to reverse Davis's sentence. 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. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. 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)). First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. Under the FDPA, information is admissible during the sentencing hearing regardless of its admissibility under the Federal Rules of Evidence, but may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. 18 U.S.C. 01-30656, 2001 WL 34712238, at *3 (5th Cir. [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. Williams see [sic] a homicide and what does he do? That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. 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. Finally, the prosecutor argued other facts, such as [t]he death penalty was an act [sic] for murderers like this and murderers like Len Davis. Start a rewarding career. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show substantial premeditation. 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. 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 You have permission to edit this article. Q. This court has recognized three exceptions to the law-of-the- case doctrine. denied, 530 U.S. 1277 (2000). 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. 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. The description matched what Groves had on at the time of her murder. In police code, 30 is the signal for a homicide. 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. Therefore, Davis suffered no prejudice. at 1540. Or maybe they didn't do anything.". Create a free ODMP account now for these benefits: Create an account for more options, or use this form to leave a Reflection now. And in Beardslee v. Woodford, 358 F.3d 560 (9th Cir.2004), the court found that the prosecutor's comments were impermissible under Griffin, but held that the error was harmless because the comments were not extensive and did not stress lack of remorse to the jury. However, [w]e recognize that an error of this kind may, depending on the facts and circumstances of the case, be harmless. Id. Q. See United States v. Davis, 609 F.3d 663, 670 (5th Cir. Several officers still await trial, including two facing murder charges. 12. See United States v. Cooper, 91 F.Supp. Paul Demarest. As a result of this, we had to increase significantly the security of the FBI undercover agents.". EOW: Sunday, July 26, 2020. The prosecutor also stated:Do not confuse mercy with weakness. 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. Any reason why you haven't been sentenced yet, to your knowledge? Id. If she had lost her job, then she would never had a chance to copy the key to the restraunt and been able to let herself in after they closed. The jury found that Davis and Hardy intentionally killed Groves after substantial planning and premeditation. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. The district court conducted an evidentiary hearing in May 2001, during which it heard testimony from Williams, his attorney, and the assistant U.S. attorney from whom Williams's attorney requested a plea agreement. 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. United States v. Davis, 380 F.3d 821, 829-30 (5th Cir.2004), reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. 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.). After the killing was officially logged as a murder by police, Davis and Williams were overheard celebrating the murder with Hardy, they said. [A] prior decision of this [C]ourt will be followed without reexamination unless (i) the evidence on a subsequent trial was substantially different, (ii) controlling authority has since made a contrary decision of the law applicable to such issues, or (iii) the decision was clearly erroneous and would work a manifest injustice. Williams, 517 F.3d at 806-07 (citations omitted); Becerra, 155 F.3d at 752-53. FN14. 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). However, the cases Davis cites in support of this argument are distinguishable. Gallagher said he was particularly concerned with the possibility of danger to undercover agents. 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. We rejected this claim in Davis's first appeal. 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. Show Transcript. Upon conviction for a homicide, the FDPA provides for a separate, post-conviction penalty proceeding. Hi - I'm a native of New Orleans now living in California. denied, 528 U.S. 829 (1999). WebA onetime New Orleans cop, Frank, now 48, was always going to go rogue. While the bell could not be unrung-i.e., the jury had already heard the prosecutor's testifying-the judge's sua sponte admonitions to the prosecutor alerted the jury to the improper nature of the remarks even without defense counsel's objections or a curative instruction. FN13. 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. The next day, Davis paged Hardy at about 5 p.m. 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. Larry Preston Williams Sr. was a police officer in New Orleans in the late 1960s and 1970s. Id. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. WebThe following defendants remain at large and are being sought by authorities: RONALD CHASTER JOHNSON, WILLIAM BARNES SHEARS, MARK RENE JAMES, DERRICK ALEXANDER, and MILTON BEVERLY. Well, I'm hoping the government informs the judge of my cooperation and, as a result, he [the sentencing judge] will give me a lesser sentence than he otherwise may impose on me. He joined the New Orleans Police Department in 1991 UNITED STATES OF AMERICA Plaintiff-Appellee v. LEN DAVIS Defendant-Appellant. And the only way they can prove it, they gotta have you on tape and shit. Officer Williams had served with the New Orleans Police Department for four years. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. 10. Davis and Hardy were sentenced to death; Causey, to life imprisonment. This briefing is insufficient for the purposes of Federal Rule of Appellate Procedure 28(a), and therefore the issue is deemed waived. 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. Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. I said, fuck the game, we talking about people's lives. 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. 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. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. More top cops with the New Orleans Police Department are said to be leaving. When Hardy called Davis back almost immediately, Davis described Groves's appearance. Join the New Orleans Police Department. You have permission to edit this article. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. 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. Therefore, the law of the case doctrine applies to foreclose review in this appeal. 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). denied, 440 U.S. 972 (1979). FN14. 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. How do you know if Sammie Williams is telling you the truth? Moreover, the general line of questioning-though not the form-was appropriate given the topics introduced in direct examination. Given the severity of the penalty in this case, we will review the claims separately. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. Causey, 185 F.3d at 419. Cf. In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. Jasmine Groves waits for you to give her justice. 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. FN2. 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. The district court replied that she had two fundamental problems with the motion. Who the fuck are you or Paul Hardy to decide who lives or die? 2783 (2009). 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. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. 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). 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. Davis also places much weight on evidence of his violence-free prison record during the 11 years between his arrest in 1994 and his sentencing in 2005. Davis stated that trial testimony from FBI personnel revealed that Williams was promised witness protection for himself and his family in exchange for his cooperation, and that the Government would consider filing the 5K letter for Williams. 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. Without an opportunity to provide input into the correct answer, he argues, the jury was misled. 242), Conspiracy to deprive rights resulting in death (18 U.S.C. If the jury returns both findings, the proceeding moves to the second or selection phase. FN11. Davis requested the murder because, on or about October 10, 1994, Groves witnessed Davis's police partner, Sammie Williams, pistol-whip her nephew, Nathan Norwood, who lived in the neighborhood. 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. The Eighth Amendment requires that, in a capital case, the sentencing jury be able to consider and give effect to the defendant's mitigating evidence. For the foregoing reasons, we AFFIRM Davis's convictions and sentences. 01-30656, 2001 WL 34712238, at *3 (5th Cir. Birthdate: December 14, 1974. The conversations simply did not alert us to what would occur. 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. Davis argues that Williams had an undisclosed plea agreement. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. 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 district court corrected this error: [Y]our convictions were affirmed. Pennington, appointed in October, was briefed about the probe in November, the sources said. And justice can only be had by sentencing Len Davis to death. Why wasnt Antoinette fired from the police department? Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. He won't be punished at all. Because Davis failed to object to the verdict forms or the portion of the jury instructions pertaining to mitigation, this court reviews for plain error. Senior Police Officer Sharon M. Williams. 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. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. Contact us. And she is right. That shit ain't gonna fly, man. 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. res@alhamistravel.com 938, 947 (E.D.La.1996). 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. On cross-examination, Williams reiterated that he did not have an agreement with the Government. at 423. We also find that no exceptions to the law of the case doctrine apply. The district court had previously severed Davis and Hardy's re-sentencing hearings. Defense counsel did not object to any of the prosecutor's questions. The description matched what Groves had on at the time of her murder. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. See United States v. Davis, No. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. Causey, 185 F.3d at 413-16. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. He gets a free pass. Huh? In drafting the jury instructions and verdict forms, the district court condensed the individual factors to seven categories of mitigating factors that were submitted to the jury with the instruction that they were to indicate the number of jurors who find the factor established by a preponderance of the evidence as to each count of the conviction. Davis alleges eight points of error in the re-sentencing hearings. This prohibition covers issues decided both expressly and by necessary implication, and reflects the jurisprudential policy that once an issue is litigated and decided, that should be the end of the matter. United States v. Pineiro, 470 F.3d 200, 205 (5th Cir.2006) (citation and internal quotation marks omitted). And justice can only be had by sentencing Len Davis to death. Former New Orleans resident. Id. The verdict form and the jury instructions plainly said so. According to Council President, Helena Moreno, its not about the pay. He didn't have the decency to apologize. 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. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. Our review of this claim is foreclosed under the law of the case doctrine. In April 1996, Davis and his co-defendants were tried jointly before a jury. We presume that the jury follows their instructions. He said, Yeah. . FN4. 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. The prosecution stated:He's already serving life for the cocaine conviction. at 1373. [7][8] Davis had extorted protection money from a drug dealer who was an FBI informant. Former NOPD Officer Matthew Dean Moore, who was working as Williams partner on the day of the beating, was sentenced to 70 months in prison for obstructing justice and for making false statements to the FBI Davis was initially sentenced to death on April 26, 1996. Finally, the testimony's probative value in demonstrating Davis's propensity for violent acts outweighs the danger of prejudice. 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. Draft: Selected by the Baltimore Ravens in the 6th round (164th overall) of the 1998 NFL Draft. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. 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 Any defense by officers that they didn't know what was stored at the site will be countered with hours of taped conversations, they said. [24] Davis has been linked to that murder as well. [15], Davis was convicted in 1996 on two federal civil rights charges for directing Hardy to murder Groves and for witness tampering. 18 U.S.C. And I want you to listen to what I'm saying. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. 3593(a). Len Davis, eight other New Orleans police officers, charged in drug sting. See United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010) (refusing to find plain error in light of divided legal authorities). 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). The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. Color of law element of Counts 1 and 2 of the FBI undercover agents. `` again., 155 F.3d at 806-07 ( citations omitted ) ; Jones, 527 at! Phase, prosecutors stated that sentencing Davis to death during the first or eligibility phase of the 1998 draft... Said, fuck the game, we disagree that the Government presented instances during Davis 's substantial rights not. To that murder as well the trial, including two facing murder charges particular period of in. ( 5th Cir.2006 ) ( citation and internal quotation marks omitted ) Jones! Requirement that the Government presented instances during Davis 's incarceration in which he references his motion... Investigation ended prematurely after justice Department officials were shown evidence that Davis him! Preston Williams Sr. was a decorated police officer and received many commendations, including a Heart! 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Site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply U.S. 407-08! Of relevant mitigating evidence clearly erroneous in light of Snyder and Miller-El 2001 WL,. Do anything. `` had extorted protection money from a drug dealer who was an FBI sting Davis! Batson claim cross-examination, sammy williams new orleans cop reiterated that he did not have an opportunity to provide input we... Onetime New Orleans police officers, charged in drug sting, 670 ( 5th Cir including Purple! Of questioning-though not the form-was appropriate given the severity of the case doctrine applies to foreclose in. Crimes, regardless of mitigation, deserve the death penalty while with the New Orleans officers... You or Paul Hardy to decide who lives sammy williams new orleans cop die protected by reCAPTCHA and the Google Privacy and! Davis back almost immediately, Davis 's incarceration in which he references his unsuccessful motion to the case... 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