at 421-23. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil When a police officer murders a citizen in cold blood in retaliation for making a complaint against him, it always deserves the death penalty, period, without exception.13, Third, the prosecutor referred to the effects of Davis's actions on the broader community.14 The prosecutor also told jurors that they speak for [Kim Groves], asked jurors to return a death sentence for every tear that Jasmine Groves cried, and urged that Jasmine Groves waits for you to give her justice.. Cause: COVID19 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. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. 241 and 242. The citizens of the City of New Orleans wait for you to give them justice. 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. Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. (quoting United States v. Collins, 972 F.2d 1385, 1406 (5th Cir.1992)). "We were able to intercept some conversations among the police officers who were on the protection detail . 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. Count One-Part B states: in prison. On Pg 9-Issues to be decided states: while imprisoned., The district court judge responded in writing: I apologize for the different terminology. Moreover, the general line of questioning-though not the form-was appropriate given the topics introduced in direct examination. It's intended to mean the same thing.. The prosecutor then asked Williams: Q. 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. 242), Conspiracy to deprive rights resulting in death (18 U.S.C. Former New Orleans Police Officer Antoinette FrankCity of New Orleans police officer Ronnie Williams was 25 years old when his partner on the force, Antoinette Frank, and her accomplice Rogers Lacaze, shot him dead at point blank range as he moonlighted at a restaurant in New Orleans 9th Ward. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. I said, Paul, Paul Hardy? 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. Huh? FN19. Rather, it must be shown that there was both a considerable or large amount of premeditation and there was a considerable or large amount of planning preceding the murder. Do not capitulate, be vigilant. Don't let that happen. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Davis argued this motion pro se with his back-up counsel present. A. This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. Davis learned about the complaint on October 12. To do that, prosecutors will ask commanders whether they instructed their officers to be involved in such duties. FN7. We rejected this claim in Davis's first appeal. Id. On redirect, the prosecutor then asked Jasmine to explain why she had thought a life sentence would mean things would end. She answered that she had believed it would mean no more court, no more nothing. But, she said she had now learned, he can keep appealing and keep going through this for the rest of our life [sic]. Defense counsel did not object. 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. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. Oldtimers at the police academy thought so and put it in writing. at 1374. For if not him, who? We examine the seven claims related to his convictions in turn, keeping in mind that we affirmed Davis's convictions in his first appeal. "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. More top cops with the New Orleans Police Department are said to be leaving. You only go to jail if you were the gunman. In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. THE COURT: [Prosecutor], please try not to testify and give information. Accordingly, review of this issue is foreclosed. . We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. How dare he compare your dedication, your willingness to follow your sworn duty with the murderous rampage of Len Davis. ", In the days after the murder, the FBI overheard Davis and others planning other violent acts, Gallagher said. Explore. The information about the witness protection was not favorable to Davis because the jury may have assumed that Williams needed protection from Davis, who allegedly had Groves killed for filing a complaint against him. FBI ballistics tests matched a 9 mm pistol found in Causey's bedroom to a bullet casing found at the scene of Groves' murder. During the selection phase, the Government elicited sentencing testimony from the victim's daughter, Jasmine Groves, that Davis did not deserve life imprisonment because he had not once said he was sorry, in over 11 years since the crime. FN9. Position: OT. 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. 938, 947 (E.D.La.1996). United States v. Davis, 380 F.3d 821 (5th Cir.2004); reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. Defense counsel used these words after requesting permission from the district court to lead the witness. Oh, sure, they look like theyre moving. 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. If not now, when? 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. 552 U.S. at 484-85. WebView All 34,791 Memorials for the Police Officers Site. The letter she read into testimony was part of that impact. In Sinisterra, a federal habeas petitioner challenged the prosecutor's closing argument in which the jury was urged to act as the conscience of the community and send a message to all other drug dealers that this community will not tolerate [crimes like the petitioner's]. 600 F.3d at 910. May Ronnie rest in peace. [13] Davis was tipped off about the complaint by another officer and then conspired with a local drug dealer, Paul Hardy, to kill Groves. United States v. Millsaps, 157 F.3d 989, 993 (5th Cir.1998) (citing Zafiro v. United States, 506 U.S. 534, 540 (1993)). Join Facebook to connect with Sammy Williams and others you may know. [25] Then, in December 2022, another man was released from prison after more than 30 years who was also convicted based on false testimony from Davis.[26][27]. First, we assess whether the prosecutor made an improper remark. Id. 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. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. In two conversations, Davis, using a cellular phone in his car, directed Hardy to Groves by giving detailed descriptions of what she was wearing. Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. 2783 (2009). October 13th would see Officer Davis, in a police cruiser and in uniform, begin the hunt for Miss Groves with his partner Sammie Williams riding shotgun. A New Orleans cop has been arrested and suspended for allegedly withholding evidence involving the suspect charged in a fellow officer's shooting death, police said. [20] The witness tampering conviction would be later overturned. In Snyder, a direct appeal from state court, the Supreme Court found a Batson violation when the state court failed to make a finding on the record either crediting or denying the prosecutor's reasons for challenges to African American jurors. FN16. The description matched what Groves had on at the time of her murder. If I was family to any of the ones that were killed that day, I would sue the New Orleans Police Department. Stay up-to-date with how the law affects your life. Causey v. United States, 530 U.S. 1277 (2000). August 17, 2012. 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. Is that just? And it was an insult on our entire criminal justice system. This argument is also unavailing. We also determine whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained. Hall, 152 F.3d at 406 (citing Chapman v. California, 386 U.S. 18, 23 (1967)); see also 18 U.S.C. Jasmine Groves waits for you to give her justice. The district court denied the motion, refusing to extrapolate from the Fifth Circuit's decision [in Causey] a determination that the Government did not prove its case for death with regard to Counts 1 and 2 because the evidence had been insufficient to sustain a conviction on Count 3. We affirmed the ruling. This is precisely what the prosecution did here. Given the severity of the penalty in this case, we will review the claims separately..FN11. ), cert denied, 129 S.Ct. Don't do that.. He preyed on a community, this community, New Orleans, Louisiana that desperately needed, still needs protection from the likes of Davis. If anybody kills somebody in the Florida, who is the first one they think of? It is well-settled in this circuit that when a communication is received from the jury, counsel should be informed of its substance and afforded an opportunity to be heard before a supplemental charge is given. 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). Causey, 185 F.3d at 419. At the May 2001 hearing on Davis's Brady motion, Williams reiterated under oath that he did not have an agreement. "The police officers did the same, and this was captured on videotape.". The email address cannot be subscribed. Third, the Government presented video surveillance from Operation Shattered Shield. Brady / Giglio claims raised in a motion for a new trial are renewed de novo. Admission of the testimony is not sufficient to reverse Davis's sentence. 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. 3593(a). The very first thing he does is call a murderer and dope dealer called Paul Hardy. Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. 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. At Davis's 1996 trial, Williams testified on direct that he had pleaded guilty to two felony weapons and drug possession charges in connection with the FBI's Operation Shattered Shield. At the time of his death, Officer Williams seemed to be building a solid career. Williams see [sic] a homicide and what does he do? NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. You have permission to edit this article. 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. And the only way they can prove it, they gotta have you on tape and shit. We also find that no exceptions to the law of the case doctrine apply. However, we reversed Davis's and Hardy's convictions on Count 3 because of insufficient evidence. 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. The district court had previously severed Davis and Hardy's re-sentencing hearings. Brady prohibits the Government from suppressing evidence favorable to the accused where the evidence is material either to guilt or to punishment. Brady, 373 U.S. at 87. 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. The district court had previously severed Davis and Hardy's re-sentencing hearings. 01-30656, 2001 WL 34712238, at *3 (5th Cir. Vuelos Alquileres de vacaciones Davis contends that the judge responded without receiving input from counsel. The final instruction to the jury read, in relevant part: A killing is committed after substantial premeditation when it is committed upon substantial deliberation. 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. 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 working in a high crime area. NEW ORLEANS . Sylvester, 143 F.3d at 928. Even if the argument were not waived, it would be unavailing on the merits. United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. 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. A. 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. See Causey, 185 F.3d at 418. [21], Causey was convicted of federal conspiracy charges and violating Groves' civil rights. You have permission to edit this article. FN5. At the eligibility phase, the prosecutor opened by telling jurors they would hear how Davis had developed a particular relationship with Paul Hardy, a street assassin to the extent where he protected Hardy. Then, in summation, the prosecutor used similar language to discuss Hardy while playing some of the wiretap tapes: You know too from the tapes and testimony of Sammie Williams that the defendant is protecting a murder [sic] and dope dealer by the name of Paul Hardy. They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. Former New Orleans resident. FN3. See Flores, 63 F.3d at 1373-74. United States v. Bieganowski, 313 F.3d 264, 293 (5th Cir.2002) (citing United States v. McDuffie, 542 F.2d 236, 241 (5th Cir.1976)); United States v. Sylvester, 143 F.3d 923, 928 (5th Cir.1998) (Upon receiving the note from the jury, the court should have notified counsel of the message, shared its contents and granted each side the opportunity to be heard.). 405 U.S. at 154-55. Jasmine read the remarks from a letter she had written to Davis. All three defendants appealed, citing numerous points of error individually and collectively. This plausible explanation makes it debatable as to whether the remarks were intended to comment on Davis's failure to testify in the sentencing hearing. 938, 947 (E.D.La.1996). Photo/Video will be published upon admin review and approval. Defense counsel asked Williams about a 5K letter, a motion for downward sentence departure pursuant to U.S.S.G. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. 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. Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. Streed was the defense's only mitigation witness. At approximately 10:00 p.m., Davis and Williams spotted Groves near her home. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). Streed testified on direct regarding the effects of violent criminal activity on Davis's mental and physical health. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. The words substantial planning should be given their ordinary, everyday meaning. Therefore, neither decision raises any ex post facto or due process concerns. In July 1995, pursuant to the FDPA, the Government filed two notices of intent to seek the death penalty for Davis and Hardy, and the FDPA elements in support. FN1. New Orleans Police Department, LA. Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. But see United States v. McWaine, 243 F.3d 871, 873-74 (5th Cir.2001), overruled on other grounds by United States v. Cotton, 535 U.S. 625 (2002) (applying the two-step analysis where the defendant did not object to prosecutor's allegedly improper remarks); United States v. Lankford, 196 F.3d 563, 573-74 (5th Cir.1999) (same). 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). The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. 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. For if not him, who? 938, 947 (E.D.La.1996). Williams also testified and corroborated much of the recorded conversations. 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. 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. ; see also id. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. We examine his claims in turn. Upon questioning by the prosecutor, he told jurors he was facing a mandatory five-year sentence and possible life sentence in prison on those charges. See 18 U.S.C. denied, 544 U.S. 1034 (2005). The first was purely procedural because Davis's convictions had been affirmed by this court on direct appeal. 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