2. Miller-El, 545 U.S. at 251-52. 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. At the close of the selection phase, the district court invited objections from counsel regarding the jury instructions. Davis argued this motion pro se with his back-up counsel present..FN19. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. No products in the cart. In the selection phase, Duncan's testimony was relevant to rebut Davis's mitigation evidence regarding residual doubt as to his innocence. While the jury determines aggravating factors unanimously and beyond a reasonable doubt, it determines mitigating factors individually and by a preponderance of the information. 18 U.S.C. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. 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). United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. 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. That shit ain't gonna fly, man. The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. 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. As a police officer, Len Davis intervened and persuaded a woman who was threatening to commit suicide and/or kill him and his partner to surrender her gun. 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. 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. 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 In 1994, Davis and Williams provide Adams policeprotection. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. 3592(c)(9). Here, the prosecutor's improper statements do not rise to the level of plain error. 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. Davis argued this motion pro se with his back-up counsel present. 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). We AFFIRM. Although she didnt kill Officer Williams, she was just as guilty. 7. And it was an insult on our entire criminal justice system. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. 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 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. 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)). As part of the probe, Police Superintendent Richard Pennington Monday called more than 50 police officers, including commanders, to the Municipal Training Academy. Sammy williams new orleans police officer; In 1990's the justice department said that New Orleans was the highest country with complaints of police brutality in 1994 there were than forty officers arrested for bribery, rape, bank robbery and Police . THE COURT: [Prosecutor], please stop testifying in your questions. Because [d]istrict courts enjoy substantial latitude in formulating a jury charge, we review all challenges to, and refusals to give, jury instructions for abuse of discretion. United States v. Webster, 162 F.3d 308, 321-22 (5th Cir.1998), cert. Hardy, along with Causey and a driver, went to Groves's neighborhood. At the May 2001 hearing on Davis's Brady motion, Williams reiterated under oath that he did not have an agreement. denied, 544 U.S. 1034 (2005). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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: Williams: (Laughing) It's confirmed, daddy. If so, then we ask whether the defendant was prejudiced. This defendant deserves it. The letter she read into testimony was part of that impact. He won't be punished at all. See United States v. Cooper, 91 F.Supp. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. United States v. Rodriguez, 581 F.3d 775, 796-97 (8th Cir.2009) (holding that testimony of six victim-impact witnesses was not overwhelming where witnesses explained the impact of the victim's murder on their lives and defendant presented mitigation witnesses). NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. FN14. In police code, 30 is the signal for a homicide. 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. If not now, when? FN2. 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. Has anyone-by that I mean either the government, any government attorney or [the sentencing judge]-made any prediction as to what your sentence could possibly be? "In September, a disturbing development occurred, " Gallagher said. Here, the remark was not directed to facts outside the record or unrelated to the evidence introduced at trial. Q. 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. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Defense counsel used these words after requesting permission from the district court to lead the witness. When Hardy called Davis back almost immediately, Davis described Groves's appearance. We're going to clean this department up.". 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. We may not reverse or vacate a sentence of death on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless. Id. And it was an insult on our entire criminal justice system. WebBecome a New Orleans Police Officer Make a difference. "There were a number of other police officers who were ready and prepared to go forward with playing a role in protecting the cocaine in this undercover operation. Therefore, neither decision raises any ex post facto or due process concerns. Police Officer Ronald A. Williams, II, New Orleans Police The district court had previously severed Davis and Hardy's re-sentencing hearings. 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. On cross-examination, Williams reiterated that he did not have an agreement with the Government. 3592, 3593(d). There was no contemporaneous objection to the victim-impact testimony or the related arguments by the prosecutor, and thus the claims are reviewed for plain error. She should have had her badge, gun and keys taken from her. FN6. WebView All 34,791 Memorials for the Police Officers Site. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. Evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed [and t]here is no reason to treat such evidence differently than other relevant evidence is treated. Payne, 501 U.S. at 827. But advancing a different assessment of the evidence or urging conflicting inferences therefrom does not demonstrate a legal inadequacy in the government's proof. United States v. Fields, 516 F.3d 923, 943 (10th Cir.2008). There is so many things wrong with the justice system. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. 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. 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. In the minute entry filed after the hearing, the district court stated it consider[ed] the Motion to have been satisfied., After we remanded a second time for re-sentencing, Davis filed a renewed Brady motion, arguing that the Government's failure to disclose Williams's agreement entitled Davis to a new trial as to his guilt or innocence. The final instruction to the jury read, in relevant part: A killing is committed after substantial premeditation when it is committed upon substantial deliberation. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. 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. 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. Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. Davis has been in custody since Monday, when he was charged with ordering the murder of Kim Groves near her Alabo Street home. Davis learned about the complaint on October 12. Miller-El v. Cockrell, 537 U.S. 322, 340 (2003) (In the context of direct review, therefore, we have noted that the trial court's decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal and will not be overturned unless clearly erroneous.) (internal citations and quotes omitted)..FN17. The parties contest whether the district court judge notified trial counsel before responding to the jury's question. 529 U.S. at 627. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. 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. We also vacated Davis's and Hardy's death sentences as to all three counts because the jury did not make separate recommendations concerning the appropriate penalty for each count of the conviction. Defense counsel did not object to any of the prosecutor's questions. We're going to be in a holy war. Penry v. Johnson, 532 U.S. 782, 797 (2001). The district court rejected this proposed instruction. You examined as well as Mr. Davis' personnel file, crime statistics for New Orleans for the year 1994, did you not? Or maybe they didn't do anything.". Davis cannot demonstrate that the remarks prejudiced him. March 4, 2020. In April 1996, Davis and his co-defendants were tried jointly before a jury. Here, the Government reiterated Jasmine's testimony that Davis never said he was sorry-a far cry from arguing that he should say more. Huh? 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. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. Our review of this claim is foreclosed under the law of the case doctrine. Join the New Orleans Police Department. The district court overruled his objection. 12. However, admission of the evidence violates Davis's due process rights if it is so unduly prejudicial that it renders the trial fundamentally unfair. Bernard, 299 F.3d at 477 (citing Payne, 501 U.S. at 825). This is precisely what the prosecution did here. We're not going to tolerate it, " Morial said. The investigation was launched in December 1993 when 5th District officers Len Davis and Sammie Williams began extorting bribes and offering protection to a drug dealer, said New Orleans FBI Commander Neil Gallagher. Start a rewarding career. 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. FN3. Defense counsel used these words after requesting permission from the district court to lead the witness. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. 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. 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. 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. At times, he said, the lives of undercover agents posing as drug traffickers were in danger. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 murder. The verdict form and the jury instructions plainly said so. 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. Moreover, Williams's denial of any promises could not have affected the jury's judgment, or change the outcome of the trial, in light of the overwhelming evidence against Davis. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. How dare he compare your dedication, your willingness to follow your sworn duty with the murderous rampage of Len Davis. The Supreme Court denied certiorari. He didn't have the decency to apologize. Davis's arguments have no merit. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. In addition, the court's instructions regarding consideration of mitigation evidence ensured that the jurors considered the mitigation factors correctly. 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. United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. That'd be the Feds with that shit. ", "We were concerned that he may engage in acts of violence. 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. 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. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show premeditation. United States v. Davis, 912 F.Supp. 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. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. Sylvester, 143 F.3d at 928. 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. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. 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. The conversations simply did not alert us to what would occur. 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. WebSammy Williams. Next, Davis urges that the Government withheld material evidence about Williams in violation of Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). Id. If the jury returns both findings, the proceeding moves to the second or selection phase. See 18 U.S.C. [20] The witness tampering conviction would be later overturned. In addition, the prosecutor's remarks did not communicate to jurors that they were legally bound to impose the death penalty or that they could not consider Davis's mitigating factors. Do not capitulate, be vigilant. Q. Next, Davis asserts that the indictment erroneously alleged a deprivation of the right to liberty rather than a deprivation of the right to life. Davis argues that the death resulting element of each charge meant he was effectively prosecuted for murder, even though the constitutional right he allegedly deprived the victim of, according to the indictment, was the right to liberty, not the right to life. Several officers still await trial, including two facing murder charges. The factor states, in relevant part, The defendant committed the offense after substantial planning and premeditation to cause the death of a person. 18 U.S.C. Review of this issue is foreclosed because Davis's conviction on both counts, based on sufficient evidence, was affirmed in his first appeal. 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. 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