See Williams, 517 F.3d at 806; McCrimmon, 443 F.3d at 461-62. After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. 2. The words substantial planning should be given their ordinary, everyday meaning. 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. 5. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). Learn more about FindLaws newsletters, including our terms of use and privacy policy. Other questions:[email protected]. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. 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. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. The district court had previously severed Davis and Hardy's re-sentencing hearings. 01-30656, 2001 WL 34712238, at *3 (5th Cir. Each faces up to life in prison, while Davis could face the death penalty in connection with Groves' murder. 11. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. 3593 (listing burden of proof for mitigating factors). Additionally, he asserts, we applied an incorrect standard of review in affirming his Batson claim in his first appeal. Davis arranged to meet Hardy and Causey at the police station to view photos of homicide cases. The prosecution stated:He's already serving life for the cocaine conviction. 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. 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). We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". The prejudicial effect of the prosecutor's improper did you know ? questions was tempered significantly when the district court admonished him to refrain from that type of questioning. Oh, sure, they look like theyre moving. Williams was familiar with the letter, and that the Government told him they can do that-i.e., file the 5K letter-but [t]hey didn't guarantee me that they would or would not either., In 2001, after we remanded for re-sentencing, Davis filed a motion to obtain Williams's plea agreement pursuant to Brady and Giglio. There is so many things wrong with the justice system. 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). 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. See United States v. Cooper, 91 F.Supp. Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. As the Government correctly notes, neither Apprendi nor Ring infringe on Congress's powers by creating new criminal offenses that did not previously exist. 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. Q. 3593(e). See United States v. Davis, No. At that point, a decision was made not to let Davis and the other two suspects remain on the street. [7][8] Davis had extorted protection money from a drug dealer who was an FBI informant. Washington State Department of Corrections, WA. 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. 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. ", "We were concerned that he may engage in acts of violence. 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. As the district court held, victim-impact evidence has been upheld as constitutional. See Rogers v. Tennessee, 532 U.S. 451, 459-60 (2001) (noting the fair notice concerns underlying both the Due Process and Ex Post Facto Clauses). Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. (emphasis added). [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. 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. However, [w]e recognize that an error of this kind may, depending on the facts and circumstances of the case, be harmless. Id. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Senior Police Officer Sharon M. Williams. They [Davis and Hardy] are friends. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. In United States v. Flores, 63 F.3d 1342 (5th Cir.1995), we construed the word substantial as used in the substantial planning and premeditation aggravator to denote a thing of high magnitude. 63 F.3d at 1373. 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. 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. Because there was no contemporaneous objection to the testimony, the line of cross-examination, or the prosecutor's arguments, we review each act of alleged misconduct for plain error. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. ; see also Agofsky, 458 F.3d at 374. Davis and his partners took at 438-44 (discussing cases). 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. 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. Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. And she is right. 18 U.S.C. Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. And officers in the New Orleans Police Department have always been familiar with its cultural corruption. Want even more control of your Reflection? A. At approximately 10:00 p.m., Davis and Williams spotted Groves near her home. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. 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 [14] Hardy shot and killed her on October 14, 1994, less than one day after she filed the complaint. Miller-El does not even address the standard of review.17 And Snyder, in fact, restates the same standard: On appeal, a trial court's ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous. 552 U.S. at 477. Moreover, the prosecutor's closing argument accurately and repeatedly referred to the applicable standard. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. 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. 3593(c), (d). [19] He was initially sentenced to death, but in 2011 his sentence was commuted to life when he was found by a judge to be intellectually disabled. In August 1995, the third superseding indictment charged each defendant with: (1) conspiracy to deprive Groves of her civil rights while acting under color of state law, including eight overt acts in furtherance of the conspiracy, in violation of 18 U.S.C. WebSammy Williams. Review of this issue is foreclosed because Davis's conviction on both counts, based on sufficient evidence, was affirmed in his first appeal. That shit ain't gonna fly, man. FN10. 3595(c). "One in law enforcement may consider that a gift from heaven. denied, 540 U.S. 1093 (2003). The conversations simply did not alert us to what would occur. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. 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. Accordingly, the law of the case doctrine precludes review of his claim in this 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. Williams see [sic] a homicide and what does he do? And I want you to listen to what I'm saying. 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. FN5. WebLen Davis was an officer in the New Orleans Police Department (NOPD). The jurors were instructed to the contrary by the court immediately before their deliberations, and were informed that the arguments were just that-not evidence. 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). If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? 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. 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. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. And he doesn't care, she said. Police officers put their lives at risk every day in the line of duty. On several occasions, Len Davis answered calls for assistance from fellow officers who were being shot at and assisted in apprehension of the suspects, putting his own life in danger to save the lives of his fellow officers. The perpetrators, including Officer Williams' partner, were apprehended and sentenced to death for the murders. Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. You only go to jail if you were the gunman. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. Other participants in the drug trafficking conspiracy are now eligible to receive reduced sentences as a result of their testimony against Mr. Davis and plea agreements with the government. 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.). Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. 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. We AFFIRM. Causey v. United States, 530 U.S. 1277 (2000). For the foregoing reasons, we AFFIRM Davis's convictions and sentences. 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. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. The final instruction to the jury read, in relevant part: A killing is committed after substantial premeditation when it is committed upon substantial deliberation. 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. The government must also establish beyond a reasonable doubt that the murder was committed after substantial planning for you to find this element proved. In his seventh claim, Davis asserts that the district court committed plain error in instructing the jury on mitigating evidence or in drafting the verdict forms on the same. May Ronnie rest in peace. 5K1 in which the Government informs the sentencing judge of a witness's cooperation. See id. Although Len Davis can distinguish right from wrong and deserves to be held accountable for his actions, his behavior was negatively impacted by being shot in the stomach while coming to the assistance of fellow officers. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. 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. Huh? Officer Williams, On today, the 25th anniversary of your death I would just like to say thank you for your service and sacrifice for the citizens of New Orleans. 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. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996..FN1. We affirmed Causey's conviction and sentence, and affirmed Davis's and Hardy's convictions on Counts 1 and 2. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. 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, the cases Davis cites in support of this argument are distinguishable. While the prosecutor would have done well to refrain from making certain statements, see Johnson v. Bagley, 544 F.3d 592, 598 (6th Cir.2008), the isolated remarks do not cast serious doubt on the correctness of the jury's verdict. In other words, an issue of fact or law decided on appeal may not be reexamined either by the district court on remand or by the appellate court on a subsequent appeal. United States v. Williams, 517 F.3d 801, 806 (5th Cir.2008) (citation omitted); accord United States v. Cervantes-Blanco, 504 F.3d 576, 587 (5th Cir.2007); United States v. Becerra, 155 F.3d 740, 752 (5th Cir.1998), abrogated on other grounds as stated in United States v. Farias, 481 F.3d 289, 292 (5th Cir.2007). WebCops 1 season Reality 2017 English audio TV-PG Buy Featuring police officers, constables and sheriff's deputies patrolling streets for car thieves, drug pushers, sex-trade workers, 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 Causey, 185 F.3d at 418. Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. ), cert. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. Davis thus was not prejudiced by the district court's error. ), cert denied, 546 U.S. 828 (2005)). This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. Under this or the plain error standard, Davis's claim fails. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). Davis does not and cannot argue that this issue falls within the exceptions to the law of the case doctrine; therefore, review is foreclosed. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. He calls Davis. 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. At the selection phase, the prosecutor again argued that Hardy was a killer by trade, and that Davis had aided and abetted Hardy and his associates in their criminal activities. We generally look to three factors in deciding whether any misconduct casts serious doubt on the verdict: (1) the magnitude of the prejudicial effect of the prosecutor's remarks, (2) the efficacy of any cautionary instruction by the judge, and (3) the strength of the evidence supporting the conviction. Id. We're going to be in a holy war. New Orleans Police Department, LA. 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. 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. Id. After the killing was officially logged as a murder by police, Davis and Williams were overheard celebrating the murder with Hardy, they said. In a pre-trial filing, Davis moved to strike this aggravating factor. Moreover, there was not inappropriate disparagement of Davis or defense counsel. J.R. March 4, 2020. Based on its consideration of the aggravating and mitigating factors, the jury decides unanimously whether the defendant shall be sentenced to death, to life imprisonment without possibility of release, or some other lesser sentence. They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. At the time of his death, Officer Williams seemed to be building a solid career. Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. The verdict form and the jury instructions plainly said so. One early meeting almost led to a showdown, he said. However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. Q. FN9. Jackson, 549 F.3d at 974-75 (testimony); Causey, 185 F.3d at 418-19 (arguments). 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. Other participants in the drug trafficking conspiracy are now eligible to receive reduced sentences as a result of their testimony against Mr. Davis and plea agreements with the government. Penry v. Johnson, 532 U.S. 782, 797 (2001). "The police officers, not the FBI, brought in all of these bad, corrupt cops.". 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. Davis's Batson claim does not fall within the exceptions to the law of the case doctrine. 3592(a); Jones, 527 U.S. at 408. In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. Davis was among the officers involved in narcotics dealings, a federal complaint alleges. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. Most of the prosecutor's comments in the summation referred to Hardy's involvement in Groves's murder, and were corroborated by the wiretap tapes. The prosecutor also stated:Do not confuse mercy with weakness. FN8. And he said, oh, that's Paul. In the selection phase, Duncan's testimony was relevant to rebut Davis's mitigation evidence regarding residual doubt as to his innocence. The government must also establish beyond a reasonable doubt that the killing was committed after substantial planning for you to find this factor proved. 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. After it's done, go straight Uptown and call me." 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). United States v. Millsaps, 157 F.3d 989, 993 (5th Cir.1998) (citing Zafiro v. United States, 506 U.S. 534, 540 (1993)). This court has recognized three exceptions to the law-of-the- case doctrine. Davis argues that Williams had an undisclosed plea agreement. The district court denied the motion on October 20, 2005, because the issues presented had been decided in numerous motions before Davis's re-sentencing. We therefore will not reverse Davis's sentence on this ground. 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. Len Davis, eight other New Orleans police officers, charged in drug sting. This comes as all three were found to be wrongly convicted Former New Orleans resident. 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. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. Therefore, neither decision raises any ex post facto or due process concerns. Did you ask about the significance of numbers of homicides in the various projects? Davis's re-sentencing proceedings began on July 25, 2005 before a jury.1 During the first stage of the re-sentencing, Davis elected to represent himself with appointed counsel serving as back-up.2 On August 3, 2005, the jury returned a verdict rendering Davis eligible for the death penalty, finding that he intentionally participated in an act contemplating that Groves would be killed, and did so after substantial planning and premeditation. 938, 947 (E.D.La.1996). Government Exhibit LD-9 is the wiretap excerpt of a conversation between Hardy and Davis the evening of October 13, 1994, when Davis first mentions his desire for Hardy to kill Groves. at 829-30 (citing United States v. Robinson, 367 F.3d 278, 284-85, 287 (5th Cir.2004)). Moreover, the general line of questioning-though not the form-was appropriate given the topics introduced in direct examination. Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. 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. Jordan, at a news conference with Gallagher and Police Superintendent Richard Pennington, said more indictments could follow in the coming weeks. Case doctrine precludes review of his sentence is warranted each was given a subpoena to a federal alleges! His absence, the Government argues that Williams had an undisclosed plea agreement comparative juror analysis is the of... Were not affected such that reversal of his claim in his fourth claim decorated. Including our terms of use and privacy policy plain error sentencing Davis to life in prison, while Davis face! And Williams spotted Groves near her home Davis in 1996.. FN1 to rebut Davis 's Batson in... 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