We also find that no exceptions to the law of the case doctrine apply. 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. See Coble v. Quarterman, 496 F.3d 430, 438 (5th Cir.2007) (rejecting ineffective assistance claim for failure to object to prosecutor's argument describing defendant as remorseless where evidence at trial showed that defendant made comments immediately after the murders that indicated his lack of remorse). 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. Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. Q. 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 verdict form and the jury instructions plainly said so. In a conversation at 10:43 p.m., Davis is quoted as saying to Hardy: "I got the phone on and the radio. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Further, the Government did not mention Poonie during any other point in the trial, and did not argue about Poonie or his war with Hardy in summation. [21], Causey was convicted of federal conspiracy charges and violating Groves' civil rights. 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. 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. In his first claim, Davis challenges the sufficiency of the evidence to support the sentencing jury's finding that he posed a threat of future dangerousness while imprisoned. At times, he said, the lives of undercover agents posing as drug traffickers were in danger. The description matched what Groves had on at the time of her murder. Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? On the night of Groves' murder, Davis spoke with Hardy several times. 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. Has the government-have I or any government attorney promised you anything? The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. The federal documents include detailed transcripts of telephone conversations between Davis, Hardy and Causey, including conversations just minutes before and after the killing. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. 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. Moreover, the general line of questioning-though not the form-was appropriate given the topics introduced in direct examination. 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. FN4. FN15. Davis did not appeal this ruling. That's how he thinks of her.. See 18 U.S.C. Did you ask about the significance of numbers of homicides in the various projects? 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. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. 529 U.S. at 627. at 438-44 (discussing cases). Improper comments by the prosecutor may constitute reversible error when the defendant's right to a fair trial is substantially affected. 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. [13], In October 2022, three men wrongfully convicted of murder, based on false testimony from Davis, were released after 28 years of incarceration. Review of this issue is foreclosed because Davis's conviction on both counts, based on sufficient evidence, was affirmed in his first appeal. Q. However, [w]e recognize that an error of this kind may, depending on the facts and circumstances of the case, be harmless. Id. . Specifically, Davis argues that Miller-El v. Dretke, 544 U.S. 231 (2005) and Snyder v. Louisiana, 552 US. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. 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. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. Hardy replied he was on [his] way. Williams's shift ended at that point, and he left Davis with the patrol car. At various times, the police officers conducted counter-surveillance of the undercover agents. 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. 3593(e). We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Williams has not been charged, but he is expected to be arrested this week, sources said. I said, Paul, Paul Hardy? denied, 530 U.S. 1277 (2000). 3592(c)(9). . 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. Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. "The police officers, not the FBI, brought in all of these bad, corrupt cops.". And he said, man, Paul Hardy ain't never killed nobody that didn't deserve to die. 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 First, the Government resubmitted the evidence presented in the first or eligibility phase that proved Davis acted with specific intent and after substantial planning and meditation, resulting in Groves's death. Don't let that happen. 3592(c)(9).15. The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. Join the New Orleans Police Department. 01-30656, 2001 WL 34712238, at *3 (5th Cir. In his fourth claim, Davis complains that the victim-impact testimony and the prosecution's arguments related to that evidence were erroneous. Start a rewarding career. Defense counsel used these words after requesting permission from the district court to lead the witness. 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). Jasmine Groves waits for you to give her justice. The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. I understand what you're trying to say, but please. He gets a free pass. As part of the probe, Police Superintendent Richard Pennington Monday called more than 50 police officers, including commanders, to the Municipal Training Academy. See Bernard, 299 F.3d at 479-81 (holding that error in admitting minimal victim impact testimony in which victim's mother directly addressed defendants did not affect substantial rights in light of the impact on the family); see also Griffith v. Quarterman, 196 F. App'x 237, 245 (5th Cir.2006) (per curiam, unpublished) (in a habeas case, rejecting Due Process challenge to admissibility of victim impact evidence where only one witness (victim's brother) testified and prosecutor made only passing reference to testimony in closing argument); cf. at 421-23. Streed was the defense's only mitigation witness. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. [13] Davis was tipped off about the complaint by another officer and then conspired with a local drug dealer, Paul Hardy, to kill Groves. First, we assess whether the prosecutor made an improper remark. Id. Police Officer Ronald Williams was shot and killed during a robbery while he was working a secondary employment assignment at a local restaurant at 4952 Bullard Avenue. Defendant-appellant Len Davis appeals his 1996 conviction and 2005 death sentence imposed pursuant to the Federal Death Penalty Act (FDPA), 18 U.S.C. In his third claim, Davis alleges that the prosecution engaged in misconduct by (1) introducing evidence about his and Hardy's involvement in violence; (2) improperly cross-examining his defense expert; and (3) presenting arguments to the jury about Davis's and Hardy's involvement in violence, in violation of his due process rights. Why wasnt Antoinette fired from the police department? 18 U.S.C. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. 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). On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. See United States v. Davis, 609 F.3d 663, 670 (5th Cir. Williams's sentencing judge was different from Davis's trial judge. [10][11] Twenty additional New Orleans police officers were also implicated in the scheme but the investigation had to be aborted due to the murder of Kim Groves. In his fifth claim, Davis argues that the prosecution's closing arguments at the selection phase of the sentencing hearing were improper and constitute reversible error.11 Davis specifically takes issue with five categories of statements. 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. 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. In connection with this investigation, the FBI conducted surveillance and recorded cellular telephone conversations of Davis and other NOPD officers. 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. Those killings should never have happened. At the close of the selection phase, the district court invited objections from counsel regarding the jury instructions. The verdict form also included a catch-all category: G.Other factors in Len Davis's background or character mitigate against imposition of a death sentence. I wanted to express my sympathy for the Williams family. 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. I also read that the thug was asking for a new trial. [9] Nine other police officers, including two who would later testify against Davis, were later indicted for being part of a criminal conspiracy with Davis. In Murphy v. Dretke, 416 F.3d 427 (5th Cir.2005), cert. Gallagher said the yearlong investigation involved more than 60 federal agents from across the country and was conducted with utmost secrecy. Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. He gets a free pass. Before Davis's re-sentencing, the Government noticed, among other nonstatutory aggravating factors: Victim impact, evidenced by the fact that the murder of Kim Marie Groves has created harmful emotional distress upon her three children and other members of her family.9 This aggravator was later charged to the jury as: That the death of Ms. Groves created harmful emotional distress upon her daughter.. This comes as all three were found to be wrongly convicted Therefore, we hold as a matter of law that the district court committed error when it failed to notify the parties before responding to the jury. If the jury returns both findings, the proceeding moves to the second or selection phase. During deliberations, the jury sent the following note to the judge: Please clarify which is correct. Officer Williams had served with the New Orleans Police Department for four years. He is survived by his wife and two young children. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. Williams also testified and corroborated much of the recorded conversations. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. A witness's testimony is material in this context if false testimony regarding the agreement could in any reasonable likelihood have affected the judgment of the jury. Giglio, 405 U.S. at 154 (internal quotation marks omitted). At the conclusion of the hearing, the court agreed with the prosecutor that new information could be brought out at re-sentencing if Williams testified. Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. 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. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. 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. The conversations simply did not alert us to what would occur. FN17. 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. Id. 3593(c), (d). 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. 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. He is incorrect. United States v. Davis, 912 F.Supp. United States v. Fernandez, 559 F.3d 303, 319 (5th Cir. 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. In the first, or eligibility phase of the proceeding, a jury must unanimously find beyond a reasonable doubt that: (1) the victim's death resulted from the defendant's intentional engagement in life-threatening activity; and (2) one or more of the aggravating factors proposed by the Government is present. 3592(c)(9)..FN15. . The Supreme Court denied certiorari. Causey, 185 F.3d at 413-16; see also id. denied, 526 U.S. 1031 (1999) (waiving appellant's argument where it merely referenced pleadings filed in the district court without stating facts or legal authority in support). The prosecutor also stated:Do not confuse mercy with weakness. At the hearing on the motion in May 2005, Davis19 argued that Williams's trial testimony demonstrated discrepancies consistent with a Brady violation. Several officers still await trial, including two facing murder charges. Is that just? 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. A third man, Damon Causey, hid the murder weapon, a 9mm pistol. Davis contends that the judge responded without receiving input from counsel. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? That'd be the Feds with that shit. Minutes before the slaying, Davis was heard giving Hardy a description of Groves' clothing, prosecutors said. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. [PROSECUTOR]: Back to coincidences now, your Honor. 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. ; see also id. For if not him, who? Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. Huh? (quoting United States v. Collins, 972 F.2d 1385, 1406 (5th Cir.1992)). 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 On cross-examination, Jasmine acknowledged that the letter, signed by her, her two siblings, and her grandparents, had asked the Government not to pursue a capital re-sentencing for Davis but rather to allow him to receive life imprisonment. 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