After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway 3592(c)(9). The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. that they were contemplating ripping off the couriers. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 murder. See United States v. Cooper, 91 F.Supp. The district court denied the motion on October 20, 2005, because the issues [15], Davis was convicted in 1996 on two federal civil rights charges for directing Hardy to murder Groves and for witness tampering. This is precisely what the prosecution did here. 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. 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). [19], Hardy was convicted of conspiracy to violate Groves' civil rights and of witness tampering. Birthdate: December 14, 1974. Michael Perlstein and Walt Philbin wrote this report. Causey v. United States, 530 U.S. 1277 (2000). Sylvester, 143 F.3d at 928. Q. Len Davis, eight other New Orleans police officers, charged in drug sting. And justice can only be had by sentencing Len Davis to death. 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 WebLen Davis was a former New Orleans police officer who was sentenced to death for arranging the murder of a witness set to testify against him. Other questions:subscriberservices@theadvocate.com. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. 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 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? 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. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. 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: Davis: Yes! Accordingly, review of this issue is foreclosed. How do you know if Sammie Williams is telling you the truth? At times, he said, the lives of undercover agents posing as drug traffickers were in danger. 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 evidence reflects, however, that Williams had discussed a plea agreement with the Government, but did not have an actual agreement in place at the time of his 1996 testimony. Any reason why you haven't been sentenced yet, to your knowledge? Accordingly, this court's review of this claim is foreclosed. Oh, sure, they look like theyre moving. [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. Q. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. Accordingly, the district court did not abuse its discretion in refusing to incorporate Davis's proposed instruction. The jury was aware-from the court's detailed instructions before and after the selection and penalty phases-that Davis could only be sentenced to a life sentence without the possibility of release, or to death. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. May Ronnie rest in peace. Is that just? 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. 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. When Hardy called back, he and Davis discussed a plan to kill Groves, with Hardy as the shooter and Davis and Williams taking care of evidence at the crime scene after the murder was committed. 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. Further, the jury was not unaware of the facts underlying the mitigating factors-for example, that Davis was injured in the line of duty while aiding fellow officers-because they had heard the mitigation evidence presented during the selection phase of the re-sentencing. Here, the prosecutor's improper statements do not rise to the level of plain error. 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. at 438-44 (discussing cases). This apparently has been an ongoing issue. [4], Davis was known in the community as "RoboCop" because of his large size and the "Desire terrorist" due to his aggressive policing style. You don't get charged with that kinda stupid shit over here. 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. Davis did not appeal this ruling. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. FN17. Although the trial court failed to find a prima facie case of discrimination, it asked the prosecution to provide reasons for the strikes and, following the government's proffer and the defense's response, overruled the Batson challenges. 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. Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. The prosecutor continued with questions about the population and crime statistics in the Florida project: Q.Dr. Streed, actually do you know which project is the smallest in New Orleans, well, back in 1994 population-wise? Therefore, it is not a relevant intervening change of law, and this issue does not fall within the exceptions to the law of the case doctrine. We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". In short, the government must prove the defendant killed Kim Groves only after substantially thinking the matter over and deciding to do it beforehand. Under this or the plain error standard, Davis's claim fails. Id. The fact that Davis was not present during the selection phase when the prosecutor made the remarks, however, could have led the jury to believe that the Government was highlighting Davis's failure to apologize. March 4, 2020. Given the severity of the penalty in this case, we will review the claims separately. 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. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. 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). 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. Williams, Davis's partner in 1994, also testified that Davis recruited other police officers to guard warehouses of drugs and to escort drug couriers in their deliveries, and that Davis paid the recruits from money received from the undercover FBI agent. He gets a free pass. 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. This defendant deserves it. McCrimmon, 443 F.3d at 461-62. 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. Specifically, we held that omission of the FDPA elements from the indictment was harmless error, and overruled the district court's findings to the contrary. I said, Paul, Paul Hardy? If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. NEW ORLEANS . Larry Preston Williams Sr. was a police officer in New Orleans in the late 1960s and 1970s. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. 241 and 242). 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, Who the fuck are you or Paul Hardy to decide who lives or die? The Fifth Circuit, however, reversed his death sentence when his conviction for witness tampering was thrown out. There is so many things wrong with the justice system. The jury selected the death penalty. However, the cases Davis cites in support of this argument are distinguishable. The FDPA further prescribes our review of a death sentence imposed pursuant to its procedures. 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). You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. Q. ), cert denied, 129 S.Ct. Ambiguous jury instructions in the capital context warrant reversal only if there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence. Boyde v. California, 494 U.S. 370, 380 (1990). Under either standard, Davis's claims fail. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. He is survived by his wife and two young children. In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. 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. 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. 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. Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. In the selection phase, Duncan's testimony was relevant to rebut Davis's mitigation evidence regarding residual doubt as to his innocence. FN2. Create a free ODMP account now for these benefits: Create an account for more options, or use this form to leave a Reflection now. Don't let that happen. FN11. Id. 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 id. The fact is so reprehensible it demands a sentence of death. Under this or the plain error standard, Davis's claim fails. And I want you to listen to what I'm saying. denied, 528 U.S. 829 (1999). You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. A reasonable probability is a probability sufficient to undermine confidence in the outcome. 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. WebView the profiles of people named Sammy Williams. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. One of Hardy's favors, at Davis's request, was to murder Groves. Don't let that happen..FN12. Williams's sentencing judge was different from Davis's trial judge. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. (citing United States v. Mares, 402 F.3d 511, 515 (5th Cir. 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). 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. In April, when agents set up a drug warehouse at 420 Franklin Ave. and asked for around-the-clock police guards, Davis said he would have to "to bring in other officers to help, " Gallagher said. Such a pattern of behavior could easily translate to a penitentiary. The undercover investigation was so secret that even former police Superintendent Joe Orticke was not told, sources said. 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. ; see also United States v. Hillsman, 480 F.3d 333, 335-36 (5th Cir.2007); United States v. Hall, 152 F.3d 381, 406 (5th Cir.1998), abrogated on other grounds by United States v. Martinez-Salazar, 528 U.S. 305 (2000). 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.). 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. 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. 3593(a). 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)). Causey, 185 F.3d at 419. In a pre-trial filing, Davis moved to strike this aggravating factor. And I want you to listen to what I'm saying. 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). Is that just? You have permission to edit this article. On cross-examination, the Government questioned Streed regarding his knowledge of Davis's case, the Fifth District, Operation Shattered Shield, and other people involved in the case. 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. Jordan, at a news conference with Gallagher and Police Superintendent Richard Pennington, said more indictments could follow in the coming weeks. See 18 U.S.C. Defense counsel used these words after requesting permission from the district court to lead the witness. [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. The prejudice step sets a high bar The determinative question is whether the prosecutor's remarks cast serious doubt on the correctness of the jury's verdict. Id. As the district court held, victim-impact evidence has been upheld as constitutional. 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. And she is right. And he made the statement, well, Dunc, you just don't understand the game. 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. Very bad. They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). See Cervantes-Blanco, 504 F.3d at 587 (Even if we were to reconsider Cervantes's objection, there has been no change in Supreme Court or circuit law that would permit us to reverse the district court.); United States v. McCrimmon, 443 F.3d 454, 461-62 (5th Cir.2006). There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show premeditation. Davis was initially sentenced to death on April 26, 1996. Causey was an associate of both Hardy and Davis. We're going to clean this department up.". We also find that no exceptions to the law of the case doctrine apply. The Supreme Court denied certiorari. And justice can only be had by sentencing Len Davis to death. Third, the Government presented video surveillance from Operation Shattered Shield. Additionally, no exceptions to the law of the case doctrine apply. Davis argues that this line of cross-examination implied that he and Hardy were responsible for the crime in the Fifth District. Whether such error requires reversal depends upon the magnitude of the prejudicial effect, the efficacy of any cautionary instruction and the strength of the evidence of the defendant's guilt. 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. As for whether a jury would naturally and necessarily construe a remark as a comment on the defendant's failure to testify, the question is not whether the jury possibly or even probably would view the challenged remark in this manner, but whether the jury necessarily would have done so. Id. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. A New Orleans cop called into the radio show to say he resented President Bush for the shower he took this morning at the White House. "We were able to intercept some conversations among the police officers who were on the protection detail . The perpetrators, including Officer Williams' partner, were apprehended and sentenced to death for the murders. The description matched what Groves had on at the time of her murder. They were cryptic and they did not take on significance until compared with other events. At the close of the selection phase, the district court invited objections from counsel regarding the jury instructions. 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. If the jury returns both findings, the proceeding moves to the second or selection phase. all 80 Reflections, Reflections Terms of Use (revised 5/31/2012), View, edit or delete any Reflection you've left in the past. Oldtimers at the police academy thought so and put it in writing. at 1374. 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. Don't let him. Thus, the remaining witnesses' testimony at the May 2001 hearing was consistent with Williams's that there was no plea agreement in place when Williams testified in 1996. Nonetheless, we hold that the facts and circumstances of this case make the error harmless. Officer Williams had served with the New Orleans Police Department for four years. Pennington said he immediately suspended the nine officers. And officers in the New Orleans Police Department have always been familiar with its cultural corruption. Davis was among the officers involved in narcotics dealings, a federal complaint alleges. The probe sent reverberations all the way to Washington, where federal law enforcement officials have described the case as one of the most shocking they have seen, sources said. WebLatest on OT Sammy Williams including news, stats, videos, highlights and more on NFL.com In a pre-trial filing, Davis moved to strike this aggravating factor. at 587. Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. The district court had previously severed Davis and Hardy's re-sentencing hearings. Those killings should never have happened. Want even more control of your Reflection? The FDPA provides that the Government may introduce as a non-statutory aggravating factor victim impact evidence including oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. 18 U.S.C. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. For if the defendant thinks of Kim Groves at all, it is only to ponder how he could have done this murder better. As we noted in Causey, regarding characterizations of Hardy as animal of the street and of Davis as a street killer, a ruthless person, any error in the prosecutor's closing argument does not require reversal due to the overwhelming evidence of Davis's guilt and the negligible prejudicial affect of the remarks in the context of this case. Causey, 185 F.3d at 418; see also Fields, 483 F.3d at 360 (finding no plain error because, although the prosecution referred to the defendant as a psychopath in closing argument, [i]n light of the court's instructions and the strength of the evidence against Fields, Fields has not shown that either remark casts doubt on the correctness of the jury's verdict.). ", In the days after the murder, the FBI overheard Davis and others planning other violent acts, Gallagher said. 241 and 242. 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. how did the industrial revolution affect cities, Regarding Hardy 's re-sentencing hearings academy thought so and put it in.. Findings, the government presented video surveillance from Operation Shattered Shield /a > responsible for the crime in Florida... At 825 ) to strike this aggravating factor for which notice has been upheld as constitutional and crime in! Eight other New Orleans police officer in New Orleans police officers who were on the detail... '' > how did the industrial revolution affect cities < /a > late! 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