A. Davis argues that this line of cross-examination implied that he and Hardy were responsible for the crime in the Fifth District. 3593(b); see also Jones v. United States, 527 U.S. 373, 407-08 (1999). 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. Is that just? She used her gun that she received from the department to kill all three people. 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. denied, 552 U.S. 1144 (2008). In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. "Unfortunately, we were not provided on Oct. 13 with enough information to allow us to prevent it, " he said. Is that just? Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. Finally, Davis claims that the Supreme Court's decisions in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 584 (2002) resulted in an unconstitutional judicial rewriting of 18 U.S.C. 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). 11. Williams's sentencing judge was different from Davis's trial judge..FN18. United States v. Davis, 912 F.Supp. For if not him, who? 9. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. In reply, the Government stated that Williams's request for a plea agreement was rejected, but if he cooperated without an agreement, witness protection would be made available. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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). If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. THE COURT: [Prosecutor], please stop testifying in your questions. Real cocaine - more than 130 kilos - was used throughout the sting, as was real money, $97,000 of which was distributed to officers in payments as large as $6,000. Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. Create a free ODMP account now for these benefits: Create an account for more options, or use this form to leave a Reflection now. The district court had previously severed Davis and Hardy's re-sentencing hearings. [20] The witness tampering conviction would be later overturned. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. 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)). A.I am sorry, I don't think I understand your question. Millsaps, 157 F.3d at 993 ([J]uries are presumed to follow their instructions.); see also Flores, 63 F.3d at 1374-75 (no abuse of discretion in tendering verdict form with ambiguous standard of proof to jury where the district court repeatedly instructed the jury as to the proper standard). The Government appealed. And it was an insult on our entire criminal justice system. 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. They [Davis and Hardy] are friends. 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. A refusal to give a requested instruction constitutes reversible error only if the proposed instruction (1) is substantially correct, (2) is not substantively covered in the jury charge, and (3) pertains to an important issue in the trial, such that failure to give it seriously impairs the presentation of an effective defense. Id. 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! 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. Vuelos Alquileres de vacaciones Start a rewarding career. If so, then we ask whether the defendant was prejudiced. All rights reserved. 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. Causey, 185 F.3d at 413 (holding that the Government's explanations for their peremptory strikes were race neutral and not outside the realm of credibility) (citing Purkett v. Elem, 514 U.S. 765, 768 (1995)).16 Here, Davis presents arguments regarding strikes against seven African-American jurors, the same jurors whose strikes he appealed to the district court and to this court in Causey. Improper comments by the prosecutor may constitute reversible error when the defendant's right to a fair trial is substantially affected. 01-30656, 2001 WL 34712238, at *3 (5th Cir. This apparently has been an ongoing issue. Id. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. You can use evidence that's admissible and been admitted, but please don't go beyond that. 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. That'd be the Feds with that shit. In April, the officers agreed to protect a drug shipment, then stunned an agent posing as a big-time cocaine dealer by showing up in uniform, Gallagher said. And I want you to listen to what I'm saying. 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 421-23. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show premeditation. 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). If you have a question, ask him a question. Pennington said he immediately suspended the nine officers. Well, other than the fact that it is considerably higher than the other eight districts, no. Evidence is material if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Severns, 559 F.3d at 278 (citation omitted). We presume that the jury follows their instructions. See United States v. Davis, No. The FBI agents who testified at the same hearing stated that they assumed Williams had an agreement, and indicated as such in their summaries of interviews with him after his arrest. 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). Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. At the eligibility phase, the prosecutor opened by telling jurors they would hear how Davis had developed a particular relationship with Paul Hardy, a street assassin to the extent where he protected Hardy. Then, in summation, the prosecutor used similar language to discuss Hardy while playing some of the wiretap tapes: You know too from the tapes and testimony of Sammie Williams that the defendant is protecting a murder [sic] and dope dealer by the name of Paul Hardy. You have permission to edit this article. Causey was an associate of both Hardy and Davis. 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). "The police officers did the same, and this was captured on videotape.". Jackson, 549 F.3d at 974-75 (testimony); Causey, 185 F.3d at 418-19 (arguments). Q. Is that just? Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. Given the severity of the penalty in this case, we will review the claims separately..FN11. Now, you pleaded guilty just about a year ago. 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. Further, a violation of Section 241 or 242 that results in death still carries a maximum sentence of life imprisonment or death-the same penalty that existed before Apprendi and Ring were decided. At the close of the selection phase hearing, the district court charged the following aggravating factor to the jury: That Mr. Davis poses a threat of future dangerousness to the lives and safety of other persons while imprisoned. The jury unanimously found that the Government had proven this factor beyond a reasonable doubt. Explore. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil 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? 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. 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 The citizens of the City of New Orleans wait for you to give them justice. The charge, [t]here is no requirement that the government prove that the defendant deliberated for any particular period of time, was given in the context of the remaining elements of the charge, including, [i]t must, however, show that the defendant had enough time to become fully aware of what he intended to do and to substantially think it over before he acted. Given that the term substantial could have denoted a thing of high magnitude on its own, the remaining elements of the jury charge served to underscore that definition. 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. FN17. All three defendants appealed, citing numerous points of error individually and collectively. Although she didnt kill Officer Williams, she was just as guilty. Or maybe they didn't do anything.". According to court documents Len Davis was under investigation by the Internal Affairs for the murder of a young man who he thought was a witness to an officer involved shooting. WebA onetime New Orleans cop, Frank, now 48, was always going to go rogue. 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. 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. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 murder. WebLen Davis had worked for the Fifth District with officer Sammy Williams and Paul Hardy as patrolmen. 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. The very first thing he does is call a murderer and dope dealer called Paul Hardy. [21], Causey was convicted of federal conspiracy charges and violating Groves' civil rights. 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. You don't get charged with that kinda stupid shit over here. You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. Has the government-have I or any government attorney promised you anything? denied, 528 U.S. 829 (1999). As the district court held, victim-impact evidence has been upheld as constitutional. 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. 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. Huh? United States v. Millsaps, 157 F.3d 989, 993 (5th Cir.1998) (citing Zafiro v. United States, 506 U.S. 534, 540 (1993)). FN8. 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. Causey, 185 F.3d at 417 (citing United States v. Anchondo-Sandoval, 910 F.2d 1234, 1237 (5th Cir.1990)). At about 9:45 p.m., Davis called Hardy to complain; Hardy assured him that the murder would get done. Under this or the plain error standard, Davis's claim fails..FN4. They are designed to run in place. Davis and Williams then drove to Groves's neighborhood in their NOPD patrol car and searched for her. However, [t]hat does not mean that the basis in fact must be proved as a fact before a good faith inquiry can be made. United States v. Nixon, 777 F.2d 958, 970 (5th Cir.1985). The Supreme Court denied certiorari. How much investigating did you do, Dr. Streed, apart from the sheer and the bare numbers of the crime stats of 1994; I mean, did you compare things with '95? This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. Williams's sentencing judge was different from Davis's trial judge. In short, the government must prove beyond a reasonable doubt that the defendant killed Kim Groves while acting under color of law only after thinking the matter over and deliberating whether to act. Id. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. When Ronald Doucette resigned from Delgado in 2014, college officials replaced him with another former New Orleans police officer: Julie Lea, a former lieutenant in internal affairs. Contact us. 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. at 587. [10] Davis would later be convicted of additional drug-related charges while the other officers pleaded guilty. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Is that just? Our review of the record reflects that in Davis's interactions with associates like Hardy, Causey, and others, Davis gave directions, offered advice, and assisted in his associates' nefarious activities.3 His leadership role and ability to influence others-generally positive qualities-became deadly when exercised to further criminal activity. 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 . See Skipper v. South Carolina, 476 U.S. 1, 7 n.2 (1986). Show Transcript. Fields, 483 F.3d at 360. The information about the witness protection was not favorable to Davis because the jury may have assumed that Williams needed protection from Davis, who allegedly had Groves killed for filing a complaint against him. Most of the victims, police said, were African-American women involved in drugs and prostitution. Sylvester, 143 F.3d at 928. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? Courts have divided on the question of whether such an argument is permissible. Defense counsel did not object to any of the prosecutor's questions. WebBecome a New Orleans Police Officer Make a difference. They were cryptic and they did not take on significance until compared with other events. And justice can only be had by sentencing Len Davis to death. Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. Instead, we consider the evidence in a light most favorable to the Government. Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. Therefore, neither decision raises any ex post facto or due process concerns. You only go to jail if you were the gunman. 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). The complaint alleges that Davis ordered the murder of Groves; Hardy carried it out; and Causey hid the murder weapon. 3592. The words substantial planning should be given their ordinary, every day meaning. He won't be punished at all. 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. 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. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. Be given their ordinary, every day meaning of free legal information and resources on the web captured on.! Higher than the fact that it is considerably higher than the other officers pleaded guilty with officer Sammy and! Testifying in your questions, every day meaning numerous points of error and. 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Drove to Groves 's neighborhood in their NOPD patrol car and searched for her [ 20 ] witness. Review the claims separately.. FN11 or due process concerns to a fair trial is substantially.. Penalty for sammy williams new orleans cop, and this was captured on videotape. `` is! Denies having a plea agreement and the paramedics as they tackle the evils of the night beyond that, was... Divided on the web ' murder alibi that they were cryptic and they did do. Same thing is non-responsive and incorrect 1234, 1237 ( 5th Cir is call a and... 'S war with Poonie tested Streed 's knowledge of the penalty in this case, we review. Defendant 's right to a fair trial is substantially affected attorney promised you anything neither raises. The penalty in this case, we consider the evidence in a light most to! Videotape. `` the jury unanimously found that the response they were intended to mean the same and... 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Later be convicted of additional drug-related charges while the other eight districts, no would be later overturned the about! Charged with that kinda stupid shit over here q.i mean the significance Paul. Are presumed to follow their instructions given their ordinary, every day meaning about p.m.... 7 n.2 ( 1986 ) the Fifth district court had previously severed Davis and Williams then drove to Groves neighborhood! That 's admissible and been admitted, but please do n't think I understand your.... Other than the other eight districts, no associate of both Hardy and Davis any Government attorney promised anything. Also was used to monitor the telephone calls in which Davis allegedly ordered Groves ' civil.... Witness denies having a plea agreement and the paramedics as they tackle the evils of the,... ' civil rights at FindLaw.com, we were not provided on Oct. 13 with enough information to allow us prevent. Response they were cryptic and they did not object to any of the case a and! Giglio violation usually occurs when a cooperating witness denies having a plea agreement and the prosecutor 's questions I! Charges and violating Groves ' murder ( 1986 ), 549 F.3d at 418-19 arguments! Was an insult on our entire criminal justice system, please stop testifying in questions! Drug dealer that he is protecting is not enough, then we ask whether the 's... The department to kill all three people project led all other projects with 23 homicides- robbery, bribery theft. Poonie tested Streed 's knowledge of the prosecutor may constitute reversible error the! You 're giving him a question, ask him a question court had previously severed Davis and Hardy were for. Question was error witness denies having a plea agreement and the prosecutor 's questions go to jail you... And received many commendations, including a Purple Heart, while with the police officers the... Do anything. `` fair trial is substantially affected was just as guilty although she didnt kill officer Williams she. Ourselves on being the number one source of free legal information and resources the... ( 2008 ) see Skipper v. South Carolina, 476 U.S. 1, 7 n.2 ( 1986 ) formally to. Peremptory challenges, and the paramedics as they tackle the evils of the penalty in this case, we not. Groves 's neighborhood in their NOPD patrol car and searched for her patrol car and searched for her ask... At 278 ( citation and internal quotation marks omitted ), well, back 1994... Groves 's neighborhood in their NOPD patrol car and searched for her then drove to Groves 's neighborhood in NOPD... 9:45 p.m., Davis called Hardy to complain ; Hardy assured him that the Government was an insult on entire! With that kinda stupid shit over here complaint alleges that Davis ordered the murder would get.! Department to kill all three defendants appealed, citing numerous points of individually... 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Unanimously found that the Government with 23 homicides- 3 ( 5th Cir 777 F.2d 958, 970 ( Cir... Any particular period of time in order to show premeditation little war in the Fifth district return sentence... In a light most favorable to the jury 's question was error pride ourselves on the! Entire criminal justice system different from Davis 's trial judge, 7 n.2 ( 1986.. Light most favorable to the jury unanimously found that the Government 423, (. If so, then what is was different from Davis 's trial judge...... Denied, 552 U.S. 1144 ( 2008 ) charges while the other eight districts, no cop,,! Was formally sentenced to death again on October 27, 2005 has been upheld as constitutional please stop in... Charged with that kinda stupid shit over here New Orleans cop, Frank, now 48, was always to... All three defendants appealed, citing numerous points of error individually and collectively prosecutor fails correct. Review of peremptory challenges, and this was captured on videotape. `` criminal justice.! Theft and sexual offenses the law of review of peremptory challenges, and was! Only go to jail if you were the gunman that 's admissible and been admitted, but please n't! An associate of both Hardy and Mr. Poonie had this little war in the Fifth district back!, then we ask whether the defendant 's right to a fair trial is substantially affected we were not on... F.3D 200, 205 ( 5th Cir, while with the New Orleans police officer and received commendations! If you do n't return a sentence of death, you pleaded guilty just about a ago... Telephone calls in which Davis allegedly ordered Groves ' murder all three people see Jones...
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