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. 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. We presume that the jury follows their instructions. We're not going to tolerate it, " Morial said. See United States v. Cooper, 91 F.Supp. Pennington said he immediately suspended the nine officers. "We were able to intercept some conversations among the police officers who were on the protection detail . Davis argues that this line of cross-examination implied that he and Hardy were responsible for the crime in the Fifth District. Defense counsel asked Williams about a 5K letter, a motion for downward sentence departure pursuant to U.S.S.G. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. Before re-sentencing, the defense proposed the following written jury instruction, in relevant part, regarding the substantial planning and premeditation aggravating factor submitted by the Government: Substantial Planning and Substantial Premeditation. The victim-impact testimony here did not violate Davis's due process rights. at 433-44 (Dennis, J., concurring) (discussing arguments in support of conviction under 18 U.S.C. Defense counsel offered Streed as an expert in police administration, procedures, training, supervision, and administration with particular emphasis on the description and analysis of stress affecting law enforcement officers, and particularly officer-involved use of force cases.. 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). (citing United States v. Mares, 402 F.3d 511, 515 (5th Cir. Is that just? Would it surprise you if I said it was the Florida? "It tells us that corruption in the Police Department is pervasive, rampant and systemic.". If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? 5K1 in which the Government informs the sentencing judge of a witness's cooperation. ), cert denied, 129 S.Ct. Davis's back-up counsel did not object to these statements.7. See 18 U.S.C. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. You examined as well as Mr. Davis' personnel file, crime statistics for New Orleans for the year 1994, did you not? 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). 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 [driver of the getaway vehicle], Damon Causey. It must, however, show that the defendant had a considerable period of time to become fully aware of what he intended to do and to think it over before he acted. Yes. WebSammy Williams. When Hardy called Davis back almost immediately, Davis described Groves's appearance. . The first was purely procedural because Davis's convictions had been affirmed by this court on direct appeal. Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. 2783 (2009). NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. WebView All 34,791 Memorials for the Police Officers Site. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. August 17, 2012. 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. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. Vuelos Alquileres de vacaciones Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. The description matched what Groves had on at the time of her murder. Position: OT. The prosecution stated:He's already serving life for the cocaine conviction. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In 1999, we rejected a similar argument Davis made in his first appeal when he challenged another witness's testimony regarding Hardy's drug-related violent acts: Evidence that Davis and Hardy were involved in illegal activities that included violent crimes and drug dealing was relevant to prove both opportunity and motive under the Government's theory of the case, which was that Hardy was willing to execute Groves and Davis was able to order that execution, because of their mutual involvement in these activities, and because of Davis's status as a police officer. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges..FN5. denied, 530 U.S. 1277 (2000). 3592(c)(9)..FN15. A New Orleans police officer and two other men were arrested Monday in connection with the Oct. 13 slaying of a woman, a killing federal authorities say was plotted and celebrated over phone lines tapped by the FBI. The verdict form and the jury instructions plainly said so. 241), List of death row inmates in the United States, List of inmates at the United States Penitentiary, Terre Haute, List of killings by law enforcement officers in the United States prior to 2009, "Baumgartner Death Sentences 22 Sept 2019", "Len Davis sentenced to death for murder of Kim Groves", "Officer Len Davis, two others, charged in death of Kim Groves", "Law & Disorder - Timeline: NOPD's Long History of Scandal", "Len Davis convicted of running cocaine protection racket", "Len Davis, eight other New Orleans police officers, charged in drug sting", "9 New Orleans Police Officers Are Indicted in U.S. Drug Case", "A murder 20 years ago marked low point for NOPD", "City to pay $1.5M to Kim Groves' children, 24 years after NOPD officer had her killed", "Len Davis, triggerman convicted of capital murder in death of Kim Groves", "Ex-officer convicted for 1994 hit wants federal judge back", "FindLaw's United States Fifth Circuit case and opinions", "Murderous ex-cop has no fool for a client: An editorial", "Len Davis, Petitioner v. United States of America", "Hit man who killed Kim Groves in 1994 is sentenced to life in prison", "United States of America, Plaintiff-appellee, v. Damon Causey, Defendant-appellant.united States of America, Plaintiff-appellee, v. Paul Hardy, Also Known As P, Also Known As Cool; and Len Davis, Defendants-appellants, 185 F.3d 407 (5th Cir. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. Create a free ODMP account now for these benefits: Create an account for more options, or use this form to leave a Reflection now. Davis did not appeal this ruling. [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. 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. FN12. McCrimmon, 443 F.3d at 461-62. 18 U.S.C. 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. One of his contacts was Hardy, a man who was arrested but cleared in two previous New Orleans killings and is described in the complaint as the leader of a violent drug gang. "I will not tolerate it, " Pennington said. We also determine whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained. Hall, 152 F.3d at 406 (citing Chapman v. California, 386 U.S. 18, 23 (1967)); see also 18 U.S.C. A corrupt lieutenant in the homicide division is threatened by the righteous DA while trying to solve a string of mysterious murders. The citizens of the City of New Orleans wait for you to give them justice. As a result of this, we had to increase significantly the security of the FBI undercover agents.". Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him..FN7. NEW ORLEANS The New Orleans Police Department asked the public to pray for the family and friends of a police officer who contributed 30 years of her life working for the public. The officers indicted Wednesday - Davis, Williams, Sgt. Huh? We're going to clean this department up.". Davis's substantial rights were not affected such that a reversal of his sentences is warranted. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). Start a rewarding career. Davis has been suspended by the Police Department. The fact is so reprehensible it demands a sentence of death. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. For if the defendant thinks of Kim Groves at all, it is only to ponder how he could have done this murder better. 242), Conspiracy to deprive rights resulting in death (18 U.S.C. Pennington, appointed in October, was briefed about the probe in November, the sources said. Each faces up to life in prison, while Davis could face the death penalty in connection with Groves' murder. Follow the men and women who keep the citizens of New Orleans safe during the night. 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. Jasmine Groves waits for you to give her justice. Further, the district court clearly instructed the jury at the beginning and end of both phases of the re-sentencing hearings that counsel's arguments are not evidence. Me and my attorney asked the judge18 to allow us the opportunity-allow me the opportunity to cooperate before being sentenced. His wife and children are in our thoughts. 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). This defendant deserves it. Therefore, Davis suffered no prejudice. FN17. Why wasnt Antoinette fired from the police department? 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. 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. The Supreme Court denied certiorari. [PROSECUTOR]: I am asking him if he would be surprised at that. Davis asserts that the Government's evidence amounts to no more than him placing phone calls to protect Hardy's violent crimes or to recruit others in a drug conspiracy and not to actual acts of violence. This briefing is insufficient for the purposes of Federal Rule of Appellate Procedure 28(a), and therefore the issue is deemed waived. Show Transcript. The ultimate question before us, however, is not the impropriety of the prosecutor's remarks but whether these remarks were so inflammatory that they entitle the defendant to a new trial. United States v. Lowenberg, 853 F.2d 295, 301 (5th Cir.1988). [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. 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. This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. 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. Causey was an associate of both Hardy and Davis. 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. 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). The Government appealed. Id. Further, the testimony is reliable because both witnesses testified that they were familiar with Hardy's reputation from their own interactions with him and with Davis. Davis cannot demonstrate that the remarks prejudiced him. Michael Perlstein and Walt Philbin wrote this report. If not now, when? April 11, 2012. 2. 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. Id. He won't be punished at all. You don't get charged with that kinda stupid shit over here. He gets a free pass. FN12. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. FN17. 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). 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 Causey, 185 F.3d at 419. Therefore, we affirm the jury's finding on the future dangerousness factor. I also read that the thug was asking for a new trial. 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). See 18 U.S.C. Maybe there wasn't enough evidence. March 4, 2020. He won't be punished at all. 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. Davis argued this motion pro se with his back-up counsel present..FN19. No products in the cart. This argument is also unavailing. We rejected this claim in Davis's first appeal. FN2. 18 U.S.C. 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). J.R. March 4, 2020. Shortly before Davis's re-sentencing hearing, the defense proposed sixteen mitigating factors for submission to the jury, listed here in relevant part: 1. Well, I'm hoping the government informs the judge of my cooperation and, as a result, he [the sentencing judge] will give me a lesser sentence than he otherwise may impose on me. First, as to the prosecutor's argument that a life sentence would not be adequate punishment because Davis was already serving a life sentence for drug offenses, we conclude that any failure by the district court to correct the remarks was not plain error. 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. ( discussing arguments in support of conviction under 18 U.S.C her murder both Hardy and Davis ]! Been caught in operation Shattered Shield and convicted on drug-conspiracy charges.. FN5 killing a using... 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