; see also id. Williams's sentencing judge was different from Davis's trial judge..FN18. One early meeting almost led to a showdown, he said. Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. Is that just? As a result of this, we had to increase significantly the security of the FBI undercover agents.". Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. 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. FN11. When asked by the prosecutor, What did Paul Hardy do?, Williams replied: He was known in the Florida project where he resided as a drug dealer and a killer. Davis, who conducted the cross-examination,6 and his back-up counsel did not object to these statements. 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. 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. Here, in the eligibility phase, Williams's testimony was relevant to show that Davis was familiar with Hardy's criminal activities, maintained a relationship with him, and therefore was able to call upon him as an intermediary to execute Groves. About 45 minutes later, Davis called Hardy again to complain that Hardy had not killed Groves yet, and described Groves's clothing and location in detail. 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 working in a high crime area. New Orleans Police Department, LA. 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). 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. United States v. Davis, 912 F.Supp. The next day, Davis paged Hardy at about 5 p.m. Given the severity of the penalty in this case, we will review the claims separately. Here, the remark was not directed to facts outside the record or unrelated to the evidence introduced at trial. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. And I want you to listen to what I'm saying. Five of the victims were men, but some of them were reportedly transgender. You only go to jail if you were the gunman. The jury found Davis and Hardy guilty on all three counts, and found Causey guilty on Counts 1 and 2; it could not reach a verdict on Count 3 as to Causey. WebSelling Travel and Tours in an Easy Way! Davis also challenges the prosecution's cross-examination of Dr. Thomas Streed, a former police officer and now an applied psychologist, during the second or selection phase of the re-sentencing hearing. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Their salary at that time was $18,000 a year. 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. We're going to be in a holy war. at 1374. 529 U.S. at 627. ), cert denied, 546 U.S. 828 (2005)). 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. Davis requested the murder because, on or about October 10, 1994, Groves witnessed Davis's police partner, Sammie Williams, pistol-whip her nephew, Nathan Norwood, who lived in the neighborhood. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). This hybrid representation resulted from motions Davis filed regarding his right to self-representation. [14] Hardy shot and killed her on October 14, 1994, less than one day after she filed the complaint. 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). 51 (2009); Causey, 185 F.3d at 418. The special interrogatory on the verdict forms, however, asked whether he posed a threat of future dangerousness to the lives and safety of other persons in prison. (emphasis added). 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). More top cops with the New Orleans Police Department are said to be leaving. 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. 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. ", In the days after the murder, the FBI overheard Davis and others planning other violent acts, Gallagher said. 01-30656, 2001 WL 34712238, at *3 (5th Cir. 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. The Supreme Court denied certiorari. Q. The description matched what Groves had on at the time of her murder. 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. Larry Preston Williams Sr. was a police officer in New Orleans in the late 1960s and 1970s. 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. Vuelos Alquileres de vacaciones "In September, a disturbing development occurred, " Gallagher said. 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. It 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. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. 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. No juror found any mitigating factor. that they were contemplating ripping off the couriers. denied, 540 U.S. 1093 (2003). The Court did not announce any new elements or criteria for determining a Batson claim, but rather simply made a final factual and evidentiary determination of that particular petitioner's Batson claim pursuant to the demanding but not insatiable standard set forth in [the relevant statutory provisions governing habeas review]. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. 405 U.S. at 154-55. For if not him, who? 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. Sinisterra is distinguishable from the facts here, where the prosecution did not urge the jury to send a message to other criminals. . Mark Mottola. "It tells us that corruption in the Police Department is pervasive, rampant and systemic.". Nonetheless, we hold that the facts and circumstances of this case make the error harmless. "The police officers did the same, and this was captured on videotape.". And she is right. It is a cheap trick and he is attempting to manipulate you. 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? FN18. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. Police officers put their lives at risk every day in the line of duty. Therefore, the law of the case doctrine applies to foreclose review in this appeal. Duncan further testified about a conversation that he and Davis had about Hardy during a 1994 cookout at Davis's house: [DUNCAN]: Len Davis got on the phone and he told the individual on the phone, yeah, yeah, I'm home, yeah, it's just me, Dunc and Lemmie [Rodgers, another police officer], yeah, just come on over. 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. Notwithstanding our binding precedent, Davis asserts that the Supreme Court's ruling in United States v. Morrison, 529 U.S. 598 (2000) is intervening case law that brings the issue within the exception to the law of the case doctrine. He won't be punished at all. 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. In Sinisterra, a federal habeas petitioner challenged the prosecutor's closing argument in which the jury was urged to act as the conscience of the community and send a message to all other drug dealers that this community will not tolerate [crimes like the petitioner's]. 600 F.3d at 910. res@alhamistravel.com Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. Competitive law enforcement salary and excellent benefits include: Outstanding retirement plan with benefits earned in as little as five years; Affordable and quality health, vision, and dental insurance for you and your family Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. August 17, 2012. [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. . WebBecome a New Orleans Police Officer Make a difference. At the May 2001 hearing on Davis's Brady motion, Williams reiterated under oath that he did not have an agreement. March 4, 2020. 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. Streed testified on direct regarding the effects of violent criminal activity on Davis's mental and physical health. 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. A corrupt lieutenant in the homicide division is threatened by the righteous DA while trying to solve a string of mysterious murders. We rejected this claim in Davis's first appeal. Please try again. . The final instruction to the jury read, in relevant part: A killing is committed after substantial premeditation when it is committed upon substantial deliberation. Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. And justice can only be had by sentencing Len Davis to death. 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 paged Hardy. Davis's substantial rights were not affected such that a reversal of his sentences is warranted. In Snyder, a direct appeal from state court, the Supreme Court found a Batson violation when the state court failed to make a finding on the record either crediting or denying the prosecutor's reasons for challenges to African American jurors. The description matched what Groves had on at the time of her murder. [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. Causey, 185 F.3d at 413-16; see also id. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. In short, the government must prove the defendant killed Kim Groves only after substantially thinking the matter over and deciding to do it beforehand. He didn't have the decency to apologize. See Causey, 185 F.3d at 438 (Dennis, J., concurring) (Arguably, a person also has a separate defined right' protected by the Constitution not to be deprived of liberty without due process of law, and this right is also violated by having his or her life taken willfully by a state officer acting under color of law.); see also id. 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