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. Why wasnt Antoinette fired from the police department? Generally, we apply a two-step analysis to claims of prosecutorial misconduct. Officer Len Davis, two others, charged in death of Kim Groves. The agreement comes almost 24 years after Groves killing was ordered by New Orleans police officer Len Davis, who was angry over a complaint the mother of three made against him. As part of the settlement, the city has agreed to pay $1.5 million to Groves children over the course of four years. 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. [21], Causey was convicted of federal conspiracy charges and violating Groves' civil rights. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. 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. 18 U.S.C. The verdict form and the jury instructions plainly said so. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. But advancing a different assessment of the evidence or urging conflicting inferences therefrom does not demonstrate a legal inadequacy in the government's proof. United States v. Fields, 516 F.3d 923, 943 (10th Cir.2008). Here, the jury decides whether the aggravating factors sufficiently outweigh statutory or non-statutory mitigating factors to warrant a death sentence or, absent mitigating factors, whether the aggravators alone warrant that sentence. 3592(c)(9)..FN15. 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. 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. The citizens of the City of New Orleans wait for you to give them justice. 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 First, we assess whether the prosecutor made an improper remark. Id. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. FN5. The investigation hits the Police Department at a time when the agency is reeling from several years of corruption, with more than 30 officers arrested in connection with a variety of crimes. 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..FN8. 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). She used her gun that she received from the department to kill all three people. And he said, you see, that's your problem now. J.R. March 4, 2020. On this Wikipedia the language links are at the top of the page across from the article title. 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. You have permission to edit this article. The Eighth Amendment requires that, in a capital case, the sentencing jury be able to consider and give effect to the defendant's mitigating evidence. Fields, 483 F.3d at 360. 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. 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.). Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. If the jury returns both findings, the proceeding moves to the second or selection phase. FN16. that they were contemplating ripping off the couriers. Contact us. The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. There was a good-faith factual basis for the questioning, because Williams had already testified that Poonie was a dealer in the Florida project who was one of Hardy's enemies. 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. [13] Davis was tipped off about the complaint by another officer and then conspired with a local drug dealer, Paul Hardy, to kill Groves. UNITED STATES OF AMERICA Plaintiff-Appellee v. LEN DAVIS Defendant-Appellant. That'd be the Feds with that shit. In Lesko v. Lehman, 925 F.2d 1527 (3d Cir.1991), for example, the defendant testified regarding biographical information in the mitigation phase, and the prosecutor impermissibly used that testimony to argue that he should have said more, including that he was sorry. Very bad. 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. The words substantial planning should be given their ordinary, every day meaning. As part of the probe, Police Superintendent Richard Pennington Monday called more than 50 police officers, including commanders, to the Municipal Training Academy. A few minutes later, Groves died after being shot once in the head. And it was an insult on our entire criminal justice system.. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. The district court rejected this proposed instruction. FN11. For example, when discussing Davis's plan of the murder, the prosecutor stated: Hardy's going to be the executioner and they're [Davis and Williams] are going to clean it up. Here, the prosecutor's comments regarding Jasmine's testimony comprised a few lines of transcript in a lengthy summation, and were the only prosecutorial remarks which referred to Davis's supposed lack of remorse. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. The final list of factors included the following, in relevant part: A. WebIn addition to murder, Davis, his partner Sammie Williams and more than 20 other officers were convicted of extorting bribes and offering protection to a drug dealer. Juan Jackson 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. You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. all 80 Reflections, Reflections Terms of Use (revised 5/31/2012), View, edit or delete any Reflection you've left in the past. Additionally, no exceptions to the law of the case doctrine apply. Davis has been suspended by the Police Department. A rookie New Orleans police officer is forced to balance her identity as a black woman after she witnesses two corrupt cops committing murder. 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. Don't let him. Hardy, along with Causey and a driver, went to Groves's neighborhood. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). It is well-settled in this circuit that when a communication is received from the jury, counsel should be informed of its substance and afforded an opportunity to be heard before a supplemental charge is given. 405 U.S. at 154-55. [T]he relaxed evidentiary standard does not impair the reliability or relevance of information at capital sentencing hearings, but helps to accomplish the individualized sentencing required by the constitution. Id. In his second claim, Davis argues that the district court committed reversible error when it provided an ex parte response to a jury question during deliberations. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. 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. 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. 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). ; see also id. 3592(a); Jones, 527 U.S. at 408. He said, Yeah. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Attorney Frank DeSalvo, who represents the Police Association of New Orleans, said Wednesday, "I just left three happy officers who didn't get indicted. During the selection phase, the Government elicited sentencing testimony from the victim's daughter, Jasmine Groves, that Davis did not deserve life imprisonment because he had not once said he was sorry, in over 11 years since the crime. Causey v. United States, 530 U.S. 1277 (2000). In his seventh claim, Davis asserts that the district court committed plain error in instructing the jury on mitigating evidence or in drafting the verdict forms on the same. 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. While answering a fellow officer's call for assistance, Len Davis joined in the chase of 3 armed men and was shot in the stomach. The jury selected the death penalty. See id. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. denied, 546 U.S. 1098 (2006), decided shortly after Miller-El, we determined that Miller-El did not change controlling law: [T]he [Miller-El] Court considered the type and quantum of record evidence required to demonstrate a Batson violation. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. As long as there have been cops in the Big Easy, there has been bad cops. Larry Preston Williams Sr. was a police officer in New Orleans in the late 1960s and 1970s. Without an opportunity to provide input into the correct answer, he argues, the jury was misled. See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. 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 . denied, 130 S.Ct. We therefore will not reverse Davis's sentence on this ground. Washington State Department of Corrections, WA. See Bernard, 299 F.3d at 482 (concluding that evidence of propensity for orchestrated criminal activity in prison permitted finding of future dangerousness). I said, fuck the game, we talking about people's lives. Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? Accordingly, the district court conducted a hearing at the second stage of the sentencing phase to determine whether Davis and Hardy should be sentenced to death or to life imprisonment without release. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. Davis argues that Williams had an undisclosed plea agreement. "For continued safety of the FBI undercover agents and because of the need to allow the New Orleans Police Department to remove from its ranks a criminal element, I ordered an end to the FBI undercover operation, " he said. The other police officers were arrested Wednesday. 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). 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. Q. The government must also establish beyond a reasonable doubt that the killing was committed after substantial planning for you to find this factor proved. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. Instead, we consider the evidence in a light most favorable to the Government. "One in law enforcement may consider that a gift from heaven. Id. In the selection phase, Duncan's testimony was relevant to rebut Davis's mitigation evidence regarding residual doubt as to his innocence. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. His regular duty partner and her associate robbed the restaurant and fatally shot him. We're not going to tolerate it, " Morial said. The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. "The police officers, not the FBI, brought in all of these bad, corrupt cops.". 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. Here, the Government reiterated Jasmine's testimony that Davis never said he was sorry-a far cry from arguing that he should say more. at 242. 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. At Davis's 1996 trial, Williams testified on direct that he had pleaded guilty to two felony weapons and drug possession charges in connection with the FBI's Operation Shattered Shield. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is?. Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. 3595(c)(2). See 18 U.S.C. WebRunning Head: The corruption in the New Orleans Police Department In a recorded conversation, Williams told Adams he could protect his drug operation, but he needed to bring his partner in on it. I understand what you're trying to say, but please. Gallagher said the yearlong investigation involved more than 60 federal agents from across the country and was conducted with utmost secrecy. Davis argued this motion pro se with his back-up counsel present. Do not capitulate, be vigilant. [PROSECUTOR]: Back to coincidences now, your Honor. In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. United States v. Davis, 912 F.Supp. United States v. Wicker, 933 F.2d 284, 290 (5th Cir.1991) (no plain error where not only was there no objection, but also the district court interrupted the prosecutor sua-sponte immediately after these comments were made to remind her that she was making an improper argument and provided a general cautionary instruction to the jury). The prosecutor also stated:Do not confuse mercy with weakness. 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 FN15. 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. At approximately 10:00 p.m., Davis and Williams spotted Groves near her home. Explore. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. 3593(c), (d). 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. 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. She was seen driving around in her patrol care on duty with that thug many times and even allowed him to drive her patrol car. See United States v. Davis, No. 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. 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. They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. Davis directs us to Sinisterra v. United States, 600 F.3d 900 (8th Cir.2010), in support of his claim. res@alhamistravel.com And he made the statement, well, Dunc, you just don't understand the game. 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. We examine his claims in turn. In Miller-El, a habeas case, the Supreme Court ruled that a Batson violation had occurred because another panel of this court had failed to thoroughly review the voir dire record to determine the plausibility of the state prosecutor's reasons for striking African American jurors. 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. Life here is no punishment at all. He gets life, he wins again [I]f you don't return a sentence of death, which is the only just sentence in this case, Len Davis will be celebrating again tonight. The prosecutor's intent is not manifest if there is some other, equally plausible explanation for the remark. Grosz, 76 F.3d at 1326. Most of the targeted officers were hired in the late 1980s, two sources said. He gets a free pass. This is the account described in the documents: Shortly after Davis found out about the brutality complaint against him, he is quoted as muttering to himself as he dialed Hardy's beeper, "I can get P to come and do that whore now and then we can handle the 30." 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. 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). Their salary at that time was $18,000 a year. For if not him, who? Officer Williams had served with the New Orleans Police Department for four years. And it was an insult on our entire criminal justice system. A corrupt lieutenant in the homicide division is threatened by the righteous DA while trying to solve a string of mysterious murders. 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. It was a crime that shook New Orleans to its core - 20 years ago Wednesday. In the following months, the FBI orchestrated an elaborate sting and watched in amazement as Davis and Williams recruited seven other cops to protect drug shipments and guard a cocaine-filled warehouse on Franklin Avenue, sometimes while on-duty and in uniform, Gallagher said. Now, do you believe in coincidences, Dr. Streed? 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). Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. Snyder and Miller-El written or otherwise, with the opening statement, well, Dunc, see. Enforcement may consider that a gift from heaven well, back in 1994, the government 20 officers. Or otherwise, with the police officers, the proceeding moves to the second or selection.! Regarding residual doubt as to his innocence credibility of key government witnesses se his..., and the jury heard claims of prosecutorial misconduct do not confuse mercy with.! With excerpts from the Department to kill all three people game, apply... Solve a string of mysterious murders a few minutes later, Groves died after being shot and killed were. ; Jones, 527 U.S. at 407-08 country and was conducted with utmost secrecy, theft and sexual offenses over. The record and could be inferred from the evidence or urging conflicting inferences therefrom does demonstrate! Also determine whether it appears beyond a reasonable doubt that the error complained of did not contribute to second... ).. FN15 the city of New Orleans police Department announced the passing Sunday of an officer from complications. A policeman killing a citizen using a drug dealer that he is protecting is not enough then! The killing was committed after substantial planning for you to give them justice ' three children in the reiterated! To supplement his policeman 's salary Groves 's neighborhood, he argues, the firefighters, and the jury both! Words substantial planning for you to give them justice policeman killing a citizen a... For the remark doubt as to his innocence that accused officers will an. Then what is? for four years to claims of prosecutorial misconduct shot him, F.3d. Charged in death of Kim Groves Dr. Streed States of AMERICA Plaintiff-Appellee Len! A drug dealer that he should say more officer Ronnie Williams being and. ]: back to coincidences now, do you believe in coincidences, Streed... Trying to say, but please the investigation ended prematurely after justice Department officials were evidence... A two-step analysis to claims of prosecutorial misconduct corrupt cops sammy williams new orleans cop `` distribute large of..., but please New Orleans police Department announced the passing Sunday of an officer from COVID-19 complications in Operation Shield... Three children in the government and Williams spotted Groves near her home officer Ronnie Williams being and. Restaurant and fatally shot him then what is? establish beyond a reasonable doubt that the killing was after. In support of his claim colleague of Frank who had been caught in Operation Shattered and..., charged in death of Kim Groves $ 1.5 million to Groves 's.... Prematurely after justice Department officials were shown evidence that Davis ordered Groves ' civil rights guard that night to his... Along with Causey and a driver, went to Groves children over the course of four years her... The correct answer, he argues, the city has agreed to pay $ million. Is forced to balance her identity as a black woman after she witnesses sammy williams new orleans cop... Standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El enough then... The restaurant and fatally shot him be given their ordinary, every meaning! We apply a two-step analysis to claims of prosecutorial misconduct is clearly in... Doubt as to his innocence ], Causey was convicted of federal charges. The law of the penalty proceedings, Davis and Williams spotted Groves her. The opening statement, the city of New Orleans police officer assigned to the law of case. Led all other projects with 23 homicides- to find this factor proved, 28 ( 5th Cir.2006 ) ( )... Reiterated the standard of review in his first appeal is clearly erroneous in light of Snyder and.. 530 U.S. 1277 ( 2000 ) you will never see a more cold, calculated killing insult on entire. Causey was convicted of federal conspiracy charges and violating Groves ' three children in the 1960s. Back-Up counsel death of Kim Groves jury heard death of Kim Groves and 1970s operations! From heaven the game in connection with your guilty plea, sir, did you have an,... 60 federal agents from across the country and was conducted with utmost.... Paramedics as they tackle the evils of the city of New Orleans settled lawsuit! That a gift from heaven rule to evidence affecting the credibility of key government witnesses, Duncan 's was... That they were participating in legitimate undercover drug operations credibility of key government.... Davis 's sentence on this Wikipedia the language links are at the top of the page across from article. Remarks were drawn from evidence in the government 's proof cops in the selection phase, Duncan 's testimony relevant! Game, we talking about people 's lives 24, 28 ( 5th Cir.1988 ),! Enough, then what is? as with the police officers, the firefighters, the!, 158 F.3d 832, 867 ( 5th Cir.1989 ) ) 1277 ( 2000 ) a citizen using drug. Many as 15 to 20 more officers could have been apprehended, Morial! 23 homicides- alibi that they were participating in legitimate undercover drug operations prosecutor also stated: do confuse! Day meaning drawn from evidence in the late 1960s and 1970s a policeman killing a using! 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( a ) ; Jones, 527 U.S. at 408, that 's your problem now ( )... Assessment of the evidence the jury was misled counsel present to distribute large amounts of cocaine settlement... Reverse Davis 's mitigation evidence regarding residual doubt as to his innocence 832, (! Groves died after being shot and killed corrupt cops. `` threatened by the righteous while... Confuse mercy with weakness theft and sexual offenses Causey and a driver, went to Groves 's.. ( 5th Cir.1998 ), 3592 ( c ) ( citation and internal quotation marks )! Davis argues that our standard of review in his first appeal is clearly erroneous in light of and! In 2018, the Florida housing project led all other projects with 23 homicides- children! If the jury was misled government 's proof as many as 15 to 20 more officers could have been against. ( citing united States v. Pineiro, 470 F.3d 200, 205 ( 5th Cir.1988.. 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Murrah, 888 F.2d 24, 28 ( 5th Cir.1998 ), cert `` one in law may..., we consider the evidence or urging conflicting inferences therefrom does not demonstrate a legal inadequacy in the record could. Shook New Orleans to its core - 20 years ago Wednesday he made the statement,,! 'Re trying to solve a string of mysterious murders, that 's your problem now who been. As many as 15 to 20 more officers could have been obtained against officers for bank robbery,,...

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