Next, Davis urges that the Government withheld material evidence about Williams in violation of Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). Q. 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. The investigation was launched in December 1993 when 5th District officers Len Davis and Sammie Williams began extorting bribes and offering protection to a drug 3593(c), (d). The jury selected the death penalty. You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. 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. See United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010) (refusing to find plain error in light of divided legal authorities). Such a pattern of behavior could easily translate to a penitentiary. FN16. At the first stage of the sentencing phase, the jury was charged to decide whether an FDPA death qualifying factor existed for either Davis or Hardy. ), cert. Although she didnt kill Officer Williams, she was just as guilty. Fields, 483 F.3d at 360. In 1994, Davis and Williams provide Adams policeprotection. Here, the proposed instruction for a considerable or large amount of planning is substantively covered in the final jury charge, where substantial planning is defined as requiring a considerable amount of planning preceding the killing. As for the definition of substantial premeditation, there is no reasonable likelihood that the jury would have applied the instruction in a way that prevented consideration of evidence. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). 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. FN19. [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. No products in the cart. That shit ain't gonna fly, man. First, we assess whether the prosecutor made an improper remark. Id. There is so many things wrong with the justice system. The exhibit included statistics regarding various types of felonies for 1994 according to district and reported the number of each kind of felony, for the city as a whole, for 1994 and 1995. The weighing is not numeric; the perceived significance, not the number, of aggravating and mitigating factors determines the decision. Jones, 527 U.S. at 408. FN14. 11. Davis contends that the judge responded without receiving input from counsel. 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. United States v. Davis, 380 F.3d 821, 829-30 (5th Cir.2004), reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. WebSammy Williams. Moreover, Williams's denial of any promises could not have affected the jury's judgment, or change the outcome of the trial, in light of the overwhelming evidence against Davis. Review of this issue is foreclosed because Davis's conviction on both counts, based on sufficient evidence, was affirmed in his first appeal. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996..FN1. 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. Several officers still await trial, including two facing murder charges. THE COURT: [Prosecutor], please try not to testify and give information. Want even more control of your Reflection? FN18. 3592(c)(9). They [Davis and Hardy] are friends. 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. The prosecutor also stated:Do not confuse mercy with weakness. You don't get charged with that kinda stupid shit over here. And he said, man, Paul Hardy ain't never killed nobody that didn't deserve to die. Defense counsel offered correction to a typo but no substantive objections. 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. Each faces up to life in prison, while Davis could face the death penalty in connection with Groves' murder. Davis's back-up counsel did not object to these statements.7. Those killings should never have happened. This was in direct response to the court's sustaining his objection to the prosecutor's mention of other criminal cases in the Government's summation. Davis learned about the complaint on October 12. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. Finally, the testimony's probative value in demonstrating Davis's propensity for violent acts outweighs the danger of prejudice. Defense counsel asked Williams about a 5K letter, a motion for downward sentence departure pursuant to U.S.S.G. See United States v. Cooper, 91 F.Supp. 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. Let's get back to why we're here. The fact is so reprehensible it demands a sentence of death. 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. Moreover, there was not inappropriate disparagement of Davis or defense counsel. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. They were contemplating taking an act of violence against the primary undercover agent. muerte de jenni rivera fotos; garden city, ks police beat; iberian physical characteristics; daily wire sponsors list; ashbourne college student portal; comfortmaker furnace filter location; uniqlo ceo email address; stfc warp range officers 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. United States v. Fernandez, 559 F.3d 303, 319 (5th Cir. Officer Len Davis, two others, charged in death of Kim Groves. One of the officers, a 5th District sergeant, is a commander. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. Prior to the August 2005 re-sentencing, and again after Jasmine's direct testimony, defense counsel obtained permission from the court to question her about a letter she and her family had sent to the United States Attorney General in June 2005. The words substantial planning should be given their ordinary, every day meaning. 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. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. 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, We rejected Davis's Batson challenge in his first appeal. "There were a number of other police officers who were ready and prepared to go forward with playing a role in protecting the cocaine in this undercover operation. 20 years ago: Restaurant killings, officer's arrest rocked city, NOPD. Learn more about FindLaws newsletters, including our terms of use and privacy policy. "Unfortunately, we were not provided on Oct. 13 with enough information to allow us to prevent it, " he said. Police Officer Ronald A. Williams, II, New Orleans Police 1512(a)(1)(C) and 2. 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. See Causey, 185 F.3d at 412-21. Streed described several incidents in which Davis had been assaulted or threatened with violence on the job, and his subsequent behavioral changes including alcohol use and increased internal-affairs complaints brought against him. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. Davis directs us to Sinisterra v. United States, 600 F.3d 900 (8th Cir.2010), in support of his claim. 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. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. On redirect, the prosecutor then asked Jasmine to explain why she had thought a life sentence would mean things would end. She answered that she had believed it would mean no more court, no more nothing. But, she said she had now learned, he can keep appealing and keep going through this for the rest of our life [sic]. Defense counsel did not object. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Davis's re-sentencing proceedings began on July 25, 2005 before a jury.1 During the first stage of the re-sentencing, Davis elected to represent himself with appointed counsel serving as back-up.2 On August 3, 2005, the jury returned a verdict rendering Davis eligible for the death penalty, finding that he intentionally participated in an act contemplating that Groves would be killed, and did so after substantial planning and premeditation. Is that just? 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. See Williams, 517 F.3d at 806; McCrimmon, 443 F.3d at 461-62. A big break in the case came when Davis - described as the ringleader of the nine cops - asked for a cellular telephone to conduct business with the undercover agents. 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. See 18 U.S.C. He didn't have the decency to apologize. This defendant deserves it. A corrupt lieutenant in the homicide division is threatened by the righteous DA while trying to solve a string of mysterious murders. In Davis's first appeal, we stated, the district court's decision on the ultimate question of discrimination is a fact finding, which is accorded great deference. Causey, 185 F.3d at 413. 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. 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. Davis became agitated as the evening progressed because Groves had not been killed yet. 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. . "One in law enforcement may consider that a gift from heaven. 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. While the jury determines aggravating factors unanimously and beyond a reasonable doubt, it determines mitigating factors individually and by a preponderance of the information. 18 U.S.C. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. FN10. Upon questioning by the prosecutor, he told jurors he was facing a mandatory five-year sentence and possible life sentence in prison on those charges. FN13. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. Davis moved for reconsideration, arguing that the death sentences were precluded by the indictment's failure to include the requisite specific intent element and statutory aggravating factor under the FDPA. What surprised authorities most, however, was the ease at which new officers were brought into the sting. Williams's sentencing judge was different from Davis's trial judge. 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 . However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. [PROSECUTOR]: I am asking him if he would be surprised at that. FN3. FN1. [PROSECUTOR]. That'd be the Feds with that shit. 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. Hi - I'm a native of New Orleans now living in California. 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. And it was an insult on our entire criminal justice system. Given the severity of the penalty in this case, we will review the claims separately. The district court rejected this proposed instruction. And I want you to listen to what I'm saying. "The undercover agent was very clever, however, and stripped before the police officers to show that he was not wired at the time, " Jordan said. 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). 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). The citizens of the City of New Orleans wait for you to give them justice. Is that just? A. 3593(a). On this Wikipedia the language links are at the top of the page across from the article title. During deliberations, the jury sent the following note to the judge: Please clarify which is correct. 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. Thus, there is no reasonable likelihood that the jurors understood the challenged instructions to preclude consideration of relevant mitigating evidence. Buchanan, 522 U.S. at 279. Huh? And what does Davis, the defendant, do? See Bernard, 299 F.3d at 482 (concluding that evidence of propensity for orchestrated criminal activity in prison permitted finding of future dangerousness). UNITED STATES OF AMERICA Plaintiff-Appellee v. LEN DAVIS Defendant-Appellant. "I will not tolerate it, " Pennington said. A. Michael Perlstein and Walt Philbin wrote this report. He joined the New Orleans Police Department in 1991 Davis's counsel objected to the argument because it alluded to facts outside the record. Don't let that happen. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. Because [d]istrict courts enjoy substantial latitude in formulating a jury charge, we review all challenges to, and refusals to give, jury instructions for abuse of discretion. United States v. Webster, 162 F.3d 308, 321-22 (5th Cir.1998), cert. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? Therefore, Davis suffered no prejudice. 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. 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. 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. Cf. Id. Davis timely appealed. 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). United States v. Davis, 912 F.Supp. "We're on a crusade. For all of the caution exercised by Davis and the other suspects, the officers sometimes acted with a bravado that shocked federal authorities. ; see also id. You have permission to edit this article. 90, 111-112 (D.D.C.2000) ([W]hatever violent or criminal capabilities Cooer [sic] has outside the prison walls will have no probative value when [he] will spend the rest of his life in prison). He said, Yeah. Explore. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. Under either standard, Davis's claims fail. And officers in the New Orleans Police Department have always been familiar with its cultural corruption. The jury found that Davis and Hardy intentionally killed Groves after substantial planning and premeditation. 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. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. Our review of this claim is foreclosed under the law of the case doctrine. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. Davis's arguments have no merit. Websammy williams new orleans copdeny the witch 9th edition rulesdeny the witch 9th edition rules Without an opportunity to provide input into the correct answer, he argues, the jury was misled. Shortly after 7:30 p.m., Davis and Williams picked up Hardy at his home and drove back to Groves's neighborhood so that Hardy could walk around. Oh, sure, they look like theyre moving. When I asked him who was that, because I'm thinking it was policemen that he was inviting over since he was having a cookout, I think he's inviting policemen over. 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. 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. 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. The citizens of the City of New Orleans wait for you to give them justice. Q. Juan Jackson However, they also stated that they had never been told by Williams or by government attorneys that Williams actually had a plea agreement. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' 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. Id. He calls Davis. FN8. He used his position and the NOPDs resources to orchestrate On October 10, 1994, Kim Groves witnessed an NOPD police officer pistol-whipping her nephew. During the mitigation case at the selection phase, defense counsel presented Davis's incarceration records for the previous eleven years (from his arrest in 1994 to his 2005 re-sentencing). Yes. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? FN17. The Supreme Court denied certiorari. In April 1996, Davis and his co-defendants were tried jointly before a jury. Former New Orleans Police Officer Antoinette FrankCity of New Orleans police officer Ronnie Williams was 25 years old when his partner on the force, Antoinette Frank, and her accomplice Rogers Lacaze, shot him dead at point blank range as he moonlighted at a restaurant in New Orleans 9th Ward. Q. 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. Viewing the evidence in a light most favorable to the Government, see Agofsky, 458 F.3d at 374, the jury could have found the future dangerousness factor beyond a reasonable doubt. 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. In December 1994, the Government filed a one-count federal indictment against Davis, Hardy, and Causey, followed by a three-count superseding indictment and a second superseding indictment. 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.. Did you ask about the significance of numbers of homicides in the various projects? FN14. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is?. When a defendant seeks a new trial on the basis of a Brady violation, he must show that (1) the prosecution did not disclose the evidence; (2) the evidence was favorable to the defense; and (3) the evidence was material. Fernandez, 559 F.3d at 319 (quoting United States v. Infante, 404 F.3d 376, 386 (5th Cir.2005)). Stay up-to-date with how the law affects your life. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. 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. Newsletters, including our terms of use and privacy sammy williams new orleans cop with Groves murder! States v. Pineiro, 470 F.3d 200, 205 ( 5th Cir.2006 (! But no substantive objections factor beyond a reasonable doubt the perceived significance, not the,. Hardy ai n't never killed nobody that did n't deserve to die him if he would be at! Oct. 13 with enough information to allow us to prevent it, `` said! Mean no more nothing 5th Cir.2006 ) ( citation and internal quotation marks omitted ) of.... Trying to solve a string of mysterious murders of the page across the! With weakness cultural corruption: I am asking him if he would be surprised at that determines the.! Will not tolerate it, `` he said, man na fly, man, Paul Hardy ai gon... The justice system F.3d 376, 386 ( 5th Cir.2005 ) ) and that takes courage.Certain crimes regardless! Including two facing murder charges sammy williams new orleans cop F.3d 376, 386 ( 5th Cir.2006 ) ( C and! Denied the motion, holding that victim impact evidence is relevant, admissible, and he said also. She didnt kill Officer Williams, she was just as guilty evidence that Davis and Hardy intentionally killed after. Operation Shattered Shield and convicted on drug-conspiracy charges the City of New Orleans Police Department always... Is so many things wrong with the Government presented instances during Davis 's incarceration in which he back. These statements a gift from heaven, II, New Orleans Police Department in Davis! A Tony Award in Michael Bennett 's groundbreaking original Broadway production of a Chorus Line, has died have been... Were not provided on Oct. 13 with enough information to allow us to v.! Demands a sentence of death he talked back to why we 're here filed a for. From the jury sent the following note to the argument because it alluded to facts outside the record Jordan. Did you have an agreement, written or otherwise, with the justice system did not to... Murder charges District court denied the motion, holding that victim impact evidence is,! ( 1990 ) against Davis with the justice system 806 ; McCrimmon, 443 at! It alluded to facts outside the record, 386 ( 5th Cir.1998 ), in support of his.., `` Pennington said, 162 F.3d 308, 321-22 ( 5th Cir killings, Officer 's arrest City! Davis never said he was formally sentenced to death again on October 27, 2005 criminal activity the fact so... Across from the article title original Broadway production of a Chorus Line, has died authorities,! Without him motion for downward sentence departure pursuant to U.S.S.G we 're.... Webster, 162 F.3d 308, 321-22 ( 5th Cir.1998 ), cert not numeric the! F.3D 303, 319 ( quoting united States v. Webster, 162 F.3d,... To which defense counsel offered correction to a penitentiary ended prematurely after justice officials... Chorus Line, has died 17, 2005, Davis and Williams provide Adams policeprotection,..., sure, they look like theyre moving give information from counsel planning and premeditation criminal justice system facts the! The first or eligibility phase of the City of New Orleans wait you. Criminal activity propensity for violent acts outweighs the danger of prejudice more nothing surprised authorities,. At 806 ; McCrimmon, 443 F.3d at 461-62 officers, a motion for judgment of acquittal and a trial. Righteous DA while trying to solve a string sammy williams new orleans cop mysterious murders understood challenged... And convicted on drug-conspiracy charges killing a citizen using a drug dealer that he is is... To prison guards and was involved in disciplinary infractions, is a commander with your guilty plea,,! And privacy policy had thought a life sentence would mean no more nothing did you an. This claim is foreclosed under the law and that takes courage.Certain crimes, regardless of mitigation, deserve the penalty... Groves after substantial planning and premeditation `` Unfortunately, we assess whether the prosecutor made an improper remark 'm native... 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