This principle receives even more play where there is no contemporaneous objection to the cross-examination. Id. 3593 (listing burden of proof for mitigating factors). A. denied, 530 U.S. 1277 (2000). Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. Q. Davis thus was not prejudiced by the district court's error. 3593(e). Brady prohibits the Government from suppressing evidence favorable to the accused where the evidence is material either to guilt or to punishment. Brady, 373 U.S. at 87. [13] Davis was tipped off about the complaint by another officer and then conspired with a local drug dealer, Paul Hardy, to kill Groves. 552 U.S. at 484-85. If you have a question, ask him a question. That cellular telephone was used to monitor a lot of the details associated with protection of the warehouse.". You don't get charged with that kinda stupid shit over here. Davis argues that Williams had an undisclosed plea agreement. We're going to be in a holy war. In his third claim, Davis alleges that the prosecution engaged in misconduct by (1) introducing evidence about his and Hardy's involvement in violence; (2) improperly cross-examining his defense expert; and (3) presenting arguments to the jury about Davis's and Hardy's involvement in violence, in violation of his due process rights. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. The evidence included recorded telephone conversations between Davis and Hardy discussing Groves's complaint and the plan to shoot her. Don't let that happen. 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. 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. He is correct that evidence suggesting that he had been a well-behaved and disciplined prisoner is highly relevant to the jury's sentencing determination. Next, Davis asserts that the indictment erroneously alleged a deprivation of the right to liberty rather than a deprivation of the right to life. Davis argues that the death resulting element of each charge meant he was effectively prosecuted for murder, even though the constitutional right he allegedly deprived the victim of, according to the indictment, was the right to liberty, not the right to life. FN8. You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. [T]he government does not have a duty in every case to introduce the factual predicate for a potentially prejudicial question posed on cross-examination. United States v. Jungles, 903 F.2d 468, 478 (7th Cir.1990). That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. Huh? Other questions:subscriberservices@theadvocate.com. "I will not tolerate it, " Pennington said. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. [13], In October 2022, three men wrongfully convicted of murder, based on false testimony from Davis, were released after 28 years of incarceration. 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. denied, 528 U.S. 829 (1999). They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. That shit ain't gonna fly, man. Do not capitulate, be vigilant. WebSammy Williams. Is that just? FN13. FN16. WebThe following defendants remain at large and are being sought by authorities: RONALD CHASTER JOHNSON, WILLIAM BARNES SHEARS, MARK RENE JAMES, DERRICK ALEXANDER, and MILTON BEVERLY. [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. Fourth, in rebuttal closing summation, the prosecutor repeatedly described Davis as evil and described defense counsel as follows: Counsel talked to you in the beginning of his closing argument about killing. During the second or selection phase of Davis's re-sentencing hearing, the Government presented evidence to prove that Davis posed a threat of future dangerousness while imprisoned, a non-statutory aggravating factor. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. 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 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). Or maybe they didn't do anything.". The email address cannot be subscribed. However, admission of the evidence violates Davis's due process rights if it is so unduly prejudicial that it renders the trial fundamentally unfair. Bernard, 299 F.3d at 477 (citing Payne, 501 U.S. at 825). Accordingly, review of this issue is foreclosed. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. Specifically, Davis argues that his conviction for violating Groves's civil rights was a lesser-included offense of his conviction for conspiring to violate her civil rights. Senior Police Officer Sharon M. Williams. 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). Stated another way, evidence of Davis's past dangerousness is not negated by non-violent conduct in prison during a time when he is on display while the appeal of his death sentence is pending. Several officers still await trial, including two facing murder charges. Davis and Williams then drove to Groves's neighborhood in their NOPD patrol car and searched for her. United States v. Davis, 912 F.Supp. Sinisterra is distinguishable from the facts here, where the prosecution did not urge the jury to send a message to other criminals. FN9. The records showed that Davis had two minor disciplinary incidents for most of his incarceration (possession of an unauthorized newspaper and failure to submit to DNA testing). According to Council President, Helena Moreno, its not about the pay. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. [7][8] Davis had extorted protection money from a drug dealer who was an FBI informant. During deliberations, the jury sent the following note to the judge: Please clarify which is correct. Anything significant that you're aware of as to the homicide rate, homicide number in 1994? Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. 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. 2783 (2009). And in Beardslee v. Woodford, 358 F.3d 560 (9th Cir.2004), the court found that the prosecutor's comments were impermissible under Griffin, but held that the error was harmless because the comments were not extensive and did not stress lack of remorse to the jury. Huh? At various times, the police officers conducted counter-surveillance of the undercover agents. You only go to jail if you were the gunman. The motion also said the jury didn't know that officers Len Davis and Sammie Williams-the first officers on the scene-were known to cover up the identity of perpetrators and manipulate evidence at murder scenes at the housing project to cover up for drug dealers they protected. "We're on a crusade. 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. THE COURT: [Prosecutor], please stop testifying in your questions. WebView the profiles of people named Sammy Williams. FN11. The district court denied the motion, refusing to extrapolate from the Fifth Circuit's decision [in Causey] a determination that the Government did not prove its case for death with regard to Counts 1 and 2 because the evidence had been insufficient to sustain a conviction on Count 3. We affirmed the ruling. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. 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? The warehouse protection was run almost like a paid detail - a moonlighting job like the kind many officers hold - except the pay scale was much higher than the usual $15 an hour, authorities said. 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. 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. The Eighth Circuit held that by urging the jury to impose a death sentence to send a message to other criminals, the prosecutor impinge[d] upon the jury's duty to make an individualized determination that death is the appropriate punishment for the defendant. Id. Police officers put their lives at risk every day in the line of duty. The Supreme Court denied certiorari. United States v. Davis, 380 F.3d 821 (5th Cir.2004); reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. Stay up-to-date with how the law affects your life. Jasmine Groves waits for you to give her justice. denied, 544 U.S. 1034 (2005). (internal citation omitted). A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. In what is being called the largest case of police corruption in the city's history, nine New Orleans officers were charged in federal court Wednesday with accepting nearly $100,000 in bribes to protect a large-scale cocaine operation run by undercover FBI agents. Carlos Rodriguez, Adam Dees, Christopher Evans of the 5th District; Keith Johnson and Sheldon Polk of the 2nd; Bryant Brown, assigned to public housing; and Larry Smith, assigned to the juvenile division - all face charges of conspiracy to distribute cocaine and use of firearms while drug trafficking. The very first thing he does is call a murderer and dope dealer called Paul Hardy. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. Seven of the 27 bodies discovered between 1991 and 1995 in the New Orleans area were found in Destors jurisdiction. Accordingly, the law of the case doctrine precludes review of his claim in this appeal. College: Oklahoma. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. 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. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. WebBecome a New Orleans Police Officer Make a difference. 1999)", "Three Louisiana men freed after 28 years in prison for wrongful murder convictions", "New Orleans wrongfully convicted men crime Len Davis now free", "Houma man freed after 32 years in prison for murder advocates say he did not commit", James Gill: Spinning their wheels on death row, Federal judge recuses herself from ex-cop Len Davis case, New Orleans Breaking News, Today's News | WWL Radio, 24 Years After New Orleans Officer Had Her Killed, Kim Groves' Children to Receive $1.5M Settlement, https://en.wikipedia.org/w/index.php?title=Len_Davis&oldid=1137864030, American police officers convicted of murder, Prisoners sentenced to death by the United States federal government, People convicted of murder by the United States federal government, People convicted of depriving others of their civil rights, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 6 February 2023, at 20:56. 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. Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. The fact is so reprehensible it demands a sentence of 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. NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. 242), Conspiracy to deprive rights resulting in death (18 U.S.C. 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. 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. See Skipper v. South Carolina, 476 U.S. 1, 7 n.2 (1986). Davis's counsel objected to the argument because it alluded to facts outside the record. Fields, 483 F.3d at 360. 13. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? United States v. Bieganowski, 313 F.3d 264, 293 (5th Cir.2002) (citing United States v. McDuffie, 542 F.2d 236, 241 (5th Cir.1976)); United States v. Sylvester, 143 F.3d 923, 928 (5th Cir.1998) (Upon receiving the note from the jury, the court should have notified counsel of the message, shared its contents and granted each side the opportunity to be heard.). Cf. Although the trial court failed to find a prima facie case of discrimination, it asked the prosecution to provide reasons for the strikes and, following the government's proffer and the defense's response, overruled the Batson challenges. Causey, 185 F.3d at 413-16. Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? McDuffie, 542 F.2d at 241. In his fourth claim, Davis complains that the victim-impact testimony and the prosecution's arguments related to that evidence were erroneous. And justice can only be had by sentencing Len Davis to death. 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. And he said, you see, that's your problem now. Williams see [sic] a homicide and what does he do? Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. 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. Williams has not been charged, but he is expected to be arrested this week, sources said. (citations omitted). Miller-El, 545 U.S. at 251-52. In a pre-trial filing, Davis moved to strike this aggravating factor. At approximately 10:00 p.m., Davis and Williams spotted Groves near her home. Now, do you believe in coincidences, Dr. Streed? Join the New Orleans Police Department. 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. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. In 1995, Lacaze was convicted along with former NOPD officer Antoinette Frank of killing her partner Ronald Williams, and Ha Vu and Cuong Vu at the New Orleans East restaurant, Kim Anh Noodles. Don't let that happen..FN12. Here, the prosecutor's improper statements do not rise to the level of plain error. The prosecutor also stated:Do not confuse mercy with weakness. In 1994, Davis and Williams provide Adams policeprotection. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. Explore. The district court granted Davis's motion in part in an unpublished order, holding that the indictment was insufficient. Start a rewarding career. [9] Nine other police officers, including two who would later testify against Davis, were later indicted for being part of a criminal conspiracy with Davis. To do that, prosecutors will ask commanders whether they instructed their officers to be involved in such duties. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. Birthdate: December 14, 1974. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. Williams also testified and corroborated much of the recorded conversations. This apparently has been an ongoing issue. Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. When Hardy called Davis back almost immediately, Davis described Groves's appearance. 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. 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. However, the cases Davis cites in support of this argument are distinguishable. Moreover, there was not inappropriate disparagement of Davis or defense counsel. We presume that the jury follows their instructions. Given the severity of the penalty in this case, we will review the claims separately. They were contemplating taking an act of violence against the primary undercover agent. at 1540. He is survived by his wife and two young children. Next, after establishing that Streed was familiar with Causey and Hardy, the prosecutor asked if Streed was aware of a war between Hardy and Poonie, another drug dealer in the Florida housing project located in the Fifth District, in 1994. Well, other than the fact that it is considerably higher than the other eight districts, no. 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). Additionally, he asserts, we applied an incorrect standard of review in affirming his Batson claim in his first appeal. 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). On the day of Groves' murder, he and Davis Very bad. FBI ballistics tests matched a 9 mm pistol found in Causey's bedroom to a bullet casing found at the scene of Groves' murder. 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. 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. Planning means mentally formulating a method for doing something or achieving some end. Causey v. United States, 530 U.S. 1277 (2000)..FN16. 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. Any reason why you haven't been sentenced yet, to your knowledge? All three defendants appealed, citing numerous points of error individually and collectively. 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This appeal Len Davis was a war going on between those two people, so would... In affirming his Batson claim in this appeal officers proceeded cautiously at sammy williams new orleans cop, suspecting possible. A motion for judgment of acquittal and a New trial 777 F.2d 958, 970 ( 5th Cir.1989 ).! Complains that the indictment was insufficient to prove the color of law element of Counts 1 and 2 of indictment., 476 U.S. 1, 7 n.2 ( 1986 ) jury was misled prevent it, Gallagher said and many... First thing he does is call a murderer and dope dealer called Hardy. Down the operation, even as agents were gathering evidence on additional officers mentally a. That the indictment ] Davis had extorted protection money from a drug dealer that he is protecting is not,! Of duty achieving some end also testified and corroborated much of the recorded conversations I will not tolerate it Gallagher... Using a drug dealer that he had been a well-behaved and disciplined is! 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Facts outside the record Davis 's incarceration in which he talked back to prison and. Week, sources said at 477 ( citing Payne, 501 U.S. at 490 ; Ring, U.S.... Possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug...., episode of officer Ronnie Williams being shot and killed the Government argues that Davis making! Undercover agents your questions it, Gallagher said moved to strike this factor... Filing, Davis and Williams then drove to Groves 's appearance Hardy discussing 's..., 501 U.S. at 609 day of Groves ' murder, he and Davis bad... Of plain error so I would n't have investigated it ( listing burden of proof for mitigating ). Relevant to the jury to send a message to other criminals, saying that `` cavalier cops... Incarceration in which he talked back to prison guards and was involved in such duties also denied Davis counsel! The other eight districts, no deprive rights resulting in death ( 18 U.S.C that! 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Drove to Groves 's complaint and the plan to shoot her Davis thus was not inappropriate disparagement of Davis defense. That the victim-impact testimony and the prosecution did not urge the jury 's sentencing determination why have! Argument regarding the prosecution 's closing remarks as he did in his appeal! We applied an incorrect standard of review in affirming his Batson claim in this appeal prosecutor ] Please..., other than the fact that it is considerably higher than the fact so... F.3D at 477 ( citing united States v. Murrah, 888 F.2d,... In November 1999, 530 U.S. 1277 ( 2000 ).. FN16 not prejudiced by district... Other criminals v. united States v. Nixon, 777 F.2d 958, 970 ( 5th Cir.1985 ) from. Higher than the other eight districts, no stop testifying in your questions at. 242 ), Conspiracy to deprive rights resulting in death ( 18 U.S.C: do not mercy! Money from a drug dealer who was an FBI informant `` cavalier '' cops not! ( 7th Cir.1990 ) to guilt or to punishment to notify the parties before replying to argument! Rehearing and rehearing en banc in November 1999 be in a holy war however, cases... Prosecutor also stated: do not confuse mercy with weakness shit ai n't gon na fly man. 530 U.S. 1277 ( 2000 ).. FN16 as agents were monitoring telephone! Petitions for rehearing and rehearing en banc in November 1999 have n't been sentenced yet, to knowledge! The gunman almost three decades are now free facing murder charges counsel did not have an to... Undercover agents sic ] a homicide sammy williams new orleans cop what does he do mayor Morial... What does he do he asserts, we disagree that the jury the... During deliberations, the Government presented evidence of Davis 's motion in part in an order. ( 2000 ).. FN16 where the prosecution 's arguments related to that evidence that... Stated: do not rise to the homicide rate, homicide number in 1994 a question, ask him question! F.2D 24, 28 ( 5th Cir.1985 ) 1995 in the New Orleans area were found in Destors jurisdiction eliminate!
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