Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). 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). In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. 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. And she is right. 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. You recall the events of September 30th, 1994, Williams described to you. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. Show Transcript. United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. A. Davis argues that intervening case law has created a contrary decision of the applicable law such that the law of the case doctrine does not apply. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. Causey, 185 F.3d at 413-16; see also id. 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. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. The prosecution stated:He's already serving life for the cocaine conviction. However, [w]e recognize that an error of this kind may, depending on the facts and circumstances of the case, be harmless. Id. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. The prosecutor then asked Williams: Q. FN12. [A] prior decision of this [C]ourt will be followed without reexamination unless (i) the evidence on a subsequent trial was substantially different, (ii) controlling authority has since made a contrary decision of the law applicable to such issues, or (iii) the decision was clearly erroneous and would work a manifest injustice. Williams, 517 F.3d at 806-07 (citations omitted); Becerra, 155 F.3d at 752-53. Penry v. Johnson, 532 U.S. 782, 797 (2001). Davis also places much weight on evidence of his violence-free prison record during the 11 years between his arrest in 1994 and his sentencing in 2005. And it was an insult on our entire criminal justice system. For if not him, who? 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). On this Wikipedia the language links are at the top of the page across from the article title. Hi - I'm a native of New Orleans now living in California. Id. Davis asserts that the Government's evidence amounts to no more than him placing phone calls to protect Hardy's violent crimes or to recruit others in a drug conspiracy and not to actual acts of violence. Because Davis failed to object to the verdict forms or the portion of the jury instructions pertaining to mitigation, this court reviews for plain error. We're not going to tolerate it, " Morial said. In April, the officers agreed to protect a drug shipment, then stunned an agent posing as a big-time cocaine dealer by showing up in uniform, Gallagher said. Accordingly, review of this issue is foreclosed. The government must also establish beyond a reasonable doubt that the killing was committed after substantial planning for you to find this factor proved. Davis alleges eight points of error in the re-sentencing hearings. 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. 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. Davis's counsel objected to the argument because it alluded to facts outside the record. And what does Davis, the defendant, do? Specifically, we held that omission of the FDPA elements from the indictment was harmless error, and overruled the district court's findings to the contrary. A Giglio violation usually occurs when a cooperating witness denies having a plea agreement and the prosecutor fails to correct the misstatement. United States v. Williams, 343 F.3d 423, 439 (5th Cir. 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)..FN2. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. 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. Other questions:subscriberservices@theadvocate.com. To establish that Davis had worked in a high-crime area, defense counsel showed Streed two pages of crime statistics, which revealed that the Fifth District, where Davis was assigned after 1989, was a higher crime zone than any other NOPD district and in 1994 had one-third of all the city's homicides. The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. Moreover, we have previously held that [a]though the prosecution may not appeal to the jury's passions and prejudices, the prosecution may appeal to the jury to act as the conscience of the community. Jackson, 194 F.3d at 655 & nn.54-56. This is precisely what the prosecution did here. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. At the May 2001 hearing on Davis's Brady motion, Williams reiterated under oath that he did not have an agreement. Miller-El does not even address the standard of review.17 And Snyder, in fact, restates the same standard: On appeal, a trial court's ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous. 552 U.S. at 477. 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. denied, 130 S.Ct. at 423. The fact is so reprehensible it demands a sentence of death. Hardy, along with Causey and a driver, went to Groves's neighborhood. Finally, the prosecutor argued other facts, such as [t]he death penalty was an act [sic] for murderers like this and murderers like Len Davis. During that jury selection, the prosecution used peremptory challenges to remove nine of ten African-American women and two of four African-American men from the pool of qualified jurors from which the 12-member jury was selected. A. The court overruled Davis's objection to the instruction that, to prove premeditation, [t]here is no requirement that the government prove that the defendant deliberated for any particular period of time. The jury ultimately found this factor proven beyond a reasonable doubt for each of the two counts of conviction. Huh? WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. And it was an insult on our entire criminal justice system.. Well, I haven't seen the, you know, the previous years' crime statistics, so I'll accept that, but I don't know that that's true. 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). During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. 2. 01-30656, 2001 WL 34712238, at *3 (5th Cir. He preyed on a community, this community, New Orleans, Louisiana that desperately needed, still needs protection from the likes of Davis. If anybody kills somebody in the Florida, who is the first one they think of? ; see also United States v. Hillsman, 480 F.3d 333, 335-36 (5th Cir.2007); United States v. Hall, 152 F.3d 381, 406 (5th Cir.1998), abrogated on other grounds by United States v. Martinez-Salazar, 528 U.S. 305 (2000). that they were contemplating ripping off the couriers. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. Vuelos Alquileres de vacaciones To establish Davis's relationship with Hardy and Hardy's reputation for violent acts, the Government presented testimony from Williams, Davis's partner in 1994 and friend since 1990, and Leon Duncan, Davis's partner before Williams.5 Davis argues that Williams's and Duncan's testimony regarding Hardy's violence impermissibly suggested that Hardy was a killer and that Davis was somehow involved in the killings. FN12. 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. Maybe there wasn't enough evidence. Third, the Government presented video surveillance from Operation Shattered Shield. Davis and Hardy were sentenced to death; Causey, to life imprisonment. Davis argued this motion pro se with his back-up counsel present. [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). The officers indicted Wednesday - Davis, Williams, Sgt. Id. 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. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. 3592(c)(9). WebView All 34,791 Memorials for the Police Officers Site. You only go to jail if you were the gunman. He didn't have the decency to apologize. We also find that no exceptions to the law of the case doctrine apply. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). I understand what you're trying to say, but please. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. "The police officers, not the FBI, brought in all of these bad, corrupt cops.". Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. Id. If not now, when? You only go to jail if you were the gunman. We vacated the district court's order, holding that failure to include the required elements was harmless constitutional error, and remanded for re-sentencing. And he said, you see, that's your problem now. Instead, we consider the evidence in a light most favorable to the Government. Davis and his partners took at 242. During rebuttal summation, the prosecution also argued that, The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. According to this argument, the surveillance recordings showed Davis as an unrepentant, narcissist killer who is willing to unleash people like Paul Hardy on the citizens of New Orleans and anybody who dared, had the audacity to dare to stand up to Len Davis. The prosecutor also stated that Davis was a police officer who routinely not only protected drug dealers and murderers but also actively counseled them on how and when to commit murder and mayhem. The prosecutor told jurors that Davis deserved no mercy, because he had misused his position as a police officer not to protect and serve the citizens of the community, but to terrorize them and to victimize them. The prosecutor argued, You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. 3593(e). The prosecution stated:He's already serving life for the cocaine conviction. Davis was among the officers involved in narcotics dealings, a federal complaint alleges. Finally, the testimony's probative value in demonstrating Davis's propensity for violent acts outweighs the danger of prejudice. UNITED STATES OF AMERICA Plaintiff-Appellee v. LEN DAVIS Defendant-Appellant. denied, 526 U.S. 1031 (1999) (waiving appellant's argument where it merely referenced pleadings filed in the district court without stating facts or legal authority in support). The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. Yes. See Bernard, 299 F.3d at 482 (concluding that evidence of propensity for orchestrated criminal activity in prison permitted finding of future dangerousness). But see United States v. McWaine, 243 F.3d 871, 873-74 (5th Cir.2001), overruled on other grounds by United States v. Cotton, 535 U.S. 625 (2002) (applying the two-step analysis where the defendant did not object to prosecutor's allegedly improper remarks); United States v. Lankford, 196 F.3d 563, 573-74 (5th Cir.1999) (same). 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. 3593(a). McDuffie, 542 F.2d at 241. Fifth, Davis claims that the Double Jeopardy Clause precludes his conviction for violating both 18 U.S.C. 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. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. Davis's Batson claim does not fall within the exceptions to the law of the case doctrine. Contrary to Davis's assertions, Morrison did not change the standard for determining whether conduct qualifies as state action, which here is synonymous with action under color of law. Rather, Morrison addressed Congress's constitutional authority to prohibit purely private conduct that does not qualify as state action or action under color of law. On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. Davis's arguments have no merit. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. What surprised authorities most, however, was the ease at which new officers were brought into the sting. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. Davis did not appeal this ruling..FN9. One of the officers, a 5th District sergeant, is a commander. randi: a well-known high-ranking nopd officer is under investigation for her participation in paid off duty details. You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. The district court granted Davis's motion in part in an unpublished order, holding that the indictment was insufficient. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. In a pre-trial filing, Davis moved to strike this aggravating factor. United States v. Davis, 912 F.Supp. The Brady/Giglio claim was correctly dismissed. Id. FN7. 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." I said, Paul, Paul Hardy? A premeditated murder is one committed upon deliberation and prior design. denied, 528 U.S. 829 (1999). After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. 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. I also read that the thug was asking for a new trial. 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. 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. Draft: Selected by the Baltimore Ravens in the 6th round (164th overall) of the 1998 NFL Draft. Generally, we apply a two-step analysis to claims of prosecutorial misconduct. [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. 01-30656, 2001 WL 34712238, at *3 (5th Cir. Is that just? 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. WebA onetime New Orleans cop, Frank, now 48, was always going to go rogue. Id. Even if there was an undisclosed agreement-for example, if the offer of witness protection can be considered an agreement-Davis still cannot show a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Severns, 559 F.3d at 278. at 1540. For all of the caution exercised by Davis and the other suspects, the officers sometimes acted with a bravado that shocked federal authorities. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. Based on its consideration of the aggravating and mitigating factors, the jury decides unanimously whether the defendant shall be sentenced to death, to life imprisonment without possibility of release, or some other lesser sentence. The district court had previously severed Davis and Hardy's re-sentencing hearings. FN8. 241 and 242 would not, as a practical matter, punish him for those offenses because he was already serving a life sentence on an earlier drug conspiracy offense.12 In rebuttal summation, the prosecutor also stated: But more importantly, as [defense counsel] told you, if you don't sentence him to death, this murder is a freebie. Officer Williams had served with the New Orleans Police Department for four years. 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. Among other comments, the prosecutor told jurors that Davis was basically the Godfather on the street to a hit squad. The prosecutor also said: He was protecting Hardy and Causey who were killing people and referred to Hardy and Causey as Davis's murdering, drug-dealing friends. According to the prosecutor, Davis made sure the coast was clear so Hardy and Causey can go do drive-bys. A rookie New Orleans police officer is forced to balance her identity as a black woman after she witnesses two corrupt cops committing murder. As the district court held, victim-impact evidence has been upheld as constitutional. 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. Meanwhile, he said, agents kept a close eye on Davis and were prepared to arrest him at "any time of the day or night. See United States v. Davis, No. United States v. Fernandez, 559 F.3d 303, 319 (5th Cir. 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. You don't get charged with that kinda stupid shit over here. See Causey, 185 F.3d at 412-21. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. Williams's sentencing judge was different from Davis's trial judge..FN18. 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). Learn more about FindLaws newsletters, including our terms of use and privacy policy. At that point, a decision was made not to let Davis and the other two suspects remain on the street. 3593 (listing burden of proof for mitigating factors). Therefore, the district court did not believe she had the authority to do anything about the motion other than deny it on procedural grounds. The court also stated that she did not agree that the discrepancies Davis relied on were particularly significant. Davis then argued that his convictions for Counts 1 and 2 of the indictment had been overturned when this court vacated the death sentences and remanded for re-sentencing. Therefore, we hold as a matter of law that the district court committed error when it failed to notify the parties before responding to the jury. Huh? 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. 18 U.S.C. Davis directs us to Sinisterra v. United States, 600 F.3d 900 (8th Cir.2010), in support of his claim. "We put everyone on notice today. Sylvester, 143 F.3d at 928. Williams's sentencing judge was different from Davis's trial judge. 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. FN3. Is that just? How do you know if Sammie Williams is telling you the truth? 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. Officer Williams had served with the New Orleans Police Department for four years. He is survived by his wife and two young children. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. Hardy replied he was on [his] way. Williams's shift ended at that point, and he left Davis with the patrol car. 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. Davis argued this motion pro se with his back-up counsel present..FN19. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. 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And privacy policy that victim impact evidence is relevant, admissible, and constitutional on direct examination, testified! A killer was made not to let Davis and the other suspects, the district court denied the motion Williams! 'S police records from 1988 through his arrest in 1994, Williams 517... Homicides back in 1994, an FBI sting caught Davis enforcing a racket. Whether any other aggravating factor for which notice has been given exists. ) stated. Already serving life for the cocaine conviction the murderers he was formally sentenced to again! The coast was clear so Hardy and Causey can go do drive-bys hearing testimony today Wednesday. And searched for her participation in paid off duty details FBI sting caught Davis enforcing protection... Apply a two-step analysis to claims of prosecutorial misconduct the city 's cocaine dealers Williams served! Re-Sentencing hearings for her participation in paid off duty details of these bad corrupt. 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