Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. 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. 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). denied, 544 U.S. 1034 (2005). In a conversation at 10:43 p.m., Davis is quoted as saying to Hardy: "I got the phone on and the radio. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 murder. As a result of this, we had to increase significantly the security of the FBI undercover agents.". Police Officer Ronald A. Williams, II, New Orleans Police Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. Accordingly, the law of the case doctrine precludes review of his claim in this appeal. 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)..FN17. The perpetrators, including Officer Williams' partner, were apprehended and sentenced to death for the murders. (citing United States v. Mares, 402 F.3d 511, 515 (5th Cir. "Be looking for something to come down," he told his partner, Sammie Williams, in a phone conversation monitored by Federal agents. A few minutes later, Groves died after being shot once in the head. Finally, the testimony's probative value in demonstrating Davis's propensity for violent acts outweighs the danger of prejudice. Second, the prosecutor commented on the jurors' duty to return a death sentence, even if mitigation evidence is presented: You see, some crimes, some defendants deserve the death penalty. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. Defense counsel used these words after requesting permission from the district court to lead the witness. The description matched what Groves had on at the time of her murder. That shit ain't gonna fly, man. He said, Yeah. Davis did not appeal this ruling. 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. NEW ORLEANS The New Orleans Police Department asked the public to pray for the family and friends of a police officer who contributed 30 years of her life working for the public. Let's get back to why we're here. In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. 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. You recall the events of September 30th, 1994, Williams described to you. He didn't have the decency to apologize. No products in the cart. Len Davis, eight other New Orleans police officers, charged in drug sting. Copyright 2023, Thomson Reuters. WebRest in heavenly peace on this your 25 anniversary in heaven. 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.). Don't let that happen..FN12. 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. 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. at 421-23. Q. Q. A.I am sorry, I don't think I understand your question. 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. Davis's Batson claim does not fall within the exceptions to the law of the case doctrine. And he said, oh, that's Paul. The citizens of the City of New Orleans wait for you to give them justice. Here, each of the seven mitigating factors derived from the fact-specific individual factors proposed by the defense. This apparently has been an ongoing issue. [14] Hardy shot and killed her on October 14, 1994, less than one day after she filed the complaint. Davis thus was not prejudiced by the district court's error. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. For if not him, who? Meanwhile, he said, agents kept a close eye on Davis and were prepared to arrest him at "any time of the day or night. Davis and his police partner Sammie Williams are quoted talking to Hardy at 11:22 p.m., moments after police officially logged Groves' death as a murder: Davis: Yes! . You only go to jail if you were the gunman. Admission of the testimony is not sufficient to reverse Davis's sentence. At the time of his death, Officer Williams seemed to be building a solid career. In the context of the prosecutor's summation and the evidence overall, therefore, Davis's rights were not affected by the isolated remark. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. The evidence reflects, however, that Williams had discussed a plea agreement with the Government, but did not have an actual agreement in place at the time of his 1996 testimony. 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. Follow the men and women who keep the citizens of New Orleans safe during the night. Oldtimers at the police academy thought so and put it in writing. The very first thing he does is call a murderer and dope dealer called Paul Hardy. The district court had previously severed Davis and Hardy's re-sentencing hearings. "Unfortunately, we were not provided on Oct. 13 with enough information to allow us to prevent it, " he said. 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). In Mitchell v. United States, 526 U.S. 314 (1999), the Supreme Court held that a sentencing court may not draw an adverse inference from a defendant's silence in determining the facts of the offense because to do so impose[s] an impermissible burden on the exercise of the constitutional right against compelled self-incrimination. Id. "In September, a disturbing development occurred, " Gallagher said. FN12. The fact is so reprehensible it demands a sentence of death. 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 . In connection with this investigation, the FBI conducted surveillance and recorded cellular telephone conversations of Davis and other NOPD officers. Evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed [and t]here is no reason to treat such evidence differently than other relevant evidence is treated. Payne, 501 U.S. at 827. 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. His wife and children are in our thoughts. Davis paged Hardy. [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. Specifically, Davis believes the prosecutor used his cross-examination of Streed to bring before the jury the unsubstantiated claim that the Florida project had an unusually high number of homicides in 1994 (23 total), and that the number had dropped to only 4 homicides in 1995, coincidentally after Hardy and Davis were arrested. McCrimmon, 443 F.3d at 461-62. The Supreme Court denied certiorari. Moreover, the jury had already heard wiretap excerpts of Davis and Hardy discussing Hardy's war with Poonie, demonstrating that Davis was aware of Poonie's and Hardy's rivalry. 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. Most of the victims, police said, were African-American women involved in drugs and prostitution. 01-30656, 2001 WL 34712238, at *3 (5th Cir. 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. Generally, we apply a two-step analysis to claims of prosecutorial misconduct. If the jury returns both findings, the proceeding moves to the second or selection phase. The victim-impact testimony here did not violate Davis's due process rights. Michael Perlstein and Walt Philbin wrote this report. Now, do you believe in coincidences, Dr. Streed? The officers indicted Wednesday - Davis, Williams, Sgt. 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. See United States v. Davis, No. WebView the profiles of people named Sammy Williams. Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. Therefore, Davis suffered no prejudice. The words substantial planning should be given their ordinary, every day meaning. Who the fuck are you or Paul Hardy to decide who lives or die? 242 and 2; and (3) willfully killing Groves to prevent her communications to a law enforcement officer regarding a possible federal crime, in violation of 18 U.S.C. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Compare, e.g., People v. Kuntu, 752 N.E.2d 380, 403 (Ill.2001) (We find error in allowing the State to argue to the jury that, if it should fail to vote to sentence defendant to death, the jury will be giving the jury five free murders.), with Rodden v. Delo, 143 F.3d 441, 447 (8th Cir.1998) (In context, the prosecutor's statement about the second murder being free urged the jury to impose additional punishment for the additional crime The jury could properly consider [the defendant]'s earlier crimes in deciding whether to sentence him to death.). 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. Others who may be arrested include several officers from the 5th Police District, two from the 6th District, two from the 2nd District, one assigned to public housing and one from the juvenile division. At approximately 11:00 p.m., Hardy shot Groves in the head, killing her. Groves was shot a block from her home, one day after she filed a brutality complaint against Davis in which she said she saw the officer pistol-whip a 17-year-old man Oct. 11. See Causey, 185 F.3d at 438 (Dennis, J., concurring) (Arguably, a person also has a separate defined right' protected by the Constitution not to be deprived of liberty without due process of law, and this right is also violated by having his or her life taken willfully by a state officer acting under color of law.); see also id. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). FN1. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). Causey v. United States, 530 U.S. 1277 (2000)..FN16. Id. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. 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. 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). More top cops with the New Orleans Police Department are said to be leaving. Id. FN18. On cross-examination, the Government questioned Streed regarding his knowledge of Davis's case, the Fifth District, Operation Shattered Shield, and other people involved in the case. The Government appealed. This is precisely what the prosecution did here. Id. The rule announced in these cases simply made clear that the death resulting component of 241 and 242 must be alleged in the indictment and found by the jury beyond a reasonable doubt. Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. Is that just? Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? Explore. When Hardy called Davis back almost immediately, Davis described Groves's appearance. Evidence is material if there is 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 (citation omitted). FN10. In a pre-trial filing, Davis moved to strike this aggravating factor. And justice can only be had by sentencing Len Davis to death. 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