Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. FN14. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. We examine the seven claims related to his convictions in turn, keeping in mind that we affirmed Davis's convictions in his first appeal. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. Before Davis's re-sentencing, the Government noticed, among other nonstatutory aggravating factors: Victim impact, evidenced by the fact that the murder of Kim Marie Groves has created harmful emotional distress upon her three children and other members of her family.9 This aggravator was later charged to the jury as: That the death of Ms. Groves created harmful emotional distress upon her daughter.. Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. For the foregoing reasons, we AFFIRM Davis's convictions and sentences. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. 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. You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. 3593(c). 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. The categories at issue here relate to: (1) Davis's good character evidence (proposed factors 7, 8, 9, and 10); (2) the culpability and relatively lenient punishment imposed on other individuals involved in Groves's murder and the drug conspiracy (factors 1, 2, 4, and 5); and (3) the stressful and dangerous conditions of his job (proposed factors 11, 12, and 13). 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). Jones, 527 U.S. at 388-89. 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). The fact is so reprehensible it demands a sentence of death. 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). We examine his claims in turn. According to Council President, Helena Moreno, its not about the pay. See United States v. Davis, No. The probe sent reverberations all the way to Washington, where federal law enforcement officials have described the case as one of the most shocking they have seen, sources said. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. Although Len Davis can distinguish right from wrong, and deserves to be held accountable for his actions, his behavior was negatively impacted by the stress of working in a high crime area. Count One-Part B states: in prison. On Pg 9-Issues to be decided states: while imprisoned., The district court judge responded in writing: I apologize for the different terminology. 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. You don't get charged with that kinda stupid shit over here. He is survived by his wife and two young children. Their salary at that time was $18,000 a year. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. At approximately 11:00 p.m., Hardy shot Groves in the head, killing her. Williams was familiar with the letter, and that the Government told him they can do that-i.e., file the 5K letter-but [t]hey didn't guarantee me that they would or would not either., In 2001, after we remanded for re-sentencing, Davis filed a motion to obtain Williams's plea agreement pursuant to Brady and Giglio. Sylvester, 143 F.3d at 928. "The pertinent conversations were spread out over a 10-hour period and were intermingled with many other discussions concerning their protection activity at the warehouse. "We put everyone on notice today. 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. In June 2005, the district court granted that part of Davis's motion which limited this factor to his threat of future dangerousness while he is in a penal institution. Don't let that happen. Seven of the 27 bodies discovered between 1991 and 1995 in the New Orleans area were found in Destors jurisdiction. 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. The district court conducted an evidentiary hearing in May 2001, during which it heard testimony from Williams, his attorney, and the assistant U.S. attorney from whom Williams's attorney requested a plea agreement. We also determine whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained. Hall, 152 F.3d at 406 (citing Chapman v. California, 386 U.S. 18, 23 (1967)); see also 18 U.S.C. Copyright 1996-2023, The Officer Down Memorial Page, Inc, Registration for the 2023 National Police Week 5K goes up $5 on March 2nd save on our introductory pricing and, register today to run or walk in your hometown, View As Davis acknowledges, we addressed this issue in response to the Government's previous appeals from a district court ruling. Don't let that happen. 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. The words substantial planning should be given their ordinary, every day meaning. And justice can only be had by sentencing Len Davis to death. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. Why wasnt Antoinette fired from the police department? WebView the profiles of people named Sammy Williams. FN2. Causey, 185 F.3d at 413 (holding that the Government's explanations for their peremptory strikes were race neutral and not outside the realm of credibility) (citing Purkett v. Elem, 514 U.S. 765, 768 (1995)).16 Here, Davis presents arguments regarding strikes against seven African-American jurors, the same jurors whose strikes he appealed to the district court and to this court in Causey. Further, the Government did not mention Poonie during any other point in the trial, and did not argue about Poonie or his war with Hardy in summation. 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. Under either standard, Davis's claims fail. Id. However, they also stated that they had never been told by Williams or by government attorneys that Williams actually had a plea agreement. Officer Williams had served with the New Orleans Police Department for four years. At the conclusion of the hearing, the court agreed with the prosecutor that new information could be brought out at re-sentencing if Williams testified. Further, the district court clearly instructed the jury at the beginning and end of both phases of the re-sentencing hearings that counsel's arguments are not evidence. The net effect of the prosecutor's testifying, according to Davis, conveyed to the jury that Hardy and Davis were responsible for the difference-i.e., almost 20 homicides in 1994. The testimony and wiretap excerpts from Operation Shattered Shield revealed that Davis's sole motivation for ordering Groves killed was the complaint she filed against him. Streed was the defense's only mitigation witness. Accordingly, we remanded Davis's and Hardy's cases for re-sentencing. See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. New Orleans Police Department, LA EOW: Tuesday, October 10, 1893 Cause of Death: Gunfire Patrolman John H. Keller New Orleans Police Department, LA EOW: Sunday, November 18, 1894 Cause of Death: Gunfire Patrolman John Teen New Orleans Police Department, LA EOW: Monday, April 27, 1896 Cause of Death: Gunfire Patrolman Martin 938, 947 (E.D.La.1996). In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. Third, the Government presented video surveillance from Operation Shattered Shield. 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. 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. This principle receives even more play where there is no contemporaneous objection to the cross-examination. Id. Rest in peace hero. Five of the victims were men, but some of them were reportedly transgender. [12] Kim Groves, a 32-year old local resident and mother of three young children, witnessed the assault and filed a complaint with the New Orleans Police Department. The government must also establish beyond a reasonable doubt that the murder was committed after substantial planning for you to find this element proved. 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. He won't be punished at all. If not now, when? FN13. Any reason why you haven't been sentenced yet, to your knowledge? 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. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. While the prosecutor would have done well to refrain from making certain statements, see Johnson v. Bagley, 544 F.3d 592, 598 (6th Cir.2008), the isolated remarks do not cast serious doubt on the correctness of the jury's verdict. A. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. Michael Perlstein and Walt Philbin wrote this report. [24] Davis has been linked to that murder as well. At the time he was planning the murder with Hardy and Causey, Davis was unaware that he was the target of an FBI undercover investigation into corruption in the NOPD. The prosecutor then asked Williams: Q. "The unsupervised, unregulated detail system practically encourages police officers to break the law, " Jordan said. 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. Causey, 185 F.3d at 413-16. Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. When Hardy called Davis back almost immediately, Davis described Groves's appearance. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. [19] He was initially sentenced to death, but in 2011 his sentence was commuted to life when he was found by a judge to be intellectually disabled. 8. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. Q. 552 U.S. at 484-85. 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. That'd be the Feds with that shit. 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. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. 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 district court overruled his objection. The fact is so reprehensible it demands a sentence of death. WebLatest on OT Sammy Williams including news, stats, videos, highlights and more on NFL.com United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. Cf. No juror found any mitigating factor. FN18. 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. FN12. 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. While we examine the Brady question de novo, we must proceed with deference to the factual findings underlying the district court's decision. United States v. Severns, 559 F.3d 274, 278 (5th Cir.2009). Under this or the plain error standard, Davis's claim fails. Accordingly, this court's review of this claim is foreclosed. [T]he relaxed evidentiary standard does not impair the reliability or relevance of information at capital sentencing hearings, but helps to accomplish the individualized sentencing required by the constitution. Id. And the only way they can prove it, they gotta have you on tape and shit. Now, do you believe in coincidences, Dr. Streed? 241 and 242). (citations omitted). (emphasis added). The Government appealed. Such a pattern of behavior could easily translate to a penitentiary. According to court documents Len Davis was under investigation by the Internal Affairs for the murder of a young man who he thought was a witness to an officer involved shooting. We affirmed Causey's conviction and sentence, and affirmed Davis's and Hardy's convictions on Counts 1 and 2. See United States v. Mendoza, 522 F.3d 482, 491 (5th Cir.2008) (stating that a prosecutor is confined in closing argument to discussing properly admitted evidence and any reasonable inferences or conclusions that can be drawn from that evidence). [20] The witness tampering conviction would be later overturned. See 18 U.S.C. 3593(a). Miller-El, 545 U.S. at 251-52. 3593(c), (d). Id. At times, he said, the lives of undercover agents posing as drug traffickers were in danger. 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. The final instruction to the jury read, in relevant part: A killing is committed after substantial premeditation when it is committed upon substantial deliberation. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. The evidence showed that, besides orchestrating Groves's murder, Davis routinely used special codes to communicate with Hardy and Causey, and offered to assist them in covering up their criminal activities. 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). The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. Finally, the testimony's probative value in demonstrating Davis's propensity for violent acts outweighs the danger of prejudice. [10] Davis would later be convicted of additional drug-related charges while the other officers pleaded guilty. The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. Id. As for whether a jury would naturally and necessarily construe a remark as a comment on the defendant's failure to testify, the question is not whether the jury possibly or even probably would view the challenged remark in this manner, but whether the jury necessarily would have done so. Id. August 17, 2012. Instead, we consider the evidence in a light most favorable to the Government. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. October 13th would see Officer Davis, in a police cruiser and in uniform, begin the hunt for Miss Groves with his partner Sammie Williams riding shotgun. Sammie Williams is equally or more culpable than Len Davis and he will not be punished by death. Jones, 132 F.3d at 241. She used her gun that she received from the department to kill all three people. 529 U.S. at 627. See United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010) (refusing to find plain error in light of divided legal authorities). See 18 U.S.C. "We were able to intercept some conversations among the police officers who were on the protection detail . Hi - I'm a native of New Orleans now living in California. United States v. Davis, 912 F.Supp. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). Photo/Video will be published upon admin review and approval. 241; (2) depriving Groves of her civil rights by use of excessive force by shooting her with a firearm, resulting in death, in violation of 18 U.S.C. See 18 U.S.C. We also vacated Davis's and Hardy's death sentences as to all three counts because the jury did not make separate recommendations concerning the appropriate penalty for each count of the conviction. 13. Davis did not appeal this ruling..FN9. Huh? [4], Davis was known in the community as "RoboCop" because of his large size and the "Desire terrorist" due to his aggressive policing style. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. WebView All 34,791 Memorials for the Police Officers Site. Factor G. on the verdict form, the catch-all factor, permitted the jury to consider whether [o]ther factors in Len Davis's background or character mitigate against imposition of a death sentence, thereby covering any factors that had been condensed. 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. 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. The FDPA provides that the Government may introduce as a non-statutory aggravating factor victim impact evidence including oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. 18 U.S.C. Do not capitulate, be vigilant. Thus, the remaining witnesses' testimony at the May 2001 hearing was consistent with Williams's that there was no plea agreement in place when Williams testified in 1996. In 1994, Davis and Williams provide Adams policeprotection. 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! FN11. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Contact us. Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. 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. Police officers put their lives at risk every day in the line of duty. In addition, the prosecutor's remarks did not communicate to jurors that they were legally bound to impose the death penalty or that they could not consider Davis's mitigating factors. "The police officers did the same, and this was captured on videotape.". See United States v. Davis, No. Sentencing Len Davis and Williams returned to Groves 's appearance Davis has been linked that... Called Davis back almost immediately, Davis represented himself with appointed back-up counsel been working as security... Be given their ordinary, every day meaning danger of prejudice you to this! And Hardy 's convictions and sentences of the victims were men, but some of were... Phase of the existence of an aggravating factor time was $ 18,000 year! Were able to intercept some conversations among the police officers who were on the protection detail Causey. Drug-Related charges while the other officers pleaded guilty recall whether the district to. 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