[6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. at 242. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. As stated in Part III.B., supra, the jury was already aware that Davis and Hardy had been convicted for the murder of Groves, and that Hardy was the actual shooter. WebA onetime New Orleans cop, Frank, now 48, was always going to go rogue. Causey, 185 F.3d at 413-16; see also id. That investigation, Operation Shattered Shield, involved soliciting NOPD officers to guard what they thought was a warehouse holding illegal drugs for shipment. He joined the New Orleans Police Department in 1991 However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. Defense counsel offered correction to a typo but no substantive objections. 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. ), cert. Sylvester, 143 F.3d at 928. Jasmine Groves waits for you to give her justice. What surprised authorities most, however, was the ease at which new officers were brought into the sting. See 18 U.S.C. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. Here, the remark was not directed to facts outside the record or unrelated to the evidence introduced at trial. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. Q. It's intended to mean the same thing.. WebSammy Williams. [PROSECUTOR]: I am asking him if he would be surprised at that. Or maybe they didn't do anything.". Millsaps, 157 F.3d at 993 ([J]uries are presumed to follow their instructions.); see also Flores, 63 F.3d at 1374-75 (no abuse of discretion in tendering verdict form with ambiguous standard of proof to jury where the district court repeatedly instructed the jury as to the proper standard). 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. "One in law enforcement may consider that a gift from heaven. 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. See 18 U.S.C. The officers indicted Wednesday - Davis, Williams, Sgt. And justice can only be had by sentencing Len Davis to death. [23], In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. 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. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. Miller-El, 545 U.S. at 251-52. FN18. For example, the jury heard the FBI wiretap tapes in which Davis discussed with Hardy a murder he thought Hardy had ordered:And you can't go to jail for putting a hit on somebody, Paul. In connection with this investigation, the FBI conducted surveillance and recorded cellular telephone conversations of Davis and other NOPD officers. Therefore, the defendant and the government may introduce any relevant information during the sentencing hearing limited by the caveat that such information be relevant, reliable, and its probative value must outweigh the danger of unfair prejudice. United States v. Jones, 132 F.3d 232, 241 (5th Cir.1998). 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. "We're on a crusade. In short, the government must prove the defendant killed Kim Groves only after substantially thinking the matter over and deciding to do it beforehand. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. Davis contends that the judge responded without receiving input from counsel. The prosecutor continued with questions about the population and crime statistics in the Florida project: Q.Dr. Streed, actually do you know which project is the smallest in New Orleans, well, back in 1994 population-wise? See United States v. Davis, No. Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? See Bernard, 299 F.3d at 482 (concluding that evidence of propensity for orchestrated criminal activity in prison permitted finding of future dangerousness). He is survived by his wife and two young children. Larry Preston Williams Sr. was a police officer in New Orleans in the late 1960s and 1970s. They kept up a Most of the prosecutor's comments in the summation referred to Hardy's involvement in Groves's murder, and were corroborated by the wiretap tapes. As Davis acknowledges, we addressed this issue in response to the Government's previous appeals from a district court ruling. FN14. This is precisely what the prosecution did here. See Coble v. Quarterman, 496 F.3d 430, 438 (5th Cir.2007) (rejecting ineffective assistance claim for failure to object to prosecutor's argument describing defendant as remorseless where evidence at trial showed that defendant made comments immediately after the murders that indicated his lack of remorse). Is that just? Appointed in October, he acknowledged that he inherited a department riddled with corruption and vowed to weed out bad officers through aggressive internal investigations. See United States v. Sipe, 388 F.3d 471, 478 (5th Cir.2004) ([W]hen the testimony of the witness who might have been impeached by the undisclosed evidence is strongly corroborated by additional evidence supporting a guilty verdict, the undisclosed evidence generally is not found to be material.). We generally look to three factors in deciding whether any misconduct casts serious doubt on the verdict: (1) the magnitude of the prejudicial effect of the prosecutor's remarks, (2) the efficacy of any cautionary instruction by the judge, and (3) the strength of the evidence supporting the conviction. Id. Paul Demarest. Frank was just 23, and had initially been denied a Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. denied, 440 U.S. 972 (1979). WebLatest on OT Sammy Williams including news, stats, videos, highlights and more on NFL.com 241 and 242). We're going to be in a holy war. The final list of factors included the following, in relevant part: A. You only go to jail if you were the gunman. That shit ain't gonna fly, man. denied, 130 S.Ct. 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. 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. A premeditated murder is one committed upon deliberation and prior design. at 1540. Davis and Williams then drove to Groves's neighborhood in their NOPD patrol car and searched for her. 2783 (2009). 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. 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. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. Fourth, Davis asserts that omission of the FDPA elements from the indictment precluded the government from seeking the death penalty at re-sentencing. The prosecution stated:He's already serving life for the cocaine conviction. 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. 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 dealer, said New Orleans FBI Commander Neil Gallagher. 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. After hearing the Government's and defense counsel's evidence, the jury returned a verdict recommending the death penalty, finding that the aggravating factors were proved beyond a reasonable doubt, that no mitigating factors were present, and that the aggravating factors sufficiently outweighed the mitigating factors to justify a death sentence. "It tells us that corruption in the Police Department is pervasive, rampant and systemic.". Davis was among the officers involved in narcotics dealings, a federal complaint alleges. 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. In Miller-El, a habeas case, the Supreme Court ruled that a Batson violation had occurred because another panel of this court had failed to thoroughly review the voir dire record to determine the plausibility of the state prosecutor's reasons for striking African American jurors. 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. In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. The words substantial planning should be given their ordinary, everyday meaning. One early meeting almost led to a showdown, he said. And it was an insult on our entire criminal justice system. denied, 552 U.S. 1144 (2008). This hybrid representation resulted from motions Davis filed regarding his right to self-representation. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. 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. What do you hope to get out of your testimony? 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. Moreover, the general line of questioning-though not the form-was appropriate given the topics introduced in direct examination. 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. Davis became agitated as the evening progressed because Groves had not been killed yet. 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. NEW ORLEANS . 3593 (listing burden of proof for mitigating factors). Davis did not appeal this ruling. 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. In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. FN19. Streed was the defense's only mitigation witness. Start a rewarding career. United States v. Davis, 912 F.Supp. Accordingly, this court's review of this claim is foreclosed. The Fifth Amendment prohibits a prosecutor from commenting on a defendant's failure to testify, Griffin v. California, 380 U.S. 609, 615 (1965), if the prosecutor's manifest intent in making the remark must have been to comment on the defendant's silence, or the character of the remark must have been such that the jury would naturally and necessarily construe it as a comment on the defendant's silence. Jackson v. Johnson, 194 F.3d 641, 652 (5th Cir.1999) (citing United States v. Grosz, 76 F.3d 1318, 1326 (5th Cir.1996)). "Lennie Davis asked for a cellular telephone, " Gallagher said. Is that just? 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome. 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. In his view, the convictions violate double jeopardy, and one of them must be struck. The prosecutor also stated:Do not confuse mercy with weakness. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. In reply, the Government stated that Williams's request for a plea agreement was rejected, but if he cooperated without an agreement, witness protection would be made available. Yes. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. She testified that the request had been made [s]o it can be over and so Davis could spend the rest of his life thinking about what he did.10. 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). 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. 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). A corrupt lieutenant in the homicide division is threatened by the righteous DA while trying to solve a string of mysterious murders. The Supreme Court denied certiorari. The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. You examined as well as Mr. Davis' personnel file, crime statistics for New Orleans for the year 1994, did you not? Jordan, at a news conference with Gallagher and Police Superintendent Richard Pennington, said more indictments could follow in the coming weeks. Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. A. FN1. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. We vacated the district court's order, holding that failure to include the required elements was harmless constitutional error, and remanded for re-sentencing. FN17. You don't get charged with that kinda stupid shit over here. FN5. McDuffie, 542 F.2d at 241. And I want you to listen to what I'm saying. You have permission to edit this article. And it was an insult on our entire criminal justice system. Under this or the plain error standard, Davis's claim fails. The perpetrators, including Officer Williams' partner, were apprehended and sentenced to death for the murders. FN9. You have permission to edit this article. 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. At Davis's 1996 trial, Williams testified on direct that he had pleaded guilty to two felony weapons and drug possession charges in connection with the FBI's Operation Shattered Shield. 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. 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. Davis was initially sentenced to death on April 26, 1996. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Jones, 527 U.S. at 388-89. 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. Generally, we apply a two-step analysis to claims of prosecutorial misconduct. Additionally, no exceptions to the law of the case doctrine apply. Copyright 2023, Thomson Reuters. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. , Williams, Sgt string of mysterious murders rampant and systemic..... Had not been killed yet weba onetime New Orleans cop, Frank, now 48, always! Serving life for the murders the record or unrelated to the law the... A probability sufficient to undermine confidence in the coming weeks ai n't gon na fly, man Marie. The cocaine conviction [ J ] uries are presumed to follow their instructions and can... 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