Shortly before Davis's re-sentencing hearing, the defense proposed sixteen mitigating factors for submission to the jury, listed here in relevant part: 1. See 18 U.S.C. When a police officer murders a citizen in cold blood in retaliation for making a complaint against him, it always deserves the death penalty, period, without exception.13, Third, the prosecutor referred to the effects of Davis's actions on the broader community.14 The prosecutor also told jurors that they speak for [Kim Groves], asked jurors to return a death sentence for every tear that Jasmine Groves cried, and urged that Jasmine Groves waits for you to give her justice.. 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 fact is so reprehensible it demands a sentence of death. 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.. 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. Finally, Davis claims that the Supreme Court's decisions in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 584 (2002) resulted in an unconstitutional judicial rewriting of 18 U.S.C. Davis's back-up counsel did not object to these statements.7. Hardy, along with Causey and a driver, went to Groves's neighborhood. 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. 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! 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. Similarly, the court instructed the jury that: [t]he law permits you to consider anything about the commission of the crime or about Mr. Davis' background or character that would mitigate against the imposition of the death penalty. 3592(a); Jones, 527 U.S. at 408. 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. 405 U.S. at 154-55. We therefore will not reverse Davis's sentence on this ground. We're going to clean this department up.". 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. Our review of the record reflects that in Davis's interactions with associates like Hardy, Causey, and others, Davis gave directions, offered advice, and assisted in his associates' nefarious activities.3 His leadership role and ability to influence others-generally positive qualities-became deadly when exercised to further criminal activity. 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. 938, 947 (E.D.La.1996). THE COURT: [Prosecutor], you're testifying. Examples of the remarks include:He prayed [sic] on a community, this community, New Orleans, Louisiana, in the Eastern District of Louisiana that desperately needed, still needs protection from the likes of Len Davis.If you want to shed a tear, shed a tear for the city of New Orleans. United States v. Fernandez, 559 F.3d 303, 319 (5th Cir. . 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. Therefore, it is not a relevant intervening change of law, and this issue does not fall within the exceptions to the law of the case doctrine. New Orleans Police Department, LA. The district court had previously severed Davis and Hardy's re-sentencing hearings. FN7. 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. Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. [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. FN15. 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..FN8. 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. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. Because Davis did not object to the first four categories of comments in the prosecutor's closing argument, we apply only plain error review. I said, Paul, Paul Hardy? This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. WebSelling Travel and Tours in an Easy Way! 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. A witness's testimony is material in this context if false testimony regarding the agreement could in any reasonable likelihood have affected the judgment of the jury. Giglio, 405 U.S. at 154 (internal quotation marks omitted). 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. Position: OT. "For continued safety of the FBI undercover agents and because of the need to allow the New Orleans Police Department to remove from its ranks a criminal element, I ordered an end to the FBI undercover operation, " he said. [24] Davis has been linked to that murder as well. Admission of the testimony is not sufficient to reverse Davis's sentence. If the cooperation was substantial, the Government would consider filing the 5K letter, but neither the letter nor a lighter sentence were guaranteed. College: Oklahoma. Jasmine Groves waits for you to give her justice. 241 and 242. Davis argues that Williams had an undisclosed plea agreement. United States v. Davis, 912 F.Supp. 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. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). Causey v. United States, 530 U.S. 1277 (2000). Davis further argues that the jury may have been confused because while imprisoned implied the length of time Davis would be incarcerated (and possibly released), while in prison denotes the fact that he would be incarcerated (with no release). The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. If I was family to any of the ones that were killed that day, I would sue the New Orleans Police Department. FN8. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. 12. The prosecutor also stated:Do not confuse mercy with weakness. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. Davis also challenges the prosecution's cross-examination of Dr. Thomas Streed, a former police officer and now an applied psychologist, during the second or selection phase of the re-sentencing hearing. This is precisely what the prosecution did here. (citing United States v. Mares, 402 F.3d 511, 515 (5th Cir. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. 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. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. Create a free ODMP account now for these benefits: Create an account for more options, or use this form to leave a Reflection now. Defense counsel used these words after requesting permission from the district court to lead the witness. Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. And the only way they can prove it, they gotta have you on tape and shit..FN3. See Causey, 185 F.3d at 412-21. Fifth, Davis claims that the Double Jeopardy Clause precludes his conviction for violating both 18 U.S.C. 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. At the close of the selection phase, the district court invited objections from counsel regarding the jury instructions. Q. Paul Demarest. First, we assess whether the prosecutor made an improper remark. Id. The jury was already aware of the wiretap tapes in which Davis celebrated Groves's death, which suggested lack of remorse. 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. He said, Yeah. Well, I'm hoping the government informs the judge of my cooperation and, as a result, he [the sentencing judge] will give me a lesser sentence than he otherwise may impose on me. Q. We examine his claims in turn. Jasmine Groves waits for you to give her justice. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. 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. They kept up a Third, the Government presented video surveillance from Operation Shattered Shield. And I want you to listen to what I'm saying. Join the New Orleans Police Department. Special Agent Juan Jackson, the undercover FBI agent acting as a drug dealer, testified that Davis was a leader in what he thought was a major drug operation and increased his responsibilities in the operation in a few months' time span. The Supreme Court denied certiorari. Do not capitulate, be vigilant. that they were contemplating ripping off the couriers. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. denied, 552 U.S. 1144 (2008). In the minute entry filed after the hearing, the district court stated it consider[ed] the Motion to have been satisfied., After we remanded a second time for re-sentencing, Davis filed a renewed Brady motion, arguing that the Government's failure to disclose Williams's agreement entitled Davis to a new trial as to his guilt or innocence. Our review of this claim is foreclosed under the law of the case doctrine. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. Moreover, there was not inappropriate disparagement of Davis or defense counsel. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. 9. The prosecutor also stated:Do not confuse mercy with weakness. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. And the only way they can prove it, they gotta have you on tape and shit. Id. 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. Davis has been in custody since Monday, when he was charged with ordering the murder of Kim Groves near her Alabo Street home. The information about the witness protection was not favorable to Davis because the jury may have assumed that Williams needed protection from Davis, who allegedly had Groves killed for filing a complaint against him. And justice can only be had by sentencing Len Davis to death. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. Causey, 185 F.3d at 419. Q. It is a cheap trick and he is attempting to manipulate you. Appointed in October, he acknowledged that he inherited a department riddled with corruption and vowed to weed out bad officers through aggressive internal investigations. And he said, man, Paul Hardy ain't never killed nobody that didn't deserve to die. Sammie Williams is equally or more culpable than Len Davis and he will not be punished by death. Causey, 185 F.3d at 413-16; see also id. The words substantial planning should be given their ordinary, every day meaning. Additionally, no exceptions to the law of the case doctrine apply. [5] He had been suspended six times and received 20 complaints between 1987 and 1992 while subsequently receiving the department's Medal of Merit in 1993. Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. Competitive law enforcement salary and excellent benefits include: Outstanding retirement plan with benefits earned in as little as five years; Affordable and quality health, vision, and dental insurance for you and your family Officer Len Davis, two others, charged in death of Kim Groves. Fields, 483 F.3d at 360. And he said, you see, that's your problem now. 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). Given the severity of the penalty in this case, we will review the claims separately. Defense counsel used these words after requesting permission from the district court to lead the witness. Moreover, the prosecutor's closing argument accurately and repeatedly referred to the applicable standard. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. 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. Thereafter, Davis refused to return to the courtroom for the second stage of the re-sentencing, but permitted his back-up counsel to proceed in his absence. 8. at 433-44 (Dennis, J., concurring) (discussing arguments in support of conviction under 18 U.S.C. Is that just? FN8. 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). FN4. When a defendant seeks a new trial on the basis of a Brady violation, he must show that (1) the prosecution did not disclose the evidence; (2) the evidence was favorable to the defense; and (3) the evidence was material. Fernandez, 559 F.3d at 319 (quoting United States v. Infante, 404 F.3d 376, 386 (5th Cir.2005)). Under the FDPA, information is admissible during the sentencing hearing regardless of its admissibility under the Federal Rules of Evidence, but may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. 18 U.S.C. 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