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", "We were concerned that he may engage in acts of violence. See United States v. Cooper, 91 F.Supp. FN6. 8. 3592(c)(9). Michael Perlstein and Walt Philbin wrote this report. The district court rejected this proposed instruction. Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. Don't let him. 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. In his second claim, Davis argues that the district court committed reversible error when it provided an ex parte response to a jury question during deliberations. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. (emphasis added). Q. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. FN13. "Be looking for something to come down," he told his partner, Sammie Williams, in a phone conversation monitored by Federal agents. We vacated the district court's order, holding that failure to include the required elements was harmless constitutional error, and remanded for re-sentencing. FN14. [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. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 murder. 3595(c)(2). 3593(b); see also Jones v. United States, 527 U.S. 373, 407-08 (1999). Id. United States v. Johnston, 127 F.3d 380, 393 (5th Cir.1997) (prejudice mitigated by curative instruction and wiretap evidence to corroborate improperly solicited testimony in cross-examination). FN12. Causey, 185 F.3d at 419. 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. 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. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. A few minutes later, Groves died after being shot once in the head. that they were contemplating ripping off the couriers. 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. 2010). [13] Davis was tipped off about the complaint by another officer and then conspired with a local drug dealer, Paul Hardy, to kill Groves. That shit ain't gonna fly, man. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges..FN5. 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.. 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. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. We presume that the jury follows their instructions. On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. The prosecutor's intent is not manifest if there is some other, equally plausible explanation for the remark. Grosz, 76 F.3d at 1326. Generally, we apply a two-step analysis to claims of prosecutorial misconduct. 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! 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). 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. The fact is so reprehensible it demands a sentence of death. The perpetrators, including Officer Williams' partner, were apprehended and sentenced to death for the murders. He won't be punished at all. That investigation, Operation Shattered Shield, involved soliciting NOPD officers to guard what they thought was a warehouse holding illegal drugs for shipment. The letter she read into testimony was part of that impact. 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. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. 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. "When later asked why, (they said) it was to impress the drug dealer to show them that, in fact, they were the NOPD and could produce on their offer of protection.". Photo/Video will be published upon admin review and approval. FN7. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. FN5. Causey, 185 F.3d at 413-16. [4], Davis was known in the community as "RoboCop" because of his large size and the "Desire terrorist" due to his aggressive policing style. On these facts, however, length of incarceration without violence is not dispositive to the issue of whether Davis is a threat of future dangerousness while imprisoned. Do not capitulate, be vigilant. 3592(c)(9)..FN15. Webhampton club new brunswick, nj for rent; unsworth medical centre; whatcom county shooting laws. Defense counsel did not object to any of the prosecutor's questions. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Here, the prosecutor's improper statements do not rise to the level of plain error. Vuelos Alquileres de vacaciones FN6. 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). That's how he thinks of her.. The verdict form also included a catch-all category: G.Other factors in Len Davis's background or character mitigate against imposition of a death sentence. Here, in the eligibility phase, Williams's testimony was relevant to show that Davis was familiar with Hardy's criminal activities, maintained a relationship with him, and therefore was able to call upon him as an intermediary to execute Groves. Officer Len Davis, two others, charged in death of Kim Groves. They kept up a April 11, 2012. Davis cannot demonstrate that the remarks prejudiced him. The government must also establish beyond a reasonable doubt that the killing was committed after substantial planning for you to find this factor proved. He gets a free pass. She was seen driving around in her patrol care on duty with that thug many times and even allowed him to drive her 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. However, admission of the evidence violates Davis's due process rights if it is so unduly prejudicial that it renders the trial fundamentally unfair. Bernard, 299 F.3d at 477 (citing Payne, 501 U.S. at 825). If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? 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. The description matched what Groves had on at the time of her murder. 5. 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 argues that Williams had an undisclosed plea agreement. United States v. Wicker, 933 F.2d 284, 290 (5th Cir.1991) (no plain error where not only was there no objection, but also the district court interrupted the prosecutor sua-sponte immediately after these comments were made to remind her that she was making an improper argument and provided a general cautionary instruction to the jury). Davis's substantial rights were not affected such that a reversal of his sentences is warranted. 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. The weighing is not numeric; the perceived significance, not the number, of aggravating and mitigating factors determines the decision. Jones, 527 U.S. at 408. 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. The district court had previously severed Davis and Hardy's re-sentencing hearings. Director Jim McBride Writers Daniel Petrie Jr. (screenplay by) Jack Baran (screenplay) Jim McBride (screenplay) Stars Dennis Quaid Ellen Barkin Ned Beatty See production, box office & company info As we noted in Causey, regarding characterizations of Hardy as animal of the street and of Davis as a street killer, a ruthless person, any error in the prosecutor's closing argument does not require reversal due to the overwhelming evidence of Davis's guilt and the negligible prejudicial affect of the remarks in the context of this case. Causey, 185 F.3d at 418; see also Fields, 483 F.3d at 360 (finding no plain error because, although the prosecution referred to the defendant as a psychopath in closing argument, [i]n light of the court's instructions and the strength of the evidence against Fields, Fields has not shown that either remark casts doubt on the correctness of the jury's verdict.). Id. 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. 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. In short, the government must prove beyond a reasonable doubt that the defendant killed Kim Groves while acting under color of law only after thinking the matter over and deliberating whether to act. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. He says many of the issues highlighted in the report were some of the same issues that confronted the department back when he was on the force. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Other participants in one or more of the capital offenses who are equally or more culpable than Len Davis will not be punished by death, including, but not necessarily limited to, the following individuals: Sammie Williams, Steven Jackson, Damon Causey. As Davis acknowledges, we addressed this issue in response to the Government's previous appeals from a district court ruling. 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. 3592(c)(9). On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. One of Hardy's favors, at Davis's request, was to murder Groves. [PROSECUTOR]: The next year, 1995, the Florida only had four homicides. 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). This briefing is insufficient for the purposes of Federal Rule of Appellate Procedure 28(a), and therefore the issue is deemed waived. at 433-44 (Dennis, J., concurring) (discussing arguments in support of conviction under 18 U.S.C. A. Michael Perlstein and Walt Philbin wrote this report. In addition, the court's instructions regarding consideration of mitigation evidence ensured that the jurors considered the mitigation factors correctly. Accordingly, [this court] reviews jury findings of aggravating factors by asking whether, after viewing the evidence in a light most favorable to the government, any rational trier of fact could have found the existence of the aggravating circumstance beyond a reasonable doubt. United States v. Agofsky, 458 F.3d 369, 374 (5th Cir.2006) (citing United States v. Bernard, 299 F.3d 467, 481 (5th Cir.2002)). The prosecution stated:He's already serving life for the cocaine conviction. When Hardy called back, he and Davis discussed a plan to kill Groves, with Hardy as the shooter and Davis and Williams taking care of evidence at the crime scene after the murder was committed. 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. Davis learned about the complaint on October 12. As a result of this, we had to increase significantly the security of the FBI undercover agents.". Vuelos Alquileres de vacaciones Without the notification, Davis and his counsel were unable to evaluate the propriety or adequacy of the proposed supplemental charge, formulate objections, or suggest additional instructions. McDuffie, 542 F.2d at 241. It 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. 3592. NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. Finally, the testimony's probative value in demonstrating Davis's propensity for violent acts outweighs the danger of prejudice. 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. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. 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. There was a good-faith factual basis for the questioning, because Williams had already testified that Poonie was a dealer in the Florida project who was one of Hardy's enemies. You examined as well as Mr. Davis' personnel file, crime statistics for New Orleans for the year 1994, did you not? In a pre-trial filing, Davis moved to strike this aggravating factor. Police Officer Ronald A. Williams, II, New Orleans Police We may not reverse or vacate a sentence of death on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless. Id. "We were able to intercept some conversations among the police officers who were on the protection detail . [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. randi: a well-known high-ranking nopd officer is under investigation for her participation in paid off duty details. A. No products in the cart. Ambiguous jury instructions in the capital context warrant reversal only if there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence. Boyde v. California, 494 U.S. 370, 380 (1990). 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. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. 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. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. In other words, an issue of fact or law decided on appeal may not be reexamined either by the district court on remand or by the appellate court on a subsequent appeal. United States v. Williams, 517 F.3d 801, 806 (5th Cir.2008) (citation omitted); accord United States v. Cervantes-Blanco, 504 F.3d 576, 587 (5th Cir.2007); United States v. Becerra, 155 F.3d 740, 752 (5th Cir.1998), abrogated on other grounds as stated in United States v. Farias, 481 F.3d 289, 292 (5th Cir.2007). Pennington said he immediately suspended the nine officers. He joined the New Orleans Police Department in 1991 We're going to be in a holy war. It is a cheap trick and he is attempting to manipulate you. FN17. 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). 1 ] is a probability sufficient to undermine confidence in the outcome convicted on drug-conspiracy charges.. FN5 rehearing! Officers who were incarcerated for almost Three decades are now free undercover agents. `` published upon review. Davis argues that Davis introduced him to Hardy citing Payne, 501 U.S. at 825 ) we also denied 's... On the street to a hit squad have been obtained against officers for bank robbery, bribery theft. Davis 's briefing on this point consists of a single paragraph in which he talked back to guards! 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sammy williams new orleans cop