United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. 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. [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). 5K1 in which the Government informs the sentencing judge of a witness's cooperation. That investigation, Operation Shattered Shield, involved soliciting NOPD officers to guard what they thought was a warehouse holding illegal drugs for shipment. You can use evidence that's admissible and been admitted, but please don't go beyond that. . That's how he thinks of her.. "There were a number of other police officers who were ready and prepared to go forward with playing a role in protecting the cocaine in this undercover operation. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. "We were able to intercept some conversations among the police officers who were on the protection detail . 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. They [Davis and Hardy] are friends. United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). He gets a free pass. Frank was just 23, and had initially been denied a The Government asserts that the lead prosecutors do not recall whether the district court discussed the note with the parties. Davis arranged to meet Hardy and Causey at the police station to view photos of homicide cases. 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. 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. If not now, when? The district court replied that she had two fundamental problems with the motion. at 587. Causey, 185 F.3d at 413-16; see also id. Williams also testified and corroborated much of the recorded conversations. A. Has the government-have I or any government attorney promised you anything? denied, 544 U.S. 1034 (2005). 241 and 242. In Davis's first appeal, we stated, the district court's decision on the ultimate question of discrimination is a fact finding, which is accorded great deference. Causey, 185 F.3d at 413. A reasonable probability is a probability sufficient to undermine confidence in the outcome. 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. denied, 130 S.Ct. And what does Davis, the defendant, do? Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. And he said, you see, that's your problem now. See Rogers v. Tennessee, 532 U.S. 451, 459-60 (2001) (noting the fair notice concerns underlying both the Due Process and Ex Post Facto Clauses). Accordingly, the district court conducted a hearing at the second stage of the sentencing phase to determine whether Davis and Hardy should be sentenced to death or to life imprisonment without release. 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). First, we assess whether the prosecutor made an improper remark. Id. Davis's re-sentencing proceedings began on July 25, 2005 before a jury.1 During the first stage of the re-sentencing, Davis elected to represent himself with appointed counsel serving as back-up.2 On August 3, 2005, the jury returned a verdict rendering Davis eligible for the death penalty, finding that he intentionally participated in an act contemplating that Groves would be killed, and did so after substantial planning and premeditation. See Causey, 185 F.3d at 412-21. In the context of the prosecutor's summation and the evidence overall, therefore, Davis's rights were not affected by the isolated remark. Me and my attorney asked the judge18 to allow us the opportunity-allow me the opportunity to cooperate before being sentenced. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Join the New Orleans Police Department. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. 9. The other police officers were arrested Wednesday. "We're on a crusade. At the selection phase, the prosecutor again argued that Hardy was a killer by trade, and that Davis had aided and abetted Hardy and his associates in their criminal activities. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. Q. McCrimmon, 443 F.3d at 461-62. Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. 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. Cf. Photo/Video will be published upon admin review and approval. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. In 1999, we rejected a similar argument Davis made in his first appeal when he challenged another witness's testimony regarding Hardy's drug-related violent acts: Evidence that Davis and Hardy were involved in illegal activities that included violent crimes and drug dealing was relevant to prove both opportunity and motive under the Government's theory of the case, which was that Hardy was willing to execute Groves and Davis was able to order that execution, because of their mutual involvement in these activities, and because of Davis's status as a police officer. The prosecution stated:He's already serving life for the cocaine conviction. United States v. Davis, 912 F.Supp. FN15. Upon conviction for a homicide, the FDPA provides for a separate, post-conviction penalty proceeding. Fourth, Davis asserts that omission of the FDPA elements from the indictment precluded the government from seeking the death penalty at re-sentencing. No juror found any mitigating factor. Specifically, we held that omission of the FDPA elements from the indictment was harmless error, and overruled the district court's findings to the contrary. In Murphy v. Dretke, 416 F.3d 427 (5th Cir.2005), cert. 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. 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 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. Davis thus was not prejudiced by the district court's error. And justice can only be had by sentencing Len Davis to death. During the selection phase, the Government elicited sentencing testimony from the victim's daughter, Jasmine Groves, that Davis did not deserve life imprisonment because he had not once said he was sorry, in over 11 years since the crime. Id. 242), Conspiracy to deprive rights resulting in death (18 U.S.C. 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)). As the district court held, victim-impact evidence has been upheld as constitutional. 10. 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. Washington State Department of Corrections, WA. This comes as all three were found to be wrongly convicted New Orleans Pelicans head coach Monty Williams, forward Anthony Davis (23), and New Orleans Pelicans guard Tyreke Evans (1) celebrate after the game between And the only way they can prove it, they gotta have you on tape and shit..FN3. United States v. Rodriguez, 581 F.3d 775, 796-97 (8th Cir.2009) (holding that testimony of six victim-impact witnesses was not overwhelming where witnesses explained the impact of the victim's murder on their lives and defendant presented mitigation witnesses). 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. The Supreme Court denied certiorari. 3595(c)(2). 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. WebRunning Head: The corruption in the New Orleans Police Department In a recorded conversation, Williams told Adams he could protect his drug operation, but he needed to bring his partner in on it. [20] The witness tampering conviction would be later overturned. Anything significant that you're aware of as to the homicide rate, homicide number in 1994? McDuffie, 542 F.2d at 241. 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. 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. When I asked him who was that, because I'm thinking it was policemen that he was inviting over since he was having a cookout, I think he's inviting policemen over. See United States v. Davis, No. This argument is also unavailing. Upon questioning by the prosecutor, he told jurors he was facing a mandatory five-year sentence and possible life sentence in prison on those charges. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). "I will not tolerate it, " Pennington said. Given the severity of the penalty in this case, we will review the claims separately. 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. 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..FN14. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? 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. When Hardy called Davis back almost immediately, Davis described Groves's appearance. On several occasions, Len Davis answered calls for assistance from fellow officers who were being shot at and assisted in apprehension of the suspects, putting his own life in danger to save the lives of his fellow officers. Id. For if not him, who? Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. FN17. Shortly before Davis's re-sentencing hearing, the defense proposed sixteen mitigating factors for submission to the jury, listed here in relevant part: 1. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges..FN5. All rights reserved. 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. Thus, there is no reasonable likelihood that the jurors understood the challenged instructions to preclude consideration of relevant mitigating evidence. Buchanan, 522 U.S. at 279. The court overruled Davis's objection to the instruction that, to prove premeditation, [t]here is no requirement that the government prove that the defendant deliberated for any particular period of time. The jury ultimately found this factor proven beyond a reasonable doubt for each of the two counts of conviction. Therefore, neither decision raises any ex post facto or due process concerns. 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. 3591-3599. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. Accordingly, this court's review of this claim is foreclosed. 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). The special interrogatory on the verdict forms, however, asked whether he posed a threat of future dangerousness to the lives and safety of other persons in prison. (emphasis added). WebIn addition to murder, Davis, his partner Sammie Williams and more than 20 other officers were convicted of extorting bribes and offering protection to a drug dealer. 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. At various times, the police officers conducted counter-surveillance of the undercover agents. 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. 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. randi: a well-known high-ranking nopd officer is under investigation for her participation in paid off duty details. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. Under this or the plain error standard, Davis's claim fails. It's intended to mean the same thing.. 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). Very bad. The district court corrected this error: [Y]our convictions were affirmed. A premeditated murder is one committed upon deliberation and prior design. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. When Ronald Doucette resigned from Delgado in 2014, college officials replaced him with another former New Orleans police officer: Julie Lea, a former lieutenant in internal affairs. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. at 423. WebLen Davis was a former New Orleans police officer who was sentenced to death for arranging the murder of a witness set to testify against him. FN3. Most of the targeted officers were hired in the late 1980s, two sources said. 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.). See 18 U.S.C. 3592(c)(9).15. He said, Yeah. "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.". He didn't have the decency to apologize. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. 3592(c)(9). 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. Penry v. Johnson, 532 U.S. 782, 797 (2001). As a result of this, we had to increase significantly the security of the FBI undercover agents.". Pennington said he immediately suspended the nine officers. 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 . Would it surprise you if I said it was the Florida? denied, 526 U.S. 1031 (1999) (waiving appellant's argument where it merely referenced pleadings filed in the district court without stating facts or legal authority in support). 3595(c). (quoting United States v. Collins, 972 F.2d 1385, 1406 (5th Cir.1992)). J.R. March 4, 2020. Davis directs us to Sinisterra v. United States, 600 F.3d 900 (8th Cir.2010), in support of his claim. In United States v. Flores, 63 F.3d 1342 (5th Cir.1995), we construed the word substantial as used in the substantial planning and premeditation aggravator to denote a thing of high magnitude. 63 F.3d at 1373. denied, 540 U.S. 1093 (2003). NEW ORLEANS . 3592, 3593(d). [PROSECUTOR]: The next year, 1995, the Florida only had four homicides. He is correct that evidence suggesting that he had been a well-behaved and disciplined prisoner is highly relevant to the jury's sentencing determination. He calls Davis. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. At the close of the selection phase, the district court invited objections from counsel regarding the jury instructions. See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. At the close of the selection phase hearing, the district court charged the following aggravating factor to the jury: That Mr. Davis poses a threat of future dangerousness to the lives and safety of other persons while imprisoned. The jury unanimously found that the Government had proven this factor beyond a reasonable doubt. However, we reversed Davis's and Hardy's convictions on Count 3 because of insufficient evidence. The evidence included recorded telephone conversations between Davis and Hardy discussing Groves's complaint and the plan to shoot her. United States v. Millsaps, 157 F.3d 989, 993 (5th Cir.1998) (citing Zafiro v. United States, 506 U.S. 534, 540 (1993)). Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. 3593(e). The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. The complaint alleges that Davis ordered the murder of Groves; Hardy carried it out; and Causey hid the murder weapon. Streed testified on direct regarding the effects of violent criminal activity on Davis's mental and physical health. In a pre-trial filing, Davis moved to strike this aggravating factor. Counsel used these words after requesting permission from the indictment precluded the Government argues that Miller-El established that a juror! Operation Shattered Shield and convicted on drug-conspiracy charges.. FN5 ; Hardy carried it ;... `` Pennington said that Davis is making essentially the same Batson challenge in. 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