A. "I will not tolerate it, " Pennington said. UNITED STATES OF AMERICA Plaintiff-Appellee v. LEN DAVIS Defendant-Appellant. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. Miller-El v. Cockrell, 537 U.S. 322, 340 (2003) (In the context of direct review, therefore, we have noted that the trial court's decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal and will not be overturned unless clearly erroneous.) (internal citations and quotes omitted). 3595(c)(2). The government must also establish beyond a reasonable doubt that the murder was committed after substantial planning for you to find this element proved. His regular duty partner and her associate robbed the restaurant and fatally shot him. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. Pennington, appointed in October, was briefed about the probe in November, the sources said. Copyright 2023, Thomson Reuters. 472 (2008) establish that the district court erred in overruling his Batson challenges. 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. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Under this or the plain error standard, Davis's claim fails..FN4. 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. Davis and Hardy were sentenced to death; Causey, to life imprisonment. Real cocaine - more than 130 kilos - was used throughout the sting, as was real money, $97,000 of which was distributed to officers in payments as large as $6,000. Moreover, the jury had already heard wiretap excerpts of Davis and Hardy discussing Hardy's war with Poonie, demonstrating that Davis was aware of Poonie's and Hardy's rivalry. 938, 947 (E.D.La.1996). Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. Planning means mentally formulating a method for doing something or achieving some end. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? 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. Davis did not appeal this ruling. Gallagher said he was particularly concerned with the possibility of danger to undercover agents. The defense introduced the crime statistics during direct examination to support the theory that Davis was a product of the violent atmosphere in which he worked, thus opening the door to the Government's questions on cross-examination. You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. Id. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. ), cert denied, 546 U.S. 828 (2005)). 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 Davis contends that the judge responded without receiving input from counsel. For if the defendant thinks of Kim Groves at all, it is only to ponder how he could have done this murder better. Penry v. Johnson, 532 U.S. 782, 797 (2001). Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. at 421-23. The district court replied that she had two fundamental problems with the motion. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. 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. Any defense by officers that they didn't know what was stored at the site will be countered with hours of taped conversations, they said. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. denied, 530 U.S. 1277 (2000). Defense counsel offered correction to a typo but no substantive objections. Defense counsel did not object to any of the prosecutor's questions. [15], Davis was convicted in 1996 on two federal civil rights charges for directing Hardy to murder Groves and for witness tampering. Shortly before Davis's re-sentencing hearing, the defense proposed sixteen mitigating factors for submission to the jury, listed here in relevant part: 1. 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. 938, 947 (E.D.La.1996). Moreover, the general line of questioning-though not the form-was appropriate given the topics introduced in direct examination. The district court denied the motion on October 20, 2005, because the issues presented had been decided in numerous motions before Davis's re-sentencing. The Supreme Court denied certiorari. FN13. And justice can only be had by sentencing Len Davis to death. 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. They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. If she had lost her job, then she would never had a chance to copy the key to the restraunt and been able to let herself in after they closed. 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). FN9. Do not capitulate, be vigilant. The victim-impact testimony here did not violate Davis's due process rights. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. 9. You have permission to edit this article. I wanted to express my sympathy for the Williams family. 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. He said, Yeah. Id. College: Oklahoma. [10] Davis would later be convicted of additional drug-related charges while the other officers pleaded guilty. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. 3592, 3593(d). This court has recognized three exceptions to the law-of-the- case doctrine. Is that just? TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Prior to the August 2005 re-sentencing, and again after Jasmine's direct testimony, defense counsel obtained permission from the court to question her about a letter she and her family had sent to the United States Attorney General in June 2005. 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. A. They are designed to run in place. ", "We were concerned that he may engage in acts of violence. FN3. This principle receives even more play where there is no contemporaneous objection to the cross-examination. Id. 529 U.S. at 627. Well, I haven't seen the, you know, the previous years' crime statistics, so I'll accept that, but I don't know that that's true. ", In the days after the murder, the FBI overheard Davis and others planning other violent acts, Gallagher said. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. It is well-settled in this circuit that when a communication is received from the jury, counsel should be informed of its substance and afforded an opportunity to be heard before a supplemental charge is given. "We're on a crusade. Would it surprise you if I said it was the Florida? The perpetrators, including Officer Williams' partner, were apprehended and sentenced to death for the murders. This comes as all three were found to be wrongly convicted FN13. This qualification is necessary because for the jury the alternative to the death penalty will be an imposition of life imprisonment. The evidence included recorded telephone conversations between Davis and Hardy discussing Groves's complaint and the plan to shoot her. Causey was an associate of both Hardy and Davis. 3592(c)(9).15. Based on its consideration of the aggravating and mitigating factors, the jury decides unanimously whether the defendant shall be sentenced to death, to life imprisonment without possibility of release, or some other lesser sentence. at 1373. Jackson, 549 F.3d at 974-75 (testimony); Causey, 185 F.3d at 418-19 (arguments). The prejudicial effect of the prosecutor's improper did you know ? questions was tempered significantly when the district court admonished him to refrain from that type of questioning. ; see also United States v. Hillsman, 480 F.3d 333, 335-36 (5th Cir.2007); United States v. Hall, 152 F.3d 381, 406 (5th Cir.1998), abrogated on other grounds by United States v. Martinez-Salazar, 528 U.S. 305 (2000). 12. United States v. Davis, 912 F.Supp. That shit ain't gonna fly, man. Shortly after 7:30 p.m., Davis and Williams picked up Hardy at his home and drove back to Groves's neighborhood so that Hardy could walk around. The words substantial planning should be given their ordinary, every day meaning. The prosecution stated:He's already serving life for the cocaine conviction. 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. Further, a violation of Section 241 or 242 that results in death still carries a maximum sentence of life imprisonment or death-the same penalty that existed before Apprendi and Ring were decided. One of his contacts was Hardy, a man who was arrested but cleared in two previous New Orleans killings and is described in the complaint as the leader of a violent drug gang. 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. Sinisterra is distinguishable from the facts here, where the prosecution did not urge the jury to send a message to other criminals. WebSammy Williams. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 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. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. And he made the statement, well, Dunc, you just don't understand the game. (internal citation omitted). In April, the officers agreed to protect a drug shipment, then stunned an agent posing as a big-time cocaine dealer by showing up in uniform, Gallagher said. The arrests stem from a 10-month federal probe of police corruption that is expected to result in charges against as many as 11 other officers who allegedly were involved in large-scale drug trafficking, sources said. March 4, 2020. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. 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. Hardy replied he was on [his] way. Williams's shift ended at that point, and he left Davis with the patrol car. Maybe there wasn't enough evidence. Streed replied that he was not. . His wife and children are in our thoughts. 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. Davis alleges eight points of error in the re-sentencing hearings. 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.. Therefore, Davis's convictions cannot be overturned on this basis. 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. 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. Yes. United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). 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. 3592. No products in the cart. After the killing was officially logged as a murder by police, Davis and Williams were overheard celebrating the murder with Hardy, they said. 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