denied, 544 U.S. 1034 (2005). Q. You don't get charged with that kinda stupid shit over here. A. However, the cases Davis cites in support of this argument are distinguishable. In July 1995, pursuant to the FDPA, the Government filed two notices of intent to seek the death penalty for Davis and Hardy, and the FDPA elements in support. FN8. Appointed in October, he acknowledged that he inherited a department riddled with corruption and vowed to weed out bad officers through aggressive internal investigations. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. 18 U.S.C. New Orleans Police Department, LA. at 421-23. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). Without an opportunity to provide input into the correct answer, he argues, the jury was misled. Vuelos Alquileres de vacaciones The fact is so reprehensible it demands a sentence of death. See United States v. Davis, 609 F.3d 663, 670 (5th Cir. 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. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. 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. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. Id. 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)). Oldtimers at the police academy thought so and put it in writing. In determining whether the jury instructions impermissibly limited consideration of mitigating evidence, an appellate court must ask whether there is a reasonable likelihood that the jurors understood the challenged instructions to preclude consideration of relevant mitigating evidence proffered by [the defendant]. Buchanan v. Angelone, 522 U.S. 269, 279 (1998) (quoting Boyde v. California, 494 U.S. 370, 386 (1990)). The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. 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. 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. At the time of his death, Officer Williams seemed to be building a solid career. 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. 242), Conspiracy to deprive rights resulting in death (18 U.S.C. 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. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. 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). 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. 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)..FN17. 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. And it was an insult on our entire criminal justice system. "The police officers, not the FBI, brought in all of these bad, corrupt cops.". Do not capitulate, be vigilant. Defense counsel offered correction to a typo but no substantive objections. Id. He joined the New Orleans Police Department in 1991 He said, Yeah. [19], Hardy was convicted of conspiracy to violate Groves' civil rights and of witness tampering. 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.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. There was no contemporaneous objection to the victim-impact testimony or the related arguments by the prosecutor, and thus the claims are reviewed for plain error. 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). ", In the days after the murder, the FBI overheard Davis and others planning other violent acts, Gallagher said. ; 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). "Lennie Davis asked for a cellular telephone, " Gallagher said. 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). WebRest in heavenly peace on this your 25 anniversary in heaven. First, we assess whether the prosecutor made an improper remark. Id. If not now, when? 13. at 1373. August 17, 2012. She used her gun that she received from the department to kill all three people. The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. And the only way they can prove it, they gotta have you on tape and shit..FN3. 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. "In September, a disturbing development occurred, " Gallagher said. FN9. This court has recognized three exceptions to the law-of-the- case doctrine. The victim-impact testimony here did not violate Davis's due process rights. This principle receives even more play where there is no contemporaneous objection to the cross-examination. Id. The federal documents include detailed transcripts of telephone conversations between Davis, Hardy and Causey, including conversations just minutes before and after the killing. Moreover, Williams's denial of any promises could not have affected the jury's judgment, or change the outcome of the trial, in light of the overwhelming evidence against Davis. Attorney Frank DeSalvo, who represents the Police Association of New Orleans, said Wednesday, "I just left three happy officers who didn't get indicted. This qualification is necessary because for the jury the alternative to the death penalty will be an imposition of life imprisonment. 938, 947 (E.D.La.1996). 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. 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. Finally, the prosecutor argued other facts, such as [t]he death penalty was an act [sic] for murderers like this and murderers like Len Davis. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 murder. FN13. They were contemplating taking an act of violence against the primary undercover agent. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. 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. For if not him, who? 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. And he said, oh, that's Paul. You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. [15] His conviction was upheld on appeal. 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. "The undercover agent was very clever, however, and stripped before the police officers to show that he was not wired at the time, " Jordan said. A refusal to give a requested instruction constitutes reversible error only if the proposed instruction (1) is substantially correct, (2) is not substantively covered in the jury charge, and (3) pertains to an important issue in the trial, such that failure to give it seriously impairs the presentation of an effective defense. Id. Why wasnt Antoinette fired from the police department? 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. But the most reasonable reading of the district court's answer is that the jury should have considered Davis's threat of future dangerousness while imprisoned or in prison-i.e., that the terms are interchangeable, and the wording discrepancy was a clerical error. The Brady/Giglio claim was correctly dismissed. The warehouse protection was run almost like a paid detail - a moonlighting job like the kind many officers hold - except the pay scale was much higher than the usual $15 an hour, authorities said. 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. 938, 947 (E.D.La.1996). If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? The FDPA provides that the Government may introduce as a non-statutory aggravating factor victim impact evidence including oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. 18 U.S.C. Jones, 527 U.S. at 388-89. The FDPA further prescribes our review of a death sentence imposed pursuant to its procedures. For the foregoing reasons, we AFFIRM Davis's convictions and sentences. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. We therefore will not reverse Davis's sentence on this ground. April 11, 2012. She should have had her badge, gun and keys taken from her. 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. Has the government-have I or any government attorney promised you anything? Do not capitulate, be vigilant. FN19. No products in the cart. 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. Id. Davis's substantial rights were not affected such that a reversal of his sentences is warranted. Cf. See Bernard, 299 F.3d at 482 (concluding that evidence of propensity for orchestrated criminal activity in prison permitted finding of future dangerousness). Davis argued this motion pro se with his back-up counsel present..FN19. FN11. Well, you know because you hear confirmation or corroboration of his testimony during the conversation between the defendant and his drug dealing, murdering friend, Paul Hardy, on Government's Exhibit LD-9.8. [PROSECUTOR]: I am asking him if he would be surprised at that. 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