[12] Kim Groves, a 32-year old local resident and mother of three young children, witnessed the assault and filed a complaint with the New Orleans Police Department. 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). res@alhamistravel.com Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. Police Officer Ronald A. Williams, II, New Orleans Police Moreover, there was not inappropriate disparagement of Davis or defense counsel. Therefore, the law of the case doctrine applies to foreclose review in this appeal. They were cryptic and they did not take on significance until compared with other events. Davis does not and cannot argue that this issue falls within the exceptions to the law of the case doctrine; therefore, review is foreclosed. Photo/Video will be published upon admin review and approval. Id. Police Officer Ronald Williams was shot and killed during a robbery while he was working a secondary employment assignment at a local restaurant at 4952 Bullard Avenue. In police code, 30 is the signal for a homicide. Follow the men and women who keep the citizens of New Orleans safe during the night. 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. Id. 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. 4. Rogers LaCaze, the co-defendant of notorious ex-New Orleans Police Department officer Antoinette Frank, was resentenced Friday to life without parole. 3592(c)(9). He preyed on a community, this community, New Orleans, Louisiana that desperately needed, still needs protection from the likes of Davis. If anybody kills somebody in the Florida, who is the first one they think of? 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. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. Duncan further testified about a conversation that he and Davis had about Hardy during a 1994 cookout at Davis's house: [DUNCAN]: Len Davis got on the phone and he told the individual on the phone, yeah, yeah, I'm home, yeah, it's just me, Dunc and Lemmie [Rodgers, another police officer], yeah, just come on over. Copyright 1996-2023, The Officer Down Memorial Page, Inc, Registration for the 2023 National Police Week 5K goes up $5 on March 2nd save on our introductory pricing and, register today to run or walk in your hometown, View Similarly, here, there was ample evidence from which a jury could conclude that Hardy and his crew were involved in killing and that Davis counseled and protected their endeavors. 18 U.S.C. You don't get charged with that kinda stupid shit over here. 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). In connection with this investigation, the FBI conducted surveillance and recorded cellular telephone conversations of Davis and other NOPD officers. 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. During deliberations, the jury sent the following note to the judge: Please clarify which is correct. Further, the Government did not mention Poonie during any other point in the trial, and did not argue about Poonie or his war with Hardy in summation. We generally look to three factors in deciding whether any misconduct casts serious doubt on the verdict: (1) the magnitude of the prejudicial effect of the prosecutor's remarks, (2) the efficacy of any cautionary instruction by the judge, and (3) the strength of the evidence supporting the conviction. Id. Now, do you believe in coincidences, Dr. Streed? 20 years ago: Restaurant killings, officer's arrest rocked city, NOPD. THE COURT: [Prosecutor], please stop testifying in your questions. One of Hardy's favors, at Davis's request, was to murder Groves. "The pertinent conversations were spread out over a 10-hour period and were intermingled with many other discussions concerning their protection activity at the warehouse. 405 U.S. at 154-55. Here, the Government's evidence supported the theory that Davis's modus operandi was to direct other persons to commit criminal acts and to inflict violence on other persons. FN6. His regular duty partner and her associate robbed the restaurant and fatally shot him. Join Facebook to connect with Sammy Williams and others you may know. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2783 (2009). Kim Marie Groves was murdered on October 13, 1994 in New Orleans, Louisiana, through the coordinated efforts of Davis and his co-conspirators Paul Hardy and Damon Causey. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. 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. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges..FN5. 9. 2. The citizens of the City of New Orleans wait for you to give them justice. 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. Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. The fact is so reprehensible it demands a sentence of death. And the only way they can prove it, they gotta have you on tape and shit. ", "We were concerned that he may engage in acts of violence. 5. 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). 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. The district court conducted an evidentiary hearing in May 2001, during which it heard testimony from Williams, his attorney, and the assistant U.S. attorney from whom Williams's attorney requested a plea agreement. 3593(b); see also Jones v. United States, 527 U.S. 373, 407-08 (1999). 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. 13981, which provided a private cause of action for victims of gender-motivated violence, was not a valid exercise of Congress's authority under Section 5 of the Fourteenth Amendment. Davis argues that his constitutional privilege against self-incrimination was violated by the italicized remarks, which highlighted his silence (particularly because he was absent from the proceedings). 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 The agreement comes almost 24 years after Groves killing was ordered by New Orleans police officer Len Davis, who was angry over a complaint the mother of three made against him. As part of the settlement, the city has agreed to pay $1.5 million to Groves children over the course of four years. That shit ain't gonna fly, man. After hearing the Government's and defense counsel's evidence, the jury returned a verdict recommending the death penalty, finding that the aggravating factors were proved beyond a reasonable doubt, that no mitigating factors were present, and that the aggravating factors sufficiently outweighed the mitigating factors to justify a death sentence. 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. Davis alleges eight points of error in the re-sentencing hearings. In a pre-trial filing, Davis moved to strike this aggravating factor. Accordingly, the district court did not abuse its discretion in refusing to incorporate Davis's proposed instruction. At the conclusion of the hearing, the court agreed with the prosecutor that new information could be brought out at re-sentencing if Williams testified. 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). While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. Review of this issue is foreclosed because Davis's conviction on both counts, based on sufficient evidence, was affirmed in his first appeal. In a pre-trial filing, Davis moved to strike this aggravating factor. The email address cannot be subscribed. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. Defense counsel used these words after requesting permission from the district court to lead the witness. If so, then we ask whether the defendant was prejudiced. If not now, when? 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. 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). Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. For example, when discussing Davis's plan of the murder, the prosecutor stated: Hardy's going to be the executioner and they're [Davis and Williams] are going to clean it up. 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. [15], Davis was convicted in 1996 on two federal civil rights charges for directing Hardy to murder Groves and for witness tampering. 18 U.S.C. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel..FN6. Planning means mentally formulating a method for doing something or achieving some end. Causey was an associate of both Hardy and Davis. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. United States v. Davis, 380 F.3d 821, 829-30 (5th Cir.2004), reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. Although Len Davis can distinguish right from wrong and deserves to be held accountable for his actions, his behavior was negatively impacted by being shot in the stomach while coming to the assistance of fellow officers. What do you hope to get out of your testimony? Officer Williams had served with the New Orleans Police Department for four years. He is survived by his wife and two young children. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. 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. The FDPA further prescribes our review of a death sentence imposed pursuant to its procedures. Police procedurals are stasis machines. We need not address the Government's argument that Davis waived this claim, because the claim was foreclosed when we affirmed Davis's convictions under Sections 241 and 242 in his first direct appeal. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Accordingly, we remanded Davis's and Hardy's cases for re-sentencing. 51 (2009); Causey, 185 F.3d at 418. Davis's back-up counsel did not object to these statements.7. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. 3592. See United States v. Davis, No. Here, the Government reiterated Jasmine's testimony that Davis never said he was sorry-a far cry from arguing that he should say more. In reply, the Government stated that Williams's request for a plea agreement was rejected, but if he cooperated without an agreement, witness protection would be made available. 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. at 1540. Instead, we consider the evidence in a light most favorable to the Government. Davis's substantial rights were not affected such that a reversal of his sentences is warranted. In Lesko v. Lehman, 925 F.2d 1527 (3d Cir.1991), for example, the defendant testified regarding biographical information in the mitigation phase, and the prosecutor impermissibly used that testimony to argue that he should have said more, including that he was sorry. Is that just? 11. Rather, it must be shown that there was both a considerable or large amount of premeditation and there was a considerable or large amount of planning preceding the murder. Is that just? 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. The motion also said the jury didn't know that officers Len Davis and Sammie Williams-the first officers on the scene-were known to cover up the identity of perpetrators and manipulate evidence at murder scenes at the housing project to cover up for drug dealers they protected. Davis argues that though Apprendi and Ring forbid treating the death resulting requirement as a sentencing factor, treating it as an element of the indictment amounts to a judicial rewriting of the underlying criminal statutes, in violation of the Separation of Powers doctrine and the constitutional prohibition on ex post facto laws. In Miller-El, a habeas case, the Supreme Court ruled that a Batson violation had occurred because another panel of this court had failed to thoroughly review the voir dire record to determine the plausibility of the state prosecutor's reasons for striking African American jurors. In his sixth claim, Davis argues that the district court abused its discretion in instructing the jury on the substantial planning and premeditation aggravating factor under 18 U.S.C. The jurors were instructed to the contrary by the court immediately before their deliberations, and were informed that the arguments were just that-not evidence. 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)). 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