The parties contest whether the district court judge notified trial counsel before responding to the jury's question. 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. Oh, sure, they look like theyre moving. However, they also stated that they had never been told by Williams or by government attorneys that Williams actually had a plea agreement. We're going to be in a holy war. 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. 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. WebSammy Williams. Q. See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. Defense counsel offered Streed as an expert in police administration, procedures, training, supervision, and administration with particular emphasis on the description and analysis of stress affecting law enforcement officers, and particularly officer-involved use of force cases.. And the only way they can prove it, they gotta have you on tape and shit..FN3. denied, 528 U.S. 829 (1999). The fact is so reprehensible it demands a sentence of death. Davis first raises a challenge under Batson v. Kentucky, 476 U.S. 79 (1986) to the jurors selected in his 1996 trial. The undercover investigation was so secret that even former police Superintendent Joe Orticke was not told, sources said. Davis timely appealed. A prosecutor is allowed to ask questions in cross examination provided he has some good-faith factual basis for the incidents inquired about. United States v. Bright, 588 F.2d 504, 512 (5th Cir.1979) (citation omitted), cert. Q. Davis also places much weight on evidence of his violence-free prison record during the 11 years between his arrest in 1994 and his sentencing in 2005. 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. Minutes before the slaying, Davis was heard giving Hardy a description of Groves' clothing, prosecutors said. Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. Senior Police Officer Sharon M. Williams. Jordan, at a news conference with Gallagher and Police Superintendent Richard Pennington, said more indictments could follow in the coming weeks. Causey, 185 F.3d at 413-16. 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. Did you research that, Dr. Streed? One early meeting almost led to a showdown, he said. 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. See 18 U.S.C. 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). denied, 546 U.S. 1098 (2006), decided shortly after Miller-El, we determined that Miller-El did not change controlling law: [T]he [Miller-El] Court considered the type and quantum of record evidence required to demonstrate a Batson violation. To establish that Davis had worked in a high-crime area, defense counsel showed Streed two pages of crime statistics, which revealed that the Fifth District, where Davis was assigned after 1989, was a higher crime zone than any other NOPD district and in 1994 had one-third of all the city's homicides. 552 U.S. at 484-85. ), cert. The description matched what Groves had on at the time of her murder. Although she didnt kill Officer Williams, she was just as guilty. United States v. Davis, 912 F.Supp. Nonetheless, we hold that the facts and circumstances of this case make the error harmless. Do not capitulate, be vigilant. The Court did not announce any new elements or criteria for determining a Batson claim, but rather simply made a final factual and evidentiary determination of that particular petitioner's Batson claim pursuant to the demanding but not insatiable standard set forth in [the relevant statutory provisions governing habeas review]. Fields, 483 F.3d at 360. Davis argues that Miller-El established that a comparative juror analysis is the centerpiece of a Batson claim. In the selection phase, Duncan's testimony was relevant to rebut Davis's mitigation evidence regarding residual doubt as to his innocence. We're going to clean this department up.". This hybrid representation resulted from motions Davis filed regarding his right to self-representation. And he made the statement, well, Dunc, you just don't understand the game. Do not capitulate, be vigilant. Police officers put their lives at risk every day in the line of duty. Officer Williams, On today, the 25th anniversary of your death I would just like to say thank you for your service and sacrifice for the citizens of New Orleans. ), cert denied, 129 S.Ct. Well, other than the fact that it is considerably higher than the other eight districts, no. The prosecution stated:He's already serving life for the cocaine conviction. And the only way they can prove it, they gotta have you on tape and shit. He won't be punished at all. 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.). Five of the victims were men, but some of them were reportedly transgender. FN10. Defense counsel asked Williams about a 5K letter, a motion for downward sentence departure pursuant to U.S.S.G. Don't let that happen..FN12. The prosecutor also stated:Do not confuse mercy with weakness. You don't get charged with that kinda stupid shit over here. Sylvester, 143 F.3d at 928. 2783 (2009). Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. 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.. 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. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? Because [d]istrict courts enjoy substantial latitude in formulating a jury charge, we review all challenges to, and refusals to give, jury instructions for abuse of discretion. United States v. Webster, 162 F.3d 308, 321-22 (5th Cir.1998), cert. We examine his claims in turn. On redirect, the prosecutor then asked Jasmine to explain why she had thought a life sentence would mean things would end. She answered that she had believed it would mean no more court, no more nothing. But, she said she had now learned, he can keep appealing and keep going through this for the rest of our life [sic]. Defense counsel did not object. . FN18. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. 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. Davis and Williams then drove to Groves's neighborhood in their NOPD patrol car and searched for her. Frank was just 23, and had initially been denied a FN1. 3592(c)(9).15. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway "We're on a crusade. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. 3592(c)(9)..FN15. WebA onetime New Orleans cop, Frank, now 48, was always going to go rogue. How dare he compare your dedication, your willingness to follow your sworn duty with the murderous rampage of Len Davis. Follow the men and women who keep the citizens of New Orleans safe during the night. [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. 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. And I want you to listen to what I'm saying. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. The email address cannot be subscribed. 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.). 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. She used her gun that she received from the department to kill all three people. October 13th would see Officer Davis, in a police cruiser and in uniform, begin the hunt for Miss Groves with his partner Sammie Williams riding shotgun. Specifically, Davis argues that Miller-El v. Dretke, 544 U.S. 231 (2005) and Snyder v. Louisiana, 552 US. He gets a free pass. At approximately 11:00 p.m., Hardy shot Groves in the head, killing her. Davis's substantial rights were not affected such that a reversal of his sentences is warranted. 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). at 433-44 (Dennis, J., concurring) (discussing arguments in support of conviction under 18 U.S.C. I understand what you're trying to say, but please. 3593(a). In Murphy v. Dretke, 416 F.3d 427 (5th Cir.2005), cert. 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. See United States v. Davis, No. And justice can only be had by sentencing Len Davis to death. As Davis acknowledges, we addressed this issue in response to the Government's previous appeals from a district court ruling. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Show Transcript. Former New Orleans Police Officer Antoinette FrankCity of New Orleans police officer Ronnie Williams was 25 years old when his partner on the force, Antoinette Frank, and her accomplice Rogers Lacaze, shot him dead at point blank range as he moonlighted at a restaurant in New Orleans 9th Ward. 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). The exhibit included statistics regarding various types of felonies for 1994 according to district and reported the number of each kind of felony, for the city as a whole, for 1994 and 1995. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. See Flores, 63 F.3d at 1373-74. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Hi - I'm a native of New Orleans now living in California. Gallagher said the yearlong investigation involved more than 60 federal agents from across the country and was conducted with utmost secrecy. Davis further argues that the jury may have been confused because while imprisoned implied the length of time Davis would be incarcerated (and possibly released), while in prison denotes the fact that he would be incarcerated (with no release). See Williams, 517 F.3d at 806; McCrimmon, 443 F.3d at 461-62. Paul Demarest. A third man, Damon Causey, hid the murder weapon, a 9mm pistol. FN5. Courts have divided on the question of whether such an argument is permissible. Williams see [sic] a homicide and what does he do? FN17. We also rejected defendant's argument that the term substantial is vague because it is subjective and has different meanings. Id. Each faces up to life in prison, while Davis could face the death penalty in connection with Groves' murder. Jones, 132 F.3d at 241. 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 Anything significant that you're aware of as to the homicide rate, homicide number in 1994? [PROSECUTOR]: I am asking him if he would be surprised at that. United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). 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 summation at the close of the selection phase, the prosecutor returned to Jasmine's testimony to argue the family's wishes: In simple and powerful words, she [Jasmine] told you that life was too good for the defendant and she told you why. They kept up a Streed was the defense's only mitigation witness. Williams has not been charged, but he is expected to be arrested this week, sources said. Williams, Davis's partner in 1994, also testified that Davis recruited other police officers to guard warehouses of drugs and to escort drug couriers in their deliveries, and that Davis paid the recruits from money received from the undercover FBI agent. Id. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. 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. Notwithstanding our binding precedent, Davis asserts that the Supreme Court's ruling in United States v. Morrison, 529 U.S. 598 (2000) is intervening case law that brings the issue within the exception to the law of the case doctrine. 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)). How much investigating did you do, Dr. Streed, apart from the sheer and the bare numbers of the crime stats of 1994; I mean, did you compare things with '95? In 1994, Davis and Williams provide Adams policeprotection. 2. Huh? At the eligibility phase, the prosecutor opened by telling jurors they would hear how Davis had developed a particular relationship with Paul Hardy, a street assassin to the extent where he protected Hardy. Then, in summation, the prosecutor used similar language to discuss Hardy while playing some of the wiretap tapes: You know too from the tapes and testimony of Sammie Williams that the defendant is protecting a murder [sic] and dope dealer by the name of Paul Hardy. 3592(c)(9). that they were contemplating ripping off the couriers. Davis did not appeal this ruling. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. [25] Then, in December 2022, another man was released from prison after more than 30 years who was also convicted based on false testimony from Davis.[26][27]. He gets a free pass. The prosecutor also stated:Do not confuse mercy with weakness. 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. 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). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Two restaurant employees were also murdered. Now, do you believe in coincidences, Dr. Streed? Q. 3593(a). 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. 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. See Cervantes-Blanco, 504 F.3d at 587 (Even if we were to reconsider Cervantes's objection, there has been no change in Supreme Court or circuit law that would permit us to reverse the district court.); United States v. McCrimmon, 443 F.3d 454, 461-62 (5th Cir.2006). Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. Although the trial court failed to find a prima facie case of discrimination, it asked the prosecution to provide reasons for the strikes and, following the government's proffer and the defense's response, overruled the Batson challenges. Here, the proposed instruction for a considerable or large amount of planning is substantively covered in the final jury charge, where substantial planning is defined as requiring a considerable amount of planning preceding the killing. As for the definition of substantial premeditation, there is no reasonable likelihood that the jury would have applied the instruction in a way that prevented consideration of evidence. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. 4. FN5. Q. Defense counsel did not object to any of the prosecutor's questions. 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