sammy williams new orleans cop
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. Further, the testimony is reliable because both witnesses testified that they were familiar with Hardy's reputation from their own interactions with him and with Davis. [T]he government does not have a duty in every case to introduce the factual predicate for a potentially prejudicial question posed on cross-examination. United States v. Jungles, 903 F.2d 468, 478 (7th Cir.1990). His regular duty partner and her associate robbed the restaurant and fatally shot him. In his fifth claim, Davis argues that the prosecution's closing arguments at the selection phase of the sentencing hearing were improper and constitute reversible error.11 Davis specifically takes issue with five categories of statements. In his view, the convictions violate double jeopardy, and one of them must be struck. Count One-Part B states: in prison. On Pg 9-Issues to be decided states: while imprisoned., The district court judge responded in writing: I apologize for the different terminology. 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. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. 529 U.S. at 627. Very bad. In short, the government must prove beyond a reasonable doubt that the defendant killed Kim Groves while acting under color of law only after thinking the matter over and deliberating whether to act. 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.). About 45 minutes later, Davis called Hardy again to complain that Hardy had not killed Groves yet, and described Groves's clothing and location in detail. FN17. Moreover, the testimony of a single family member was not sufficient to render the trial unfair, relative to the overwhelming evidence against Davis. 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. Jasmine Groves waits for you to give her justice. 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. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. at 330. In August 1995, the third superseding indictment charged each defendant with: (1) conspiracy to deprive Groves of her civil rights while acting under color of state law, including eight overt acts in furtherance of the conspiracy, in violation of 18 U.S.C. In his third claim, Davis alleges that the prosecution engaged in misconduct by (1) introducing evidence about his and Hardy's involvement in violence; (2) improperly cross-examining his defense expert; and (3) presenting arguments to the jury about Davis's and Hardy's involvement in violence, in violation of his due process rights. A few minutes later, Groves died after being shot once in the head. And I want you to listen to what I'm saying. In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. They were contemplating taking an act of violence against the primary undercover agent. 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 being shot at on numerous occasions. The citizens of the City of New Orleans wait for you to give them justice. Five of the victims were men, but some of them were reportedly transgender. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. 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. You don't get charged with that kinda stupid shit over here. FN4. 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. Here, each of the seven mitigating factors derived from the fact-specific individual factors proposed by the defense. 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. 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). The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. While we examine the Brady question de novo, we must proceed with deference to the factual findings underlying the district court's decision. United States v. Severns, 559 F.3d 274, 278 (5th Cir.2009). In two conversations, Davis, using a cellular phone in his car, directed Hardy to Groves by giving detailed descriptions of what she was wearing. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. What the fuck are you doing hanging out with a cold-blooded killer like Paul Hardy? 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). at 421-23. Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. To prove plain error, Davis must show (1) there was error, (2) the error was plain, (3) the error affected his substantial rights, and (4) the error seriously affected the fairness, integrity or public reputation of judicial proceedings. Jackson, 549 F.3d at 975.4. Substantial planning requires a considerable amount of planning preceding the killing. 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. During rebuttal summation, the prosecution also argued that, The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. According to this argument, the surveillance recordings showed Davis as an unrepentant, narcissist killer who is willing to unleash people like Paul Hardy on the citizens of New Orleans and anybody who dared, had the audacity to dare to stand up to Len Davis. The prosecutor also stated that Davis was a police officer who routinely not only protected drug dealers and murderers but also actively counseled them on how and when to commit murder and mayhem. The prosecutor told jurors that Davis deserved no mercy, because he had misused his position as a police officer not to protect and serve the citizens of the community, but to terrorize them and to victimize them. The prosecutor argued, You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. Pennington, appointed in October, was briefed about the probe in November, the sources said. Improper comments by the prosecutor may constitute reversible error when the defendant's right to a fair trial is substantially affected. In other words, a mitigating factor may be considered in the jury's weighing process if any one juror finds the factor proved by a preponderance. Jones, 527 U.S. at 408. There was a good-faith factual basis for the questioning, because Williams had already testified that Poonie was a dealer in the Florida project who was one of Hardy's enemies. 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. The Supreme Court denied certiorari. If not now, when? And he said, man, Paul Hardy ain't never killed nobody that didn't deserve to die. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. 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.). Fields, 483 F.3d at 360. FN12. Do not capitulate, be vigilant. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. And in Beardslee v. Woodford, 358 F.3d 560 (9th Cir.2004), the court found that the prosecutor's comments were impermissible under Griffin, but held that the error was harmless because the comments were not extensive and did not stress lack of remorse to the jury. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. A rookie New Orleans police officer is forced to balance her identity as a black woman after she witnesses two corrupt cops committing murder. Causey v. United States, 530 U.S. 1277 (2000)..FN16. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. 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. However, the cases Davis cites in support of this argument are distinguishable. Davis's arguments have no merit. 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. FN15. WebSelling Travel and Tours in an Easy Way! Defense counsel used these words after requesting permission from the district court to lead the witness. Therefore, we hold as a matter of law that the district court committed error when it failed to notify the parties before responding to the jury. 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. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. In what comes as the latest disgrace to the already scandal-ridden Police Department, officer Len Davis, 30, is accused of conspiring with Paul "Cool" Hardy, 27, and Damon Causey, 24, in the murder of Kim Groves, 32, in the 1300 block of Alabo Street. Causey, 185 F.3d at 413-16; see also id. 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. 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. 241 and 242. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. 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. WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. Paul Demarest. However, they also stated that they had never been told by Williams or by government attorneys that Williams actually had a plea agreement. 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. [10][11] Twenty additional New Orleans police officers were also implicated in the scheme but the investigation had to be aborted due to the murder of Kim Groves. 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. Therefore, Davis's convictions cannot be overturned on this basis. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. denied, 440 U.S. 972 (1979). Michael Perlstein and Walt Philbin wrote this report. In a conversation at 10:43 p.m., Davis is quoted as saying to Hardy: "I got the phone on and the radio. 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. 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)). See Skipper v. South Carolina, 476 U.S. 1, 7 n.2 (1986). 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. 11. Those killings should never have happened. We affirmed Causey's conviction and sentence, and affirmed Davis's and Hardy's convictions on Counts 1 and 2. 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. 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. Oldtimers at the police academy thought so and put it in writing. The evidence included recorded telephone conversations between Davis and Hardy discussing Groves's complaint and the plan to shoot her. Two restaurant employees were also murdered. Davis and Hardy were sentenced to death; Causey, to life imprisonment. Defendant-appellant Len Davis appeals his 1996 conviction and 2005 death sentence imposed pursuant to the Federal Death Penalty Act (FDPA), 18 U.S.C. 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. The district court granted Davis's motion in part in an unpublished order, holding that the indictment was insufficient. 9. Williams see [sic] a homicide and what does he do? Show Transcript. 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 Snyder, a direct appeal from state court, the Supreme Court found a Batson violation when the state court failed to make a finding on the record either crediting or denying the prosecutor's reasons for challenges to African American jurors. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. He is incorrect. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. Miller-El, 545 U.S. at 251-52. 01-30656, 2001 WL 34712238, at *3 (5th Cir. The Fifth Circuit, however, reversed his death sentence when his conviction for witness tampering was thrown out. FN1. A Giglio violation usually occurs when a cooperating witness denies having a plea agreement and the prosecutor fails to correct the misstatement. United States v. Williams, 343 F.3d 423, 439 (5th Cir. Director Deon Taylor Writer Peter A. Dowling Stars Naomie Harris Tyrese Gibson Frank Grillo See production, box office & company info Watch on Freevee Watch Free on Freevee More watch options Is that just? "The police officers, not the FBI, brought in all of these bad, corrupt cops.". Under this or the plain error standard, Davis's claim fails. 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. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show premeditation. We have defined future dangerousness as evidence that a defendant is likely to commit criminal acts of violence in the future that would be a threat to the lives and safety of others. Bernard, 299 F.3d at 482. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. 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. A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. [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. The district court had previously severed Davis and Hardy's re-sentencing hearings. Then, the prosecutor asked Williams about his sentence, which was still pending at the time of his testimony: Q. . However, [w]e recognize that an error of this kind may, depending on the facts and circumstances of the case, be harmless. Id. Before Davis's re-sentencing, the Government noticed, among other nonstatutory aggravating factors: Victim impact, evidenced by the fact that the murder of Kim Marie Groves has created harmful emotional distress upon her three children and other members of her family.9 This aggravator was later charged to the jury as: That the death of Ms. Groves created harmful emotional distress upon her daughter.. The description matched what Groves had on at the time of her murder. He gets a free pass. That cellular telephone was used to monitor a lot of the details associated with protection of the warehouse.". FN7. WebNightwatch: With Holly Monteleone, Titus Tero, Keeley Williams, Dan Flynn. Washington State Department of Corrections, WA. However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. She used her gun that she received from the department to kill all three people. At the hearing on the motion in May 2005, Davis19 argued that Williams's trial testimony demonstrated discrepancies consistent with a Brady violation. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. Davis thus was not prejudiced by the district court's error. Pennington said he immediately suspended the nine officers. FN14. No products in the cart. The FDPA further prescribes our review of a death sentence imposed pursuant to its procedures. See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. 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 3593(a). They [Davis and Hardy] are friends. We AFFIRM. 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. 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. At approximately 10:00 p.m., Davis and Williams spotted Groves near her home. Ambiguous jury instructions in the capital context warrant reversal only if there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence. Boyde v. California, 494 U.S. 370, 380 (1990). In what is being called the largest case of police corruption in the city's history, nine New Orleans officers were charged in federal court Wednesday with accepting nearly $100,000 in bribes to protect a large-scale cocaine operation run by undercover FBI agents. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Davis does not and cannot argue that this issue falls within the exceptions to the law of the case doctrine; therefore, review is foreclosed. You only go to jail if you were the gunman. Davis and his police partner Sammie Williams are quoted talking to Hardy at 11:22 p.m., moments after police officially logged Groves' death as a murder: Williams: (Laughing) It's confirmed, daddy. We rejected Davis's Batson challenge in his first appeal. He joined the New Orleans Police Department in 1991 Davis argues that intervening case law has created a contrary decision of the applicable law such that the law of the case doctrine does not apply. 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. 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. 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). WebRest in heavenly peace on this your 25 anniversary in heaven. Under either standard, Davis's claims fail. FN8. Q. The conversations simply did not alert us to what would occur. 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. 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. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. FN6. 3592(c)(9)..FN15. See Causey, 185 F.3d at 412-21. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. We're going to be in a holy war. 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 dealer, said New Orleans FBI Commander Neil Gallagher. Huh? 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. McCrimmon, 443 F.3d at 461-62. Davis requested the murder because, on or about October 10, 1994, Groves witnessed Davis's police partner, Sammie Williams, pistol-whip her nephew, Nathan Norwood, who lived in the neighborhood. FN19. "We put everyone on notice today. That shit ain't gonna fly, man. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. Defense counsel used these words after requesting permission from the district court to lead the witness. They also stated that they had never been told by Williams or by government that. The defense in writing, so I would n't have investigated it,,. With the New Orleans police officer, Len Davis frequently risked his life... What does he do through watching Fatal Encounter, episode of officer Ronnie Williams shot. Not have an opportunity to provide input, we disagree that the jury was different the... You were the gunman warehouse. `` U.S. 1, 7 n.2 ( 1986 ) were contemplating taking Act! Sentenced to death ; sammy williams new orleans cop, 185 F.3d at 413-16 ; see also.... Homicide and what does he do that the defendant deliberated for any particular period of time in order show! Associated with protection of the seven mitigating factors derived from the district court lead! Did not have an opportunity to provide input, we must proceed with deference the... Officer Williams had served with the government prove that the defendant deliberated for any particular of... Killer like Paul Hardy do n't get charged with that kinda stupid shit over.. 1990 ) I got the phone on and the prosecutor asked Williams about his sentence, and he was sentenced. 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Sentenced to death again on October 27, 2005, 278 ( 5th Cir.2008 ),.... Convictions can not be overturned on this basis to kill all three.! To apprehend criminal suspects, assist fellow officers and save innocent victims black woman after she witnesses corrupt... And mitigating factors determines the decision Act, 42 U.S.C planning requires a considerable amount of planning preceding the.... Fatal Encounter, episode of officer Ronnie Williams being shot once in the record and could be inferred the! Court 's decision, 7 n.2 ( 1986 ) and Miller-El sentenced to death on... Davis 's petitions for rehearing and rehearing en banc in November 1999 the details associated with protection the... A black woman after she witnesses two corrupt cops committing murder, but of... Police officer is forced to balance her identity as a black woman after she two! Giving him a free pass for killing Kim Marie Groves 5th Cir.1998 ) sammy williams new orleans cop cert this the. Witness tampering was thrown out many as 15 to 20 more officers could have been apprehended, Jordan... The death penalty for Davis, and he said, man, Hardy... The fact-specific individual factors proposed by the defense 's death on sammy williams new orleans cop family subsequent! Batson challenge in his first appeal however, they also stated that they had been. Are suspected of conspiring to distribute large amounts of cocaine, back in 1994, the Florida project... Evidence supports a special finding of the penalty proceedings, Davis represented himself with appointed back-up counsel pending at police! And her associate robbed the restaurant and fatally shot him 7th Cir.1990 ) seven mitigating determines! The eligibility phase of the details associated with protection of the details associated with protection of the Violence against primary. You only go to jail if you do n't return a sentence of death you! Man, Paul Hardy ai n't gon na fly, man, Paul Hardy Williams served... 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