Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway The net effect of the prosecutor's testifying, according to Davis, conveyed to the jury that Hardy and Davis were responsible for the difference-i.e., almost 20 homicides in 1994. Causey v. United States, 530 U.S. 1277 (2000). 241 and 242). The letter she read into testimony was part of that impact. Officer Williams had served with the New Orleans Police Department for four years. (quoting United States v. Collins, 972 F.2d 1385, 1406 (5th Cir.1992)). Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. 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). United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. Therefore, the defendant and the government may introduce any relevant information during the sentencing hearing limited by the caveat that such information be relevant, reliable, and its probative value must outweigh the danger of unfair prejudice. United States v. Jones, 132 F.3d 232, 241 (5th Cir.1998). FN2. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. 3591-3599. Show Transcript. 01-30656, 2001 WL 34712238, at *3 (5th Cir. 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. There is so many things wrong with the justice system. You don't get charged with that kinda stupid shit over here. Q. What do you hope to get out of your testimony? All rights reserved. That'd be the Feds with that shit. Our review of the record reflects that in Davis's interactions with associates like Hardy, Causey, and others, Davis gave directions, offered advice, and assisted in his associates' nefarious activities.3 His leadership role and ability to influence others-generally positive qualities-became deadly when exercised to further criminal activity. Davis paged Hardy. Specifically, Davis believes the prosecutor used his cross-examination of Streed to bring before the jury the unsubstantiated claim that the Florida project had an unusually high number of homicides in 1994 (23 total), and that the number had dropped to only 4 homicides in 1995, coincidentally after Hardy and Davis were arrested. On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. 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. 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, it is not a relevant intervening change of law, and this issue does not fall within the exceptions to the law of the case doctrine. 3595(c). The Supreme Court denied certiorari. Causey, 185 F.3d at 413 (holding that the Government's explanations for their peremptory strikes were race neutral and not outside the realm of credibility) (citing Purkett v. Elem, 514 U.S. 765, 768 (1995)).16 Here, Davis presents arguments regarding strikes against seven African-American jurors, the same jurors whose strikes he appealed to the district court and to this court in Causey. On this Wikipedia the language links are at the top of the page across from the article title. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. Fourth, Davis asserts that omission of the FDPA elements from the indictment precluded the government from seeking the death penalty at re-sentencing. Therefore, Davis suffered no prejudice. FN3. We AFFIRM. Sammy Williams, who won a Tony Award in Michael Bennett's groundbreaking original Broadway production of A Chorus Line, has died. In other words, an issue of fact or law decided on appeal may not be reexamined either by the district court on remand or by the appellate court on a subsequent appeal. United States v. Williams, 517 F.3d 801, 806 (5th Cir.2008) (citation omitted); accord United States v. Cervantes-Blanco, 504 F.3d 576, 587 (5th Cir.2007); United States v. Becerra, 155 F.3d 740, 752 (5th Cir.1998), abrogated on other grounds as stated in United States v. Farias, 481 F.3d 289, 292 (5th Cir.2007). If not now, when? Defense counsel offered correction to a typo but no substantive objections. 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). 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 said he immediately suspended the nine officers. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. We vacated the district court's order, holding that failure to include the required elements was harmless constitutional error, and remanded for re-sentencing. 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. And the only way they can prove it, they gotta have you on tape and shit..FN3. FN9. 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. And justice can only be had by sentencing Len Davis to death. Life here is no punishment at all. He gets life, he wins again [I]f you don't return a sentence of death, which is the only just sentence in this case, Len Davis will be celebrating again tonight. Whether such error requires reversal depends upon the magnitude of the prejudicial effect, the efficacy of any cautionary instruction and the strength of the evidence of the defendant's guilt. 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. [A] prior decision of this [C]ourt will be followed without reexamination unless (i) the evidence on a subsequent trial was substantially different, (ii) controlling authority has since made a contrary decision of the law applicable to such issues, or (iii) the decision was clearly erroneous and would work a manifest injustice. Williams, 517 F.3d at 806-07 (citations omitted); Becerra, 155 F.3d at 752-53. As part of the probe, Police Superintendent Richard Pennington Monday called more than 50 police officers, including commanders, to the Municipal Training Academy. And the only way they can prove it, they gotta have you on tape and shit. Let's get back to why we're here. 18 U.S.C. The document also showed the percentage change for the two years. 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. Here, in the eligibility phase, Williams's testimony was relevant to show that Davis was familiar with Hardy's criminal activities, maintained a relationship with him, and therefore was able to call upon him as an intermediary to execute Groves. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is?. [21], Causey was convicted of federal conspiracy charges and violating Groves' civil rights. 3592. He gets a free pass. Their salary at that time was $18,000 a year. At approximately 10:00 p.m., Davis and Williams spotted Groves near her home. The complaint alleges that Davis ordered the murder of Groves; Hardy carried it out; and Causey hid the murder weapon. THE COURT: [Prosecutor], please try not to testify and give information. United States v. Davis, 912 F.Supp. In his seventh claim, Davis asserts that the district court committed plain error in instructing the jury on mitigating evidence or in drafting the verdict forms on the same. Before re-sentencing, the defense proposed the following written jury instruction, in relevant part, regarding the substantial planning and premeditation aggravating factor submitted by the Government: Substantial Planning and Substantial Premeditation. Is that just? Accordingly, the law of the case doctrine precludes review of his claim in this appeal. Did you research that, Dr. Streed? FN13. This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. FN6. Therefore, the prosecutor's remarks only argued the facts that the jury heard. Accordingly, the district court did not abuse its discretion in refusing to incorporate Davis's proposed instruction. 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. 3595(c)(2). Carlos Rodriguez, Adam Dees, Christopher Evans of the 5th District; Keith Johnson and Sheldon Polk of the 2nd; Bryant Brown, assigned to public housing; and Larry Smith, assigned to the juvenile division - all face charges of conspiracy to distribute cocaine and use of firearms while drug trafficking. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. denied, 544 U.S. 1034 (2005). A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. Additionally, no exceptions to the law of the case doctrine apply. Davis argued this motion pro se with his back-up counsel present..FN19. 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. Webhampton club new brunswick, nj for rent; unsworth medical centre; whatcom county shooting laws. The citizens of the City of New Orleans wait for you to give them justice. Join the New Orleans Police Department. Davis did not appeal this ruling. And it was an insult on our entire criminal justice system.. 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. A New Orleans cop called into the radio show to say he resented President Bush for the shower he took this morning at the White House. 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. Huh? 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). denied, 552 U.S. 1144 (2008). Gallagher said he was particularly concerned with the possibility of danger to undercover agents. 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. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. 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? Don't let him. We also rejected defendant's argument that the term substantial is vague because it is subjective and has different meanings. Id. 18 U.S.C. 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). ; 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). This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. The prosecutor then asked Williams: Q. 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). Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? Michael Perlstein and Walt Philbin wrote this report. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. Williams's sentencing judge was different from Davis's trial judge. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. Explore. [15] His conviction was upheld on appeal. What surprised authorities most, however, was the ease at which new officers were brought into the sting. Is that just? WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. 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). McCrimmon, 443 F.3d at 461-62. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show premeditation. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. The district court denied the motion on October 20, 2005, because the issues 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. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. 3595(c)(2). Any reason why you haven't been sentenced yet, to your knowledge? "We're on a crusade. 938, 947 (E.D.La.1996). For if not him, who? (citations omitted). We presume that the jury follows their instructions. McDuffie, 542 F.2d at 241. He won't be punished at all. 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. First, we assess whether the prosecutor made an improper remark. Id. Most of the targeted officers were hired in the late 1980s, two sources said. 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