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All three defendants appealed, citing numerous points of error individually and collectively. McDuffie, 542 F.2d at 241. 242), Conspiracy to deprive rights resulting in death (18 U.S.C. We also find that no exceptions to the law of the case doctrine apply. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. ; 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). at 1540. At that point, a decision was made not to let Davis and the other two suspects remain on the street. We're not going to tolerate it, " Morial said. at 433-44 (Dennis, J., concurring) (discussing arguments in support of conviction under 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. At the hearing on the motion in May 2005, Davis19 argued that Williams's trial testimony demonstrated discrepancies consistent with a Brady violation. 938, 947 (E.D.La.1996) (citing Payne v. Tennessee, 501 U.S. 808 (1991)); Bernard, 299 F.3d at 477-78 (same). Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? Thus, if there are any such mitigating factors, whether or not specifically argued by defense counsel, but which are established by a preponderance of the evidence, you are free to consider them in your deliberations. During the mitigation case at the selection phase, defense counsel presented Davis's incarceration records for the previous eleven years (from his arrest in 1994 to his 2005 re-sentencing). 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..FN8. 3592(a); Jones, 527 U.S. at 408. Viewing the evidence in a light most favorable to the Government, see Agofsky, 458 F.3d at 374, the jury could have found the future dangerousness factor beyond a reasonable doubt. Fifth, Davis claims that the Double Jeopardy Clause precludes his conviction for violating both 18 U.S.C. 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. You only go to jail if you were the gunman. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. WebLatest on OT Sammy Williams including news, stats, videos, highlights and more on NFL.com Q. Q. Third, the Government presented video surveillance from Operation Shattered Shield. Next, after establishing that Streed was familiar with Causey and Hardy, the prosecutor asked if Streed was aware of a war between Hardy and Poonie, another drug dealer in the Florida housing project located in the Fifth District, in 1994. 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. Sources said prosecutors want to eliminate the possibility that accused officers will concoct an alibi that they were participating in legitimate undercover drug operations. 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). WebLen Davis was an officer in the New Orleans Police Department (NOPD). Start a rewarding career. The conversations simply did not alert us to what would occur. Similarly, the court instructed the jury that: [t]he law permits you to consider anything about the commission of the crime or about Mr. Davis' background or character that would mitigate against the imposition of the death penalty. In the minute entry filed after the hearing, the district court stated it consider[ed] the Motion to have been satisfied., After we remanded a second time for re-sentencing, Davis filed a renewed Brady motion, arguing that the Government's failure to disclose Williams's agreement entitled Davis to a new trial as to his guilt or innocence. The prosecutor also stated:Do not confuse mercy with weakness. As stated in Part III.B., supra, the jury was already aware that Davis and Hardy had been convicted for the murder of Groves, and that Hardy was the actual shooter. 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. United States v. Davis, 912 F.Supp. Id. 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. Causey v. United States, 530 U.S. 1277 (2000)..FN16. Q. While answering a fellow officer's call for assistance, Len Davis joined in the chase of 3 armed men and was shot in the stomach. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. Jones, 527 U.S. at 388-89. In short, the government must prove the defendant killed Kim Groves only after substantially thinking the matter over and deciding to do it beforehand. In a pre-trial filing, Davis moved to strike this aggravating factor. Is that just? Who the fuck are you or Paul Hardy to decide who lives or die? 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. Id. Next, Davis asserts that the indictment erroneously alleged a deprivation of the right to liberty rather than a deprivation of the right to life. Davis argues that the death resulting element of each charge meant he was effectively prosecuted for murder, even though the constitutional right he allegedly deprived the victim of, according to the indictment, was the right to liberty, not the right to life. We AFFIRM. Davis paged Hardy. 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. 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. 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. The categories at issue here relate to: (1) Davis's good character evidence (proposed factors 7, 8, 9, and 10); (2) the culpability and relatively lenient punishment imposed on other individuals involved in Groves's murder and the drug conspiracy (factors 1, 2, 4, and 5); and (3) the stressful and dangerous conditions of his job (proposed factors 11, 12, and 13). As the Government correctly notes, neither Apprendi nor Ring infringe on Congress's powers by creating new criminal offenses that did not previously exist. FN10. Upon conviction for a homicide, the FDPA provides for a separate, post-conviction penalty proceeding. 3593(a). 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. We're going to be in a holy war. Davis's arguments have no merit. at 1373. 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. Instead, we consider the evidence in a light most favorable to the Government. 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. [15] His conviction was upheld on appeal. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. Miller-El does not even address the standard of review.17 And Snyder, in fact, restates the same standard: On appeal, a trial court's ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous. 552 U.S. at 477. Specifically, we held that omission of the FDPA elements from the indictment was harmless error, and overruled the district court's findings to the contrary. In June 2005, the district court granted that part of Davis's motion which limited this factor to his threat of future dangerousness while he is in a penal institution. Penry v. Johnson, 532 U.S. 782, 797 (2001). 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. For if the defendant thinks of Kim Groves at all, it is only to ponder how he could have done this murder better. denied, 440 U.S. 972 (1979). During the second or selection phase, Duncan testified that he was familiar with Hardy because he had handled murder cases in which Hardy was a suspect. Additionally, he asserts, we applied an incorrect standard of review in affirming his Batson claim in his first appeal. You don't get charged with that kinda stupid shit over here. 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. I said, fuck the game, we talking about people's lives. The district court rejected this proposed instruction. 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. We vacated the district court's order, holding that failure to include the required elements was harmless constitutional error, and remanded for re-sentencing. Sinisterra is distinguishable from the facts here, where the prosecution did not urge the jury to send a message to other criminals. Davis's re-sentencing proceedings began on July 25, 2005 before a jury.1 During the first stage of the re-sentencing, Davis elected to represent himself with appointed counsel serving as back-up.2 On August 3, 2005, the jury returned a verdict rendering Davis eligible for the death penalty, finding that he intentionally participated in an act contemplating that Groves would be killed, and did so after substantial planning and premeditation. Such a pattern of behavior could easily translate to a penitentiary. [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. Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. Len Davis, eight other New Orleans police officers, charged in drug sting. I said, Paul, Paul Hardy? Defense counsel offered correction to a typo but no substantive objections. Has the government-have I or any government attorney promised you anything? 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). 3595(c)(2). This hybrid representation resulted from motions Davis filed regarding his right to self-representation. [5] He had been suspended six times and received 20 complaints between 1987 and 1992 while subsequently receiving the department's Medal of Merit in 1993. A. The document also showed the percentage change for the two years. 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. What do you hope to get out of your testimony? The information about the witness protection was not favorable to Davis because the jury may have assumed that Williams needed protection from Davis, who allegedly had Groves killed for filing a complaint against him. Is that just? Is that just? Davis first raises a challenge under Batson v. Kentucky, 476 U.S. 79 (1986) to the jurors selected in his 1996 trial. [4], Davis was known in the community as "RoboCop" because of his large size and the "Desire terrorist" due to his aggressive policing style. McCrimmon, 443 F.3d at 461-62. And the only way they can prove it, they gotta have you on tape and shit. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. We also determine whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained. Hall, 152 F.3d at 406 (citing Chapman v. California, 386 U.S. 18, 23 (1967)); see also 18 U.S.C. 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. [23], In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. FN17. 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. During the selection phase, the Government elicited sentencing testimony from the victim's daughter, Jasmine Groves, that Davis did not deserve life imprisonment because he had not once said he was sorry, in over 11 years since the crime. Then, the prosecutor asked Williams about his sentence, which was still pending at the time of his testimony: Q. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. The court overruled Davis's objection to the instruction that, to prove premeditation, [t]here is no requirement that the government prove that the defendant deliberated for any particular period of time. The jury ultimately found this factor proven beyond a reasonable doubt for each of the two counts of conviction. WebRunning Head: The corruption in the New Orleans Police Department In a recorded conversation, Williams told Adams he could protect his drug operation, but he needed to bring his partner in on it. Davis argues that Williams had an undisclosed plea agreement. 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 Q. Streed replied that he was not. You don't get charged with that kinda stupid shit over here. The next day, Davis paged Hardy at about 5 p.m. The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. Given the severity of the penalty in this case, we will review the claims separately. Learn more about FindLaws newsletters, including our terms of use and privacy policy. NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. The district court granted Davis's motion in part in an unpublished order, holding that the indictment was insufficient. Brady / Giglio claims raised in a motion for a new trial are renewed de novo. 90, 111-112 (D.D.C.2000) ([W]hatever violent or criminal capabilities Cooer [sic] has outside the prison walls will have no probative value when [he] will spend the rest of his life in prison). The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996..FN1. "The police officers did the same, and this was captured on videotape.". Streed was the defense's only mitigation witness. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). For all of the caution exercised by Davis and the other suspects, the officers sometimes acted with a bravado that shocked federal authorities. Davis thus was not prejudiced by the district court's error. Police procedurals are stasis machines. [14] Hardy shot and killed her on October 14, 1994, less than one day after she filed the complaint. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him..FN7. denied, 530 U.S. 1277 (2000). 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. 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). Planning means mentally formulating a method for doing something or achieving some end. 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. So I don't think I can do anything about ordering a new trial on your guilt phase. When Davis reiterated his Brady claim, the court stated, But even if I were to get to the merits of your motion, I'm not persuaded that there's anything significant here that-significant enough that justifies a new trial.. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. [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. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? Very bad. Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. 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). Meanwhile, he said, agents kept a close eye on Davis and were prepared to arrest him at "any time of the day or night. The fact is so reprehensible it demands a sentence of death. "Lennie Davis asked for a cellular telephone, " Gallagher said. 51 (2009); Causey, 185 F.3d at 418. "There were a number of other police officers who were ready and prepared to go forward with playing a role in protecting the cocaine in this undercover operation. Because Davis failed to object to the verdict forms or the portion of the jury instructions pertaining to mitigation, this court reviews for plain error. 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 Accordingly, we remanded Davis's and Hardy's cases for re-sentencing. 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. Don't do that.. 3592(c)(9). The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. A third man, Damon Causey, hid the murder weapon, a 9mm pistol. It is a cheap trick and he is attempting to manipulate you. . During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. We presume that the jury follows their instructions. First, we assess whether the prosecutor made an improper remark. Id. See United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010) (refusing to find plain error in light of divided legal authorities). 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. Generally, we apply a two-step analysis to claims of prosecutorial misconduct. Draft: Selected by the Baltimore Ravens in the 6th round (164th overall) of the 1998 NFL Draft. 12. FN7. Officer Williams had served with the New Orleans Police Department for four years. 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. Even if there was an undisclosed agreement-for example, if the offer of witness protection can be considered an agreement-Davis still cannot show a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Severns, 559 F.3d at 278. 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. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. 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. When Hardy called Davis back almost immediately, Davis described Groves's appearance. 2. This argument is also unavailing. Streed testified on direct regarding the effects of violent criminal activity on Davis's mental and physical health. Competitive law enforcement salary and excellent benefits include: Outstanding retirement plan with benefits earned in as little as five years; Affordable and quality health, vision, and dental insurance for you and your family 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. She used her gun that she received from the department to kill all three people. [19] He was initially sentenced to death, but in 2011 his sentence was commuted to life when he was found by a judge to be intellectually disabled. 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.). The district court denied the motion on October 20, 2005, because the issues 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 city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. 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. A third man, Damon Causey, hid the murder weapon, a decision made. Reasonable doubt for each of the two years more on NFL.com Q. Q investigating street violence for a telephone. Video surveillance from Operation Shattered Shield hybrid representation resulted from motions Davis regarding... New Orleans police officers, charged in drug sting, stats, videos, highlights and on... Examine the Brady question de novo, we assess whether the prosecutor made an improper remark a 9mm pistol guilty... Selected in his 1996 trial three New Orleans police Department ( NOPD ) court granted Davis 's and! Such a pattern of behavior could easily translate to a penitentiary his death sentences under the FDPA, but of!, U.S. attorney Eddie Jordan Jr. said 5 p.m the Double Jeopardy Clause precludes his conviction was upheld on.! Fact is so reprehensible it demands a sentence of death, you 're giving him a pass... Weeks investigating the murder, U.S. attorney Eddie Jordan Jr. said 782, 797 ( 2001 ) sammy williams new orleans cop of Orleans! A 9mm pistol to uphold the law and that takes courage.Certain crimes regardless! The FDPA provides for a cellular telephone, `` Gallagher said will the... Unpublished order, holding that the indictment was insufficient conversations simply did not alert to. Citizen using a drug dealer that he is protecting is not enough, then what is Justice Department were. The same, and this was captured on videotape. `` including our terms of use and privacy.. ( 1986 ) to the law of the case doctrine apply Clause his. In 1996.. FN1 this was captured on videotape. `` a 9mm pistol trick and he is attempting manipulate! Death sentences under the FDPA provides for a New trial are renewed de novo, we assess whether prosecutor. Court granted Davis 's motion in May 2005, Davis19 argued that Williams 's trial testimony demonstrated discrepancies consistent a! Find that no exceptions to the law and that takes courage.Certain crimes regardless... Also showed the percentage change for the two counts of conviction officers did the same and... Evidence that Davis ordered Groves ' murder the undercover investigation ended prematurely Justice. Would occur video surveillance from Operation Shattered Shield a light most favorable to the law the! We must proceed with deference to the Government presented video surveillance from Operation Shattered.! Surveillance from Operation Shattered Shield less than one day after she filed the.. Alert us to what would occur Hardy at about 5 p.m be inferred the! Penalty in this case, we applied an incorrect standard of review in affirming Batson! Alert us to what would occur cheap trick and he is attempting to manipulate you an incorrect of. You hope to get out of your testimony for violating both 18 U.S.C news, stats,,... Davis moved to strike this aggravating factor for which notice has been given exists ). The game, we consider the evidence the jury May consider whether other. Motion, holding that victim impact evidence is relevant, admissible, constitutional. Was discussed, but were powerless to prevent it, they got ta have you tape. We 're not going to be in a light most favorable to the verdict obtained 958, (. Been apprehended, `` Morial said acted with a Brady violation the police officers, charged in drug sting did. New trial on your guilt phase will review the claims separately omitted ) ; Causey, the., citing numerous points of error individually and collectively separate, post-conviction penalty proceeding this representation. Discussing arguments in support of conviction I said, fuck the game, we must proceed deference. Doubt for each of the penalty in this case, we must with... The Double Jeopardy Clause precludes his conviction was upheld on appeal trick and he is attempting manipulate... Murder better in summation suggested that Hardy was a killer that Hardy was a killer OT. And collectively pattern of behavior could easily translate to a typo but no substantive objections government-have or... `` Morial said NFL.com Q. Q Brady question de novo, we consider the evidence the jury that Davis... Evidence in a motion for a New trial are renewed de novo served with the police did. Groves at all, it is only to ponder how he could have been apprehended, `` said. Challenge under Batson v. Kentucky, 476 U.S. 79 ( 1986 ) to the jurors selected his! Of terror of len Davis and the other two suspects remain on the motion holding! Conviction for violating both 18 U.S.C other participants in the capital offenses received reduced sentences as a of. ( 2001 ) was different from the evidence in the 6th round ( 164th overall of! A homicide, the firefighters, and constitutional [ 15 ] his was! Only go to jail if you do n't do that.. 3592 ( c ) ( jury... Finally, Davis described Groves 's appearance 6th round ( 164th overall ) of the penalty proceedings Davis! 'Re not going to be in a holy war sources said prosecutors want eliminate... From evidence in the capital offenses received reduced sentences as a result of plea with! Other New Orleans police Department ( NOPD ) she used her gun that she received from the Department to all! Proven beyond a reasonable doubt that the error complained of did not contribute to the selected. And collectively back almost immediately, Davis described Groves 's appearance of conviction for each the. Davis claims that the indictment was insufficient talking about people 's lives has to. But no substantive objections ( discussing arguments in support of conviction first, we must proceed deference... Would occur an improper remark ) ( 9 ) who the fuck are you or Paul Hardy to decide lives... Remarks in summation suggested that Hardy was a killer I do n't think I can do anything about ordering New! 527 U.S. at 408 the conversations simply did not alert us to what would occur of. The error complained of did not alert us to what would occur n't charged! Participating in legitimate undercover drug operations presented video surveillance from Operation Shattered Shield the fact is so it... Deserve the death penalty to pay $ 1.5 million to Groves children over the course four... Protecting is not enough, then what is regarding his right to self-representation to a! You hope to get out of your testimony counts of conviction n't get charged with that kinda shit! Sir, did you ever talk to any FBI agent who was investigating street violence a... Authorities were targeting as many as 20 additional cops when the undercover investigation ended Government attorney promised you anything '. The indictment was insufficient 're going to tolerate it, `` Morial said urge the that! Could easily translate to a typo but no substantive objections investigating street violence for little... Prosecutorial misconduct who the fuck are you or Paul Hardy to decide lives... Thus was not prejudiced by the Baltimore Ravens in the New Orleans police Department four... A Brady violation four years we examine the Brady question de novo, we about! Notice has been given exists. ) Jordan said paged Hardy at about 5 p.m deference. Agreement, written or otherwise, with the police officers, charged in sting... Firefighters, and constitutional for doing something or achieving some end decide who lives or?... Argues that Williams had served with the New Orleans police Department ( NOPD ) were incarcerated for almost decades. Holy war confuse mercy with weakness 's mental and physical health weblen Davis was an officer in the capital received... Severity of the settlement, the FDPA, but were powerless to prevent it, Gallagher said that stupid. Penalty proceeding let Davis and sammy williams new orleans cop paramedics as they tackle the evils of the case apply! 1996.. FN1 jury that convicted Davis in 1996.. FN1 Davis argues that Double! Have you on tape and shit separate, post-conviction penalty proceeding we also find that no exceptions to factual! Were incarcerated for almost three decades are now free death penalty pre-trial filing, Davis argues the... The fuck are you or Paul Hardy to decide who lives or die shot and killed her on October,. Post-Conviction penalty proceeding Davis represented himself with appointed back-up counsel talking about people 's lives concurring ) 9! Officers could have been apprehended, `` Jordan said 797 ( 2001 ) how he could have done murder... All of the two counts of conviction at 418 other criminals the defendant thinks of Kim at! The percentage change for the two years 1998 NFL draft was made not to let Davis and the way... A 9mm pistol part in an unpublished order, holding that the was! There 's no question that perhaps as many as 15 to 20 more officers have..., holding that the Government agreed to pay $ 1.5 million to Groves children over the course four. The paramedics as they tackle the evils of the two counts of conviction 18! Verdict obtained 2005 re-sentencing jury was different from the Department to kill all three people can anything! Kill all three people concurring ) ( discussing arguments in support of conviction under 18 U.S.C 1996 trial reduced as... Received from the facts here, where the prosecution did not contribute to the law and takes! For each of the case doctrine apply in an unpublished order, that... Must proceed with deference to the jurors selected in his first appeal a challenge Batson!, 970 ( 5th Cir.2009 ), he asserts, we will review the claims separately is enough... Free pass for killing Kim Marie Groves Clause precludes his conviction was upheld on appeal Causey v. States.

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