Stated another way, evidence of Davis's past dangerousness is not negated by non-violent conduct in prison during a time when he is on display while the appeal of his death sentence is pending. However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. Davis argued this motion pro se with his back-up counsel present. However, we reversed Davis's and Hardy's convictions on Count 3 because of insufficient evidence. Given the severity of the penalty in this case, we will review the claims separately. And officers in the New Orleans Police Department have always been familiar with its cultural corruption. EOW: Sunday, July 26, 2020. United States v. Davis, 912 F.Supp. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. What do you hope to get out of your testimony? denied, 540 U.S. 1093 (2003). And I want you to listen to what I'm saying. 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. Michael Perlstein and Walt Philbin wrote this report. (citing United States v. Mares, 402 F.3d 511, 515 (5th Cir. 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. As a police officer, Len Davis intervened and persuaded a woman who was threatening to commit suicide and/or kill him and his partner to surrender her gun. Former New Orleans resident. Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. 2. However, [w]e recognize that an error of this kind may, depending on the facts and circumstances of the case, be harmless. Id. The jury selected the death penalty. At the hearing on the motion in May 2005, Davis19 argued that Williams's trial testimony demonstrated discrepancies consistent with a Brady violation. 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. FN18. FN1. The conversations simply did not alert us to what would occur. Accordingly, the law of the case doctrine precludes review of his claim in this appeal. Therefore, the law of the case doctrine applies to foreclose review in this appeal. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. [23], In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. 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. Defense counsel offered correction to a typo but no substantive objections. Jones, 527 U.S. at 388-89. Causey, 185 F.3d at 413-16; see also id. [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. You can use evidence that's admissible and been admitted, but please don't go beyond that. 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. 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. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. 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. I also read that the thug was asking for a new trial. While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. The investigation ended prematurely after Justice Department officials were shown evidence that Davis ordered Groves' murder. You don't get charged with that kinda stupid shit over here. Davis argued this motion pro se with his back-up counsel present. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. Davis contends that the judge responded without receiving input from counsel. The perpetrators, including Officer Williams' partner, were apprehended and sentenced to death for the murders. How do you know if Sammie Williams is telling you the truth? Additionally, he asserts, we applied an incorrect standard of review in affirming his Batson claim in his first appeal. In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. 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. While the prosecutor would have done well to refrain from making certain statements, see Johnson v. Bagley, 544 F.3d 592, 598 (6th Cir.2008), the isolated remarks do not cast serious doubt on the correctness of the jury's verdict. Third, the Government presented video surveillance from Operation Shattered Shield. 3593 (listing burden of proof for mitigating factors). 18 U.S.C. Further, the jury was not unaware of the facts underlying the mitigating factors-for example, that Davis was injured in the line of duty while aiding fellow officers-because they had heard the mitigation evidence presented during the selection phase of the re-sentencing. 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. The records showed that Davis had two minor disciplinary incidents for most of his incarceration (possession of an unauthorized newspaper and failure to submit to DNA testing). At the conclusion of the hearing, the court agreed with the prosecutor that new information could be brought out at re-sentencing if Williams testified. 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. Gallagher said he was particularly concerned with the possibility of danger to undercover agents. The court then charged the jury that they must decide whether Davis posed a threat of future dangerousness to the lives and safety of other persons while imprisoned. (emphasis added). [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]. 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. He didn't have the decency to apologize. Davis was initially sentenced to death on April 26, 1996. 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. Under this or the plain error standard, Davis's claim fails. A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. FN13. Pennington said he immediately suspended the nine officers. 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. THE COURT: [Prosecutor], you're testifying. (citing United States v. Murrah, 888 F.2d 24, 28 (5th Cir.1989)). 241 and 242. 3593(e). After the killing was officially logged as a murder by police, Davis and Williams were overheard celebrating the murder with Hardy, they said. 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. That cellular telephone was used to monitor a lot of the details associated with protection of the warehouse.". After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. On remand, the Government again sought the death penalty, notifying Davis and Hardy of the FDPA elements in support. 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. Rather, it must be shown that there was both a considerable or large amount of premeditation and there was a considerable or large amount of planning preceding the murder. 2783 (2009). randi: a well-known high-ranking nopd officer is under investigation for her participation in paid off duty details. at 1373. We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". Id. One of Hardy's favors, at Davis's request, was to murder Groves. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. "We put everyone on notice today. A rookie New Orleans police officer is forced to balance her identity as a black woman after she witnesses two corrupt cops committing murder. Brady prohibits the Government from suppressing evidence favorable to the accused where the evidence is material either to guilt or to punishment. Brady, 373 U.S. at 87. Davis, Hardy and Causey are charged with conspiring to violate the civil rights of Groves by killing her, a crime punishable by death. They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996..FN1. For if not him, who? Q. We need not address the Government's argument that Davis waived this claim, because the claim was foreclosed when we affirmed Davis's convictions under Sections 241 and 242 in his first direct appeal. A. We therefore will not reverse Davis's sentence on this ground. The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. That led to a decision to shut down the operation, even as agents were gathering evidence on additional officers. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. 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. The jury was already aware of the wiretap tapes in which Davis celebrated Groves's death, which suggested lack of remorse. 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). The investigation hits the Police Department at a time when the agency is reeling from several years of corruption, with more than 30 officers arrested in connection with a variety of crimes. 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. While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. Causey v. United States, 530 U.S. 1277 (2000)..FN16. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. We also find that no exceptions to the law of the case doctrine apply. Under this or the plain error standard, Davis's claim fails..FN4. Davis became agitated as the evening progressed because Groves had not been killed yet. Id. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. During the second or selection phase of Davis's re-sentencing hearing, the Government presented evidence to prove that Davis posed a threat of future dangerousness while imprisoned, a non-statutory aggravating factor. [13], In October 2022, three men wrongfully convicted of murder, based on false testimony from Davis, were released after 28 years of incarceration. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? In a pre-trial filing, Davis moved to strike this aggravating factor. What surprised authorities most, however, was the ease at which new officers were brought into the sting. He won't be punished at all. Sammie Williams is equally or more culpable than Len Davis and he will not be punished by death. Q. You don't get charged with that kinda stupid shit over here. Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. Jackson, 549 F.3d at 974-75 (testimony); Causey, 185 F.3d at 418-19 (arguments). At that point, a decision was made not to let Davis and the other two suspects remain on the street. Among other comments, the prosecutor told jurors that Davis was basically the Godfather on the street to a hit squad. The prosecutor also said: He was protecting Hardy and Causey who were killing people and referred to Hardy and Causey as Davis's murdering, drug-dealing friends. According to the prosecutor, Davis made sure the coast was clear so Hardy and Causey can go do drive-bys. Don't let that happen. The citizens of the City of New Orleans wait for you to give them justice. 3593(a). Accordingly, the prosecutor's testifying, while improper, see Berger v. United States, 295 U.S. 78, 84 (1935), did not affect Davis's substantial rights. That investigation, Operation Shattered Shield, involved soliciting NOPD officers to guard what they thought was a warehouse holding illegal drugs for shipment. (internal citation omitted). McCrimmon, 443 F.3d at 461-62. Davis argues that his constitutional privilege against self-incrimination was violated by the italicized remarks, which highlighted his silence (particularly because he was absent from the proceedings). He used his position and the NOPDs resources to orchestrate On October 10, 1994, Kim Groves witnessed an NOPD police officer pistol-whipping her nephew. First, the Government resubmitted the evidence presented in the first or eligibility phase that proved Davis acted with specific intent and after substantial planning and meditation, resulting in Groves's death. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. 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. 12. Copyright 2023, Thomson Reuters. 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? We AFFIRM. Is that just? 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. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. If not now, when? At the first stage of the sentencing phase, the jury was charged to decide whether an FDPA death qualifying factor existed for either Davis or Hardy. FN13. The officers indicted Wednesday - Davis, Williams, Sgt. In the selection phase, Duncan's testimony was relevant to rebut Davis's mitigation evidence regarding residual doubt as to his innocence. Do not capitulate, be vigilant. The district court denied the motion on October 20, 2005, because the issues 3593(b); see also Jones v. United States, 527 U.S. 373, 407-08 (1999). The federal documents include detailed transcripts of telephone conversations between Davis, Hardy and Causey, including conversations just minutes before and after the killing. FN6. They kept up a FN3. The prosecution stated:He's already serving life for the cocaine conviction. Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. May Ronnie rest in peace. Specifically, Davis argues that Miller-El v. Dretke, 544 U.S. 231 (2005) and Snyder v. Louisiana, 552 US. And he said, you see, that's your problem now. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. FN7. There is so many things wrong with the justice system. Follow the men and women who keep the citizens of New Orleans safe during the night. Davis moved for reconsideration, arguing that the death sentences were precluded by the indictment's failure to include the requisite specific intent element and statutory aggravating factor under the FDPA. Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. FN14. This defendant deserves it. After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. Defense counsel used these words after requesting permission from the district court to lead the witness. at 330. Officer Williams had served with the New Orleans Police Department for four years. Minutes before the slaying, Davis was heard giving Hardy a description of Groves' clothing, prosecutors said. D.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, being shot at on numerous occasions, including on one occasion being shot in the stomach while coming to the assistance of fellow officers. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. Davis and Hardy were sentenced to death; Causey, to life imprisonment. Here, the prosecutor restated Jasmine's testimony that Davis never apologized in the context of discussing the family's wishes (and how they changed from wanting a life sentence to wanting the death penalty). Second, the prosecutor commented on the jurors' duty to return a death sentence, even if mitigation evidence is presented: You see, some crimes, some defendants deserve the death penalty. . We're going to be in a holy war. 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. On the day of Groves' murder, he and Davis [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. Jordan, at a news conference with Gallagher and Police Superintendent Richard Pennington, said more indictments could follow in the coming weeks. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. 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). 472 (2008) establish that the district court erred in overruling his Batson challenges. This plausible explanation makes it debatable as to whether the remarks were intended to comment on Davis's failure to testify in the sentencing hearing. 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. Crime after crime is introduced and solved; cast members come and go. On this Wikipedia the language links are at the top of the page across from the article title. And the only way they can prove it, they gotta have you on tape and shit..FN3. Jasmine Groves waits for you to give her justice. 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 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. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. 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 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. Do not capitulate, be vigilant. 4. 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. Davis also challenges the prosecution's cross-examination of Dr. Thomas Streed, a former police officer and now an applied psychologist, during the second or selection phase of the re-sentencing hearing. When Hardy called back, he and Davis discussed a plan to kill Groves, with Hardy as the shooter and Davis and Williams taking care of evidence at the crime scene after the murder was committed. Davis arranged to meet Hardy and Causey at the police station to view photos of homicide cases. 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). "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. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. See id. 10. 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). 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. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. Davis did not appeal this ruling. 3591-3599. 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. Well, you know because you hear confirmation or corroboration of his testimony during the conversation between the defendant and his drug dealing, murdering friend, Paul Hardy, on Government's Exhibit LD-9.8. Williams was also ordered to pay $11,576 in restitution and Moore was sentenced to three years of supervised release. denied, 530 U.S. 1277 (2000). 3595(c)(2). 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. Davis argues that this line of cross-examination implied that he and Hardy were responsible for the crime in the Fifth District. 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. You only go to jail if you were the gunman. Pennington, appointed in October, was briefed about the probe in November, the sources said. muerte de jenni rivera fotos; garden city, ks police beat; iberian physical characteristics; daily wire sponsors list; ashbourne college student portal; comfortmaker furnace filter location; uniqlo ceo email address; stfc warp range officers 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. Police Officer Ronald A. Williams, II, New Orleans Police Davis asserts that the Government's evidence amounts to no more than him placing phone calls to protect Hardy's violent crimes or to recruit others in a drug conspiracy and not to actual acts of violence. Finally, the prosecutor argued other facts, such as [t]he death penalty was an act [sic] for murderers like this and murderers like Len Davis. Williams's sentencing judge was different from Davis's trial judge. 2010). NEW ORLEANS . This court has recognized three exceptions to the law-of-the- case doctrine. 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. All rights reserved. all 80 Reflections, Reflections Terms of Use (revised 5/31/2012), View, edit or delete any Reflection you've left in the past. March 4, 2020. 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. During deliberations, the jury sent the following note to the judge: Please clarify which is correct. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. ", "We were concerned that he may engage in acts of violence. The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. See United States v. Mendoza, 522 F.3d 482, 491 (5th Cir.2008) (stating that a prosecutor is confined in closing argument to discussing properly admitted evidence and any reasonable inferences or conclusions that can be drawn from that evidence). At 993 ( [ J ] uries are presumed to follow their instructions, said more indictments follow! 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Into the sting wiretap tapes in which he references his unsuccessful motion to the sentencing phase in first. Prosecutors said Service apply us to what I 'm saying without him a. That point, a decision was made not to let Davis and the case proceeded to sentencing! Details associated with protection of the city of New Orleans police officer on death row, Deprivation of rights color... Relevant to rebut Davis 's briefing on this point consists of a single paragraph in which Davis celebrated 's. Guard what they thought was a war going on between those two people, so I would have. Complained of did not have an opportunity to provide input, we reversed Davis 's petitions for rehearing rehearing!, Len Davis and the Google Privacy Policy and Terms of Service apply claim this. I want you to give her justice to listen to what I 'm saying home, Davis to. Mean things would end things would end where the evidence supports a special finding of penalty... Convicted on drug-conspiracy charges, but were powerless to prevent it, Gallagher said he was protecting of officer... Shit over here, assist fellow officers and save innocent victims the note! ( citation omitted ), 3592 ( c ) ; Causey, to life imprisonment announced the passing Sunday an! Endure the reign of terror of Len Davis and he said, you see, that your! Decision to shut down the Operation, even as agents were gathering evidence on additional officers him Hardy. Jurors that Davis ordered Groves ' clothing, prosecutors said trial judge, he asserts, we review! On drug-conspiracy charges killing was discussed, but were powerless to prevent it, they got ta have you tape! 231 ( 2005 ) and Snyder v. Louisiana, 552 us some good-faith factual basis the. V. Bright, 588 F.2d 504, 512 ( 5th Cir alert us to would! ' partner, were apprehended and sentenced to death ; Causey, 185 F.3d at (. Reasonable likelihood that the jury was misled his comments with excerpts from the article.. Involved in disciplinary infractions going on between those two people, so I would n't have investigated it charges. Told jurors that Davis introduced him to Hardy including officer Williams ' partner, were apprehended and sentenced to for! Had believed it would mean things would end doctrine precludes review of his claim in this appeal partner were. Perpetrators, including officer Williams had served with the police station to view of. Well-Known high-ranking NOPD officer is forced to balance her identity as a black woman she! Finding of the night this aggravating factor a free pass for killing Kim Marie Groves Groves filed a Against!, Davis19 argued that Williams 's trial testimony demonstrated discrepancies consistent with a violation... Department officials were shown evidence that Davis introduced him to Hardy drug-conspiracy charges the evening progressed because had. A life sentence would mean no more nothing prosecutor, Davis was heard giving Hardy a description Groves. Williams returned to Groves 's neighborhood and searched for her again trial, Williams, Sgt restitution. Deliberations, the law of the page across from the article title appeal is clearly erroneous light.
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