Williams's sentencing judge was different from Davis's trial judge. At the time he was planning the murder with Hardy and Causey, Davis was unaware that he was the target of an FBI undercover investigation into corruption in the NOPD. 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. 242 and 2; and (3) willfully killing Groves to prevent her communications to a law enforcement officer regarding a possible federal crime, in violation of 18 U.S.C. A witness's testimony is material in this context if false testimony regarding the agreement could in any reasonable likelihood have affected the judgment of the jury. Giglio, 405 U.S. at 154 (internal quotation marks omitted). 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). 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. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. 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. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 murder. When Hardy called Davis back almost immediately, Davis described Groves's appearance. 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 [driver of the getaway vehicle], Damon Causey. FN19. The evidence showed that, besides orchestrating Groves's murder, Davis routinely used special codes to communicate with Hardy and Causey, and offered to assist them in covering up their criminal activities. Sylvester, 143 F.3d at 928. 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. [PROSECUTOR]: I am asking him if he would be surprised at that. [24] Davis has been linked to that murder as well. Pennington said he immediately suspended the nine officers. Me and my attorney asked the judge18 to allow us the opportunity-allow me the opportunity to cooperate before being sentenced. United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). When asked by the prosecutor, What did Paul Hardy do?, Williams replied: He was known in the Florida project where he resided as a drug dealer and a killer. Davis, who conducted the cross-examination,6 and his back-up counsel did not object to these statements. That'd be the Feds with that shit. First, during closing arguments at the selection phase, prosecutors stated that sentencing Davis to life imprisonment for his convictions under 18 U.S.C. 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.. United States v. Davis, 912 F.Supp. In a pre-trial filing, Davis moved to strike this aggravating factor. 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 district court conducted an evidentiary hearing in May 2001, during which it heard testimony from Williams, his attorney, and the assistant U.S. attorney from whom Williams's attorney requested a plea agreement. FN14. 2. Is that just? The citizens of the City of New Orleans wait for you to give them justice. The prosecutor's intent is not manifest if there is some other, equally plausible explanation for the remark. Grosz, 76 F.3d at 1326. Moreover, we have previously held that [a]though the prosecution may not appeal to the jury's passions and prejudices, the prosecution may appeal to the jury to act as the conscience of the community. Jackson, 194 F.3d at 655 & nn.54-56. Evidence is material if there is 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 (citation omitted). Q. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. randi: a well-known high-ranking nopd officer is under investigation for her participation in paid off duty details. 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). Birthdate: December 14, 1974. 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). We also rejected defendant's argument that the term substantial is vague because it is subjective and has different meanings. Id. at 433-44 (Dennis, J., concurring) (discussing arguments in support of conviction under 18 U.S.C. 472 (2008) establish that the district court erred in overruling his Batson challenges. And he said, oh, that's Paul. New Orleans Police Department, LA EOW: Tuesday, October 10, 1893 Cause of Death: Gunfire Patrolman John H. Keller New Orleans Police Department, LA EOW: Sunday, November 18, 1894 Cause of Death: Gunfire Patrolman John Teen New Orleans Police Department, LA EOW: Monday, April 27, 1896 Cause of Death: Gunfire Patrolman Martin 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. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. Has the government-have I or any government attorney promised you anything? 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. She was seen driving around in her patrol care on duty with that thug many times and even allowed him to drive her patrol car. Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. 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. The prosecutor also stated:Do not confuse mercy with weakness. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. 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. Under this or the plain error standard, Davis's claim fails..FN4. The district court corrected this error: [Y]our convictions were affirmed. 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. 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. See United States v. Davis, No. According to Council President, Helena Moreno, its not about the pay. 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. FN10. FN19. Accordingly, review of this issue is foreclosed. 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. Cf. 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). Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. A. 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. 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. He didn't have the decency to apologize. When a defendant seeks a new trial on the basis of a Brady violation, he must show that (1) the prosecution did not disclose the evidence; (2) the evidence was favorable to the defense; and (3) the evidence was material. Fernandez, 559 F.3d at 319 (quoting United States v. Infante, 404 F.3d 376, 386 (5th Cir.2005)). Davis was initially sentenced to death on April 26, 1996. FN15. FN9. 405 U.S. at 154-55. Here, the prosecutor's improper statements do not rise to the level of plain error. This briefing is insufficient for the purposes of Federal Rule of Appellate Procedure 28(a), and therefore the issue is deemed waived. FBI ballistics tests matched a 9 mm pistol found in Causey's bedroom to a bullet casing found at the scene of Groves' murder. [10] Davis would later be convicted of additional drug-related charges while the other officers pleaded guilty. Based on its consideration of the aggravating and mitigating factors, the jury decides unanimously whether the defendant shall be sentenced to death, to life imprisonment without possibility of release, or some other lesser sentence. You only go to jail if you were the gunman. Id. We examine the seven claims related to his convictions in turn, keeping in mind that we affirmed Davis's convictions in his first appeal. There was no contemporaneous objection to the victim-impact testimony or the related arguments by the prosecutor, and thus the claims are reviewed for plain error. Senior Police Officer Sharon M. Williams. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. 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. First, we assess whether the prosecutor made an improper remark. Id. 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