Post by CCADP on Aug 13, 2005 11:01:19 GMT -5
EX-COP BACK ON DEATH ROW
DAVIS ALREADY PLANNING HIS APPEAL
Wednesday, August 10, 2005
By Michael Perlstein
Times Picayune
Remorseless to the end, former New Orleans police officer Len Davis was swiftly condemned to death for a second time Tuesday, nearly a decade after the cop-turned-killer became the first person to land on federal death row for a civil rights-related killing.
After a one-week resentencing hearing, a jury deliberated for slightly more than two hours before returning Davis to federal death row for directing a street assassin to kill a woman who had filed a brutality complaint against Davis and his patrol partner.
As he did at his original trial in 1996, Davis refused to enter the courtroom of U.S. District Judge Ginger Berrigan to hear his fate. But after his court-appointed attorneys told him of the verdict, he was triumphant, saying another death sentence makes it easier for him to file appeals.
"He was happy," defense attorney Julian Murray said. "He's already planning his appeal. . . . He feels the only way he can get his appeals heard is to get a death sentence. That's been his strategy throughout."
According to co-counsel Carol Kolinchak, the first words Davis said after hearing the verdict were: "I know you're upset, but this is what I wanted."
At his 1996 trial, Davis was found guilty of ordering the October 13, 1994, murder of Kim Groves; hit man Paul "Cool" Hardy was found guilty of carrying out the execution-style killing. Both men were convicted of conspiracy and of violating Groves' civil rights, but their death sentences were overturned because a third charge -- tampering with a federal witness -- was thrown out by the 5th U.S. Circuit Court of Appeals.
This time around, Davis was allowed to act as his own attorney and tried to cast doubt about his guilt. During the first phase of the hearing last week, in which prosecutors had to prove the crime was intentional and premeditated to make Davis eligible for the death penalty, the former cop energetically claimed he merely tried to lure Groves into a drug deal so he could arrest her and discredit her brutality complaint.
Davis' alibi, however, was not supported by any of the evidence, which consisted largely of taped telephone conversations in which the six-year officer was overheard orchestrating Groves' murder. The wiretaps were obtained by the FBI as part of an unrelated drug sting called Operation Shattered Shield, in which Davis recruited 11 other officers to protect a cocaine operation. Davis is serving a separate life sentence for his conviction in that case.
'Unmistakable testament'
U.S. Attorney Jim Letten said the speed with which the jury -- seven women and five men -- returned its verdict is "an unmistakable testament to the power and strength of the evidence and testament to the inescapable fact that Len Davis carried out a cold-blooded, despicable and brutal murder of a citizen.
"He is and was a horribly dangerous individual," Letten said.
In the FBI wiretaps, a foul-mouthed Davis gave drug dealers tips on the best time to kill rivals and avoid getting caught and, most significantly, set up Groves' murder. In a virtual replay of 1996 trial, the prosecution's star witness was Davis' former police partner, Sammie Williams, who helped guide the jury through the profanity- and slang-filled tapes. The only difference this time was that Williams took the witness stand as a free man, having served a 52-month sentence and a stint in the federal witness protection program as part of a plea bargain.
Celebrating a death
In one of the calls interpreted by Williams, Davis told him, "I could get 'P' to come do that ho now and then we can handle the 30," referring to Hardy as 'P' and using the police code for homicide. Later that night, after Davis spotted Groves from his patrol car, he called Hardy with a detailed description of her clothing. Then, in perhaps the most chilling segment of the wiretaps, Davis let out an unbridled scream of celebration, "Yeah! Yeah!" after confirming Groves was killed.
In describing the tape, prosecutor Mark Miller told the jury that Davis "cannot contain his hideous glee."
After the jury made Davis eligible for death last week, the disgraced ex-cop bowed out of the penalty proceedings and turned over the work to Murray and Kolinchak. But Davis barred them from presenting evidence typically used to argue for life in death penalty cases, typically mitigating conditions such as childhood trauma and psychological problems or pleas from family members. Kolinchak described Davis' tactics as "suicide by jury."
"When you walk in with one hand tied behind your back and blindfolded, there's not much you can do," Kolinchak said. "But Len Davis was in control of this case, and that's what he said he wanted."
Frustrated nightmare
One factor that could have been used to nudge the jury toward life was a letter from Groves' family opposing the death penalty for Davis. In the June letter, Groves' mother, father and three children wrote that they would rather see Davis disappear into the anonymity of a life sentence than remain in the spotlight through lengthy appeals. But the family's sentiments were blunted when Groves' youngest daughter, Jasmine, took the stand last week and said she was wavering from that position.
"You know what hurts the most is that for over 10 you did not once say sorry," Jasmine said, directing her comments toward Davis, though he had refused to leave his holding cell at that point in the proceedings.
After the verdict, however, the rest of the Groves family left the courtroom frustrated that their nightmare is not likely to end soon. They said they dread the thought of Davis returning to court for the lengthy and unavoidable death-row appeals process.
"I'm not satisfied," said Groves' oldest daughter, Stephanie Groves. "I wanted him to have life in jail so he could think about what he had done. Now he's just going to appeal, appeal, appeal."
She said her greatest frustration comes from the fact that "he doesn't feel anything. He doesn't care. He has no heart."
Despite being linked forever to one of the city's most sensational acts of police corruption, the family vowed to return to court as long as Davis and Hardy fight their cases. After Davis is formally sentenced in the coming weeks, the family's next court appearance will come in October, when Hardy is scheduled for his resentencing.
. . . . . . .
Michael Perlstein can be reached at mperlstein@timespicayune.com or (504) 826-3316.[
DAVIS ALREADY PLANNING HIS APPEAL
Wednesday, August 10, 2005
By Michael Perlstein
Times Picayune
Remorseless to the end, former New Orleans police officer Len Davis was swiftly condemned to death for a second time Tuesday, nearly a decade after the cop-turned-killer became the first person to land on federal death row for a civil rights-related killing.
After a one-week resentencing hearing, a jury deliberated for slightly more than two hours before returning Davis to federal death row for directing a street assassin to kill a woman who had filed a brutality complaint against Davis and his patrol partner.
As he did at his original trial in 1996, Davis refused to enter the courtroom of U.S. District Judge Ginger Berrigan to hear his fate. But after his court-appointed attorneys told him of the verdict, he was triumphant, saying another death sentence makes it easier for him to file appeals.
"He was happy," defense attorney Julian Murray said. "He's already planning his appeal. . . . He feels the only way he can get his appeals heard is to get a death sentence. That's been his strategy throughout."
According to co-counsel Carol Kolinchak, the first words Davis said after hearing the verdict were: "I know you're upset, but this is what I wanted."
At his 1996 trial, Davis was found guilty of ordering the October 13, 1994, murder of Kim Groves; hit man Paul "Cool" Hardy was found guilty of carrying out the execution-style killing. Both men were convicted of conspiracy and of violating Groves' civil rights, but their death sentences were overturned because a third charge -- tampering with a federal witness -- was thrown out by the 5th U.S. Circuit Court of Appeals.
This time around, Davis was allowed to act as his own attorney and tried to cast doubt about his guilt. During the first phase of the hearing last week, in which prosecutors had to prove the crime was intentional and premeditated to make Davis eligible for the death penalty, the former cop energetically claimed he merely tried to lure Groves into a drug deal so he could arrest her and discredit her brutality complaint.
Davis' alibi, however, was not supported by any of the evidence, which consisted largely of taped telephone conversations in which the six-year officer was overheard orchestrating Groves' murder. The wiretaps were obtained by the FBI as part of an unrelated drug sting called Operation Shattered Shield, in which Davis recruited 11 other officers to protect a cocaine operation. Davis is serving a separate life sentence for his conviction in that case.
'Unmistakable testament'
U.S. Attorney Jim Letten said the speed with which the jury -- seven women and five men -- returned its verdict is "an unmistakable testament to the power and strength of the evidence and testament to the inescapable fact that Len Davis carried out a cold-blooded, despicable and brutal murder of a citizen.
"He is and was a horribly dangerous individual," Letten said.
In the FBI wiretaps, a foul-mouthed Davis gave drug dealers tips on the best time to kill rivals and avoid getting caught and, most significantly, set up Groves' murder. In a virtual replay of 1996 trial, the prosecution's star witness was Davis' former police partner, Sammie Williams, who helped guide the jury through the profanity- and slang-filled tapes. The only difference this time was that Williams took the witness stand as a free man, having served a 52-month sentence and a stint in the federal witness protection program as part of a plea bargain.
Celebrating a death
In one of the calls interpreted by Williams, Davis told him, "I could get 'P' to come do that ho now and then we can handle the 30," referring to Hardy as 'P' and using the police code for homicide. Later that night, after Davis spotted Groves from his patrol car, he called Hardy with a detailed description of her clothing. Then, in perhaps the most chilling segment of the wiretaps, Davis let out an unbridled scream of celebration, "Yeah! Yeah!" after confirming Groves was killed.
In describing the tape, prosecutor Mark Miller told the jury that Davis "cannot contain his hideous glee."
After the jury made Davis eligible for death last week, the disgraced ex-cop bowed out of the penalty proceedings and turned over the work to Murray and Kolinchak. But Davis barred them from presenting evidence typically used to argue for life in death penalty cases, typically mitigating conditions such as childhood trauma and psychological problems or pleas from family members. Kolinchak described Davis' tactics as "suicide by jury."
"When you walk in with one hand tied behind your back and blindfolded, there's not much you can do," Kolinchak said. "But Len Davis was in control of this case, and that's what he said he wanted."
Frustrated nightmare
One factor that could have been used to nudge the jury toward life was a letter from Groves' family opposing the death penalty for Davis. In the June letter, Groves' mother, father and three children wrote that they would rather see Davis disappear into the anonymity of a life sentence than remain in the spotlight through lengthy appeals. But the family's sentiments were blunted when Groves' youngest daughter, Jasmine, took the stand last week and said she was wavering from that position.
"You know what hurts the most is that for over 10 you did not once say sorry," Jasmine said, directing her comments toward Davis, though he had refused to leave his holding cell at that point in the proceedings.
After the verdict, however, the rest of the Groves family left the courtroom frustrated that their nightmare is not likely to end soon. They said they dread the thought of Davis returning to court for the lengthy and unavoidable death-row appeals process.
"I'm not satisfied," said Groves' oldest daughter, Stephanie Groves. "I wanted him to have life in jail so he could think about what he had done. Now he's just going to appeal, appeal, appeal."
She said her greatest frustration comes from the fact that "he doesn't feel anything. He doesn't care. He has no heart."
Despite being linked forever to one of the city's most sensational acts of police corruption, the family vowed to return to court as long as Davis and Hardy fight their cases. After Davis is formally sentenced in the coming weeks, the family's next court appearance will come in October, when Hardy is scheduled for his resentencing.
. . . . . . .
Michael Perlstein can be reached at mperlstein@timespicayune.com or (504) 826-3316.[