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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. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. At the close of the selection phase, the district court invited objections from counsel regarding the jury instructions. Accordingly, the district court conducted a hearing at the second stage of the sentencing phase to determine whether Davis and Hardy should be sentenced to death or to life imprisonment without release. His regular duty partner and her associate robbed the restaurant and fatally shot him. 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. See 18 U.S.C. And it was an insult on our entire criminal justice system. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel..FN6. Thereafter, Davis refused to return to the courtroom for the second stage of the re-sentencing, but permitted his back-up counsel to proceed in his absence. The other police officers were arrested Wednesday. Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. I said, fuck the game, we talking about people's lives. Director Jim McBride Writers Daniel Petrie Jr. (screenplay by) Jack Baran (screenplay) Jim McBride (screenplay) Stars Dennis Quaid Ellen Barkin Ned Beatty See production, box office & company info Their salary at that time was $18,000 a year. But see United States v. McWaine, 243 F.3d 871, 873-74 (5th Cir.2001), overruled on other grounds by United States v. Cotton, 535 U.S. 625 (2002) (applying the two-step analysis where the defendant did not object to prosecutor's allegedly improper remarks); United States v. Lankford, 196 F.3d 563, 573-74 (5th Cir.1999) (same). That'd be the Feds with that shit. Williams also testified and corroborated much of the recorded conversations. Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. Moreover, there was not inappropriate disparagement of Davis or defense counsel. "Unfortunately, we were not provided on Oct. 13 with enough information to allow us to prevent it, " he said. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. The district court had previously severed Davis and Hardy's re-sentencing hearings. Q. Instead, we consider the evidence in a light most favorable to the Government. Defense counsel used these words after requesting permission from the district court to lead the witness. 241 and 242. Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. This comes as all three were found to be wrongly convicted We therefore will not reverse Davis's sentence on this ground. FN1. denied, 130 S.Ct. This was in direct response to the court's sustaining his objection to the prosecutor's mention of other criminal cases in the Government's summation. . And it was an insult on our entire criminal justice system. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. "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. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. The prejudice step sets a high bar The determinative question is whether the prosecutor's remarks cast serious doubt on the correctness of the jury's verdict. Id. Miller-El, 545 U.S. at 251-52. Officer Williams had served with the New Orleans Police Department for four years. Michael Perlstein and Walt Philbin wrote this report. The email address cannot be subscribed. Former New Orleans police officer on death row, Deprivation of rights under color of law resulting in death (18 U.S.C. After the killing was officially logged as a murder by police, Davis and Williams were overheard celebrating the murder with Hardy, they said. On the day of Groves' murder, he and Davis Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. denied, 552 U.S. 1144 (2008). Miller-El v. Cockrell, 537 U.S. 322, 340 (2003) (In the context of direct review, therefore, we have noted that the trial court's decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal and will not be overturned unless clearly erroneous.) (internal citations and quotes omitted). Here, the remark was not directed to facts outside the record or unrelated to the evidence introduced at trial. Photo/Video will be published upon admin review and approval. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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). 10. Davis requested the murder because, on or about October 10, 1994, Groves witnessed Davis's police partner, Sammie Williams, pistol-whip her nephew, Nathan Norwood, who lived in the neighborhood. J.R. March 4, 2020. 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. More top cops with the New Orleans Police Department are said to be leaving. Millsaps, 157 F.3d at 993 ([J]uries are presumed to follow their instructions.); see also Flores, 63 F.3d at 1374-75 (no abuse of discretion in tendering verdict form with ambiguous standard of proof to jury where the district court repeatedly instructed the jury as to the proper standard). You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. Davis's Batson claim does not fall within the exceptions to the law of the case doctrine. You don't get charged with that kinda stupid shit over here. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. 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. No juror found any mitigating factor. However, admission of the evidence violates Davis's due process rights if it is so unduly prejudicial that it renders the trial fundamentally unfair. Bernard, 299 F.3d at 477 (citing Payne, 501 U.S. at 825). The district court denied the motion, refusing to extrapolate from the Fifth Circuit's decision [in Causey] a determination that the Government did not prove its case for death with regard to Counts 1 and 2 because the evidence had been insufficient to sustain a conviction on Count 3. We affirmed the ruling. "We were able to intercept some conversations among the police officers who were on the protection detail . at 1540. FN17. 241 and 242 would not, as a practical matter, punish him for those offenses because he was already serving a life sentence on an earlier drug conspiracy offense.12 In rebuttal summation, the prosecutor also stated: But more importantly, as [defense counsel] told you, if you don't sentence him to death, this murder is a freebie. Davis does not and cannot argue that this issue falls within the exceptions to the law of the case doctrine; therefore, review is foreclosed. The testimony did not render the trial fundamentally unfair, as Davis's counsel was able to cross-examine Jasmine (and to ask leading questions). Davis alleges eight points of error in the re-sentencing hearings. 18 U.S.C. If you don't return a sentence of death, you're giving him a free pass for killing Kim Marie Groves. Under this or the plain error standard, Davis's claim fails..FN4. Fields, 483 F.3d at 360. 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 district court granted Davis's motion in part in an unpublished order, holding that the indictment was insufficient. He gets a free pass. Upon conviction for a homicide, the FDPA provides for a separate, post-conviction penalty proceeding. WebBecome a New Orleans Police Officer Make a difference. FN17. The officers indicted Wednesday - Davis, Williams, Sgt. Explore. ", "We were concerned that he may engage in acts of violence. Any defense by officers that they didn't know what was stored at the site will be countered with hours of taped conversations, they said. New Orleans Pelicans head coach Monty Williams, forward Anthony Davis (23), and New Orleans Pelicans guard Tyreke Evans (1) celebrate after the game between At 10 P.M. on Oct. 13, Williams has not been charged, but he is expected to be arrested this week, sources said. A Giglio violation usually occurs when a cooperating witness denies having a plea agreement and the prosecutor fails to correct the misstatement. United States v. Williams, 343 F.3d 423, 439 (5th Cir. For if not him, who? A. For all of the caution exercised by Davis and the other suspects, the officers sometimes acted with a bravado that shocked federal authorities. Oldtimers at the police academy thought so and put it in writing. Real cocaine - more than 130 kilos - was used throughout the sting, as was real money, $97,000 of which was distributed to officers in payments as large as $6,000. 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. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. 01-30656, 2001 WL 34712238, at *3 (5th Cir. 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. Meanwhile, he said, agents kept a close eye on Davis and were prepared to arrest him at "any time of the day or night. 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). While we agree that counsel did not have an opportunity to provide input, we disagree that the jury was misled. Here, the Government's evidence supported the theory that Davis's modus operandi was to direct other persons to commit criminal acts and to inflict violence on other persons. One of the officers, a 5th District sergeant, is a commander. 241), List of death row inmates in the United States, List of inmates at the United States Penitentiary, Terre Haute, List of killings by law enforcement officers in the United States prior to 2009, "Baumgartner Death Sentences 22 Sept 2019", "Len Davis sentenced to death for murder of Kim Groves", "Officer Len Davis, two others, charged in death of Kim Groves", "Law & Disorder - Timeline: NOPD's Long History of Scandal", "Len Davis convicted of running cocaine protection racket", "Len Davis, eight other New Orleans police officers, charged in drug sting", "9 New Orleans Police Officers Are Indicted in U.S. Drug Case", "A murder 20 years ago marked low point for NOPD", "City to pay $1.5M to Kim Groves' children, 24 years after NOPD officer had her killed", "Len Davis, triggerman convicted of capital murder in death of Kim Groves", "Ex-officer convicted for 1994 hit wants federal judge back", "FindLaw's United States Fifth Circuit case and opinions", "Murderous ex-cop has no fool for a client: An editorial", "Len Davis, Petitioner v. United States of America", "Hit man who killed Kim Groves in 1994 is sentenced to life in prison", "United States of America, Plaintiff-appellee, v. Damon Causey, Defendant-appellant.united States of America, Plaintiff-appellee, v. Paul Hardy, Also Known As P, Also Known As Cool; and Len Davis, Defendants-appellants, 185 F.3d 407 (5th Cir. Whether such error requires reversal depends upon the magnitude of the prejudicial effect, the efficacy of any cautionary instruction and the strength of the evidence of the defendant's guilt. Therefore, neither decision raises any ex post facto or due process concerns. The verdict form and the jury instructions plainly said so. Most of the prosecutor's comments in the summation referred to Hardy's involvement in Groves's murder, and were corroborated by the wiretap tapes. In 1995, Lacaze was convicted along with former NOPD officer Antoinette Frank of killing her partner Ronald Williams, and Ha Vu and Cuong Vu at the New Orleans East restaurant, Kim Anh Noodles. There was a good-faith factual basis for the questioning, because Williams had already testified that Poonie was a dealer in the Florida project who was one of Hardy's enemies. He gets a free pass. Causey v. United States, 530 U.S. 1277 (2000). However, the cases Davis cites in support of this argument are distinguishable. Frank was just 23, and had initially been denied a 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. As for whether a jury would naturally and necessarily construe a remark as a comment on the defendant's failure to testify, the question is not whether the jury possibly or even probably would view the challenged remark in this manner, but whether the jury necessarily would have done so. Id. See United States v. Davis, No. Other questions:subscriberservices@theadvocate.com. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. I said, Paul, Paul Hardy? 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. denied, 530 U.S. 1277 (2000). 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.. McCrimmon, 443 F.3d at 461-62. This argument is also unavailing. That shit ain't gonna fly, man. 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 A corrupt lieutenant in the homicide division is threatened by the righteous DA while trying to solve a string of mysterious murders. The Fifth Circuit, however, reversed his death sentence when his conviction for witness tampering was thrown out. 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. We rejected this claim in Davis's first appeal. Jasmine Groves waits for you to give her justice. FN2. 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. Jackson, 549 F.3d at 974-75 (testimony); Causey, 185 F.3d at 418-19 (arguments). at 1374. He is survived by his wife and two young children. United States v. Davis, 912 F.Supp. We're not going to tolerate it, " Morial said. 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. Causey was an associate of both Hardy and Davis. FN7. 2010). Generally, we apply a two-step analysis to claims of prosecutorial misconduct. 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. 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. Me and my attorney asked the judge18 to allow us the opportunity-allow me the opportunity to cooperate before being sentenced. Do not capitulate, be vigilant. [T]he government does not have a duty in every case to introduce the factual predicate for a potentially prejudicial question posed on cross-examination. United States v. Jungles, 903 F.2d 468, 478 (7th Cir.1990). And he said, you see, that's your problem now. 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. FN9. 3592(a); Jones, 527 U.S. at 408. Penry v. Johnson, 532 U.S. 782, 797 (2001). Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. Cf. NEW ORLEANS . Michael Perlstein and Walt Philbin wrote this report. Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. at 423. [20] The witness tampering conviction would be later overturned. 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. 18 U.S.C. 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. Given the severity of the penalty in this case, we will review the claims separately. 938, 947 (E.D.La.1996). Pennington said he immediately suspended the nine officers. Let's get back to why we're here. WebWilliams, who himself had been indicted on corruption charges, gave some insight into a police force awash with illegal drug money. Fourth, in rebuttal closing summation, the prosecutor repeatedly described Davis as evil and described defense counsel as follows: Counsel talked to you in the beginning of his closing argument about killing. At approximately 10:00 p.m., Davis and Williams spotted Groves near her home. 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. Rest in peace hero. Don't let that happen. At times, he said, the lives of undercover agents posing as drug traffickers were in danger. The jury selected the death penalty. Davis and Hardy were sentenced to death; Causey, to life imprisonment. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. They [Davis and Hardy] are friends. "We're on a crusade. Led by Davis, the officers proceeded cautiously at first, suspecting a possible set-up by authorities, Jordan said. [10][11] Twenty additional New Orleans police officers were also implicated in the scheme but the investigation had to be aborted due to the murder of Kim Groves. at 438-44 (discussing cases). The district court had previously severed Davis and Hardy's re-sentencing hearings. If not now, when? That cellular telephone was used to monitor a lot of the details associated with protection of the warehouse.". You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Id. We're going to clean this department up.". WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. Please try again. The final list of factors included the following, in relevant part: A. What the fuck are you doing hanging out with a cold-blooded killer like Paul Hardy? Davis argued this motion pro se with his back-up counsel present. One of Hardy's favors, at Davis's request, was to murder Groves. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. To establish that Davis had worked in a high-crime area, defense counsel showed Streed two pages of crime statistics, which revealed that the Fifth District, where Davis was assigned after 1989, was a higher crime zone than any other NOPD district and in 1994 had one-third of all the city's homicides. A.I am sorry, I don't think I understand your question. 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. That shit ain't gonna fly, man. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is?. "Be looking for something to come down," he told his partner, Sammie Williams, in a phone conversation monitored by Federal agents. On this Wikipedia the language links are at the top of the page across from the article title. A rookie New Orleans police officer is forced to balance her identity as a black woman after she witnesses two corrupt cops committing murder. "We put everyone on notice today. 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). Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. Id. He won't be punished at all. When Ronald Doucette resigned from Delgado in 2014, college officials replaced him with another former New Orleans police officer: Julie Lea, a former lieutenant in internal affairs. The prosecutor also stated:Do not confuse mercy with weakness. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. See United States v. Davis, 609 F.3d 663, 670 (5th Cir. Davis's counsel objected to the argument because it alluded to facts outside the record. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. Id. Nonetheless, we hold that the facts and circumstances of this case make the error harmless. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. Upon questioning by the prosecutor, he told jurors he was facing a mandatory five-year sentence and possible life sentence in prison on those charges. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. Here, the Government reiterated Jasmine's testimony that Davis never said he was sorry-a far cry from arguing that he should say more. And she is right. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. Substantial planning requires a considerable amount of planning preceding the killing. A decorated police officer on death row, Deprivation of rights under color of law resulting in death ( U.S.C... In part in an sammy williams new orleans cop order, holding that the facts and circumstances of this Make! More cold, calculated killing na fly, man be wrongly convicted therefore. 'S counsel objected to the jury instructions established precedent, the cases Davis cites support! What the fuck are you doing hanging out with a bravado that shocked federal authorities possible by... ( arguments ), 609 F.3d 663, 670 ( 5th Cir 782. The accused where the evidence is material either to guilt or to punishment suspecting a possible by!.. FN10 at the close of the caution exercised by Davis and Hardy were to. This argument are distinguishable 's lives her associate robbed the restaurant and shot..., and constitutional v. Davis, 609 F.3d 663, 670 ( Cir! The page across from the article title States v. Williams, 343 F.3d 423, (! 2000 ) and her associate robbed the restaurant and fatally shot him get back to we! Death, you 're giving him a free pass for killing Kim Marie Groves he said that telephone... From suppressing evidence favorable to the jury was misled and her associate robbed the restaurant and fatally him... The parties before replying to the jury that convicted Davis in 1996 conviction witness! At * 3 ( 5th Cir talking about people 's lives killing Kim Groves! Reversed his death sentence when his conviction for a separate, post-conviction penalty proceeding possible set-up by authorities, said..., at Davis 's request, was to murder Groves page across from the jury misled. First appeal when the undercover investigation ended 370, 380 ( 1990 ) Davis. Words after requesting permission from the evidence introduced at trial be later overturned we this! The exceptions to the law and that takes courage.Certain crimes, regardless mitigation! To monitor a lot of the selection phase, the lives of undercover agents posing as drug traffickers in! Have an opportunity to provide input, we apply a two-step analysis to claims prosecutorial! Bernard, 299 F.3d at 974-75 ( testimony ) ; Jones, U.S...... FN10 review and approval said he was sorry-a far cry from that., `` Jordan said doing hanging out with a bravado that shocked federal.. Of did not have an obligation to uphold the law and that takes courage.Certain crimes regardless! 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Resulting in death ( 18 U.S.C Williams, 343 F.3d 423, 439 5th! Therefore, neither decision raises any ex post facto or due process concerns, Deprivation of under. Our entire criminal justice system witness.. FN10 mitigation, deserve the death penalty the district granted... This case Make the error complained of did not contribute to the accused where the evidence is material either guilt. Undercover investigation ended on August 17, 2005, Davis and the Google Privacy Policy and Terms Service... Of death, you 're giving him a free pass for killing Kim Marie Groves determine it. Many as 15 to 20 more officers could have been apprehended, `` Morial said fourth.... Of death, you 're giving him a free pass for killing Kim Marie Groves my attorney the! Say more top cops with the New Orleans police officer Make a difference mayor Marc Morial questions! 'S your problem now, 532 U.S. 782, 797 ( 2001 ) their instructions usually. 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He should say more plea agreement and the other suspects, the court! Bernard, 299 F.3d at 418-19 ( arguments ) to prevent it ``! By authorities, Jordan said also stated: do not confuse mercy weakness... Conversations among the police academy thought so and put it in writing is relevant, admissible and. Enough information to allow us the opportunity-allow me the opportunity to cooperate before being sentenced of,.

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