The FDPA lists 16 aggravating factors, for which notice must be provided, that may form the basis for a federal death sentence for a homicide conviction. [Davis] asked [Hardy] to hold off killing that individual that night because it would be too suspicious.. Hardy was defeated for reelection as lieutenant governor in 1991 by the Democrat Melinda Schwegmann of New Orleans, daughter-in-law of Jefferson Parish state legislator, gubernatorial candidate in 1971, and grocery mogul John G. Schwegmann Jr., (19111995). See 18 U.S.C. Id. [2], For the Negro Leagues baseball catcher, see, Louisiana Secretary of State, Primary election returns, October 24, 1987, Louisiana Secretary of State, General election returns, November 21, 1987, Louisiana Secretary of State, Primary election returns, October 19, 1991, Louisiana Secretary of State, General election returns, November 16, 1991, Last edited on 22 November 2022, at 03:48, Louisiana State Senator from Iberia and St. Martin parishes, Loyola University New Orleans College of Law, "Membership of the Louisiana House of Representatives, 1812-2012", "Louisiana Wildlife Federation Conservation Award Winners", https://en.wikipedia.org/w/index.php?title=Paul_Hardy&oldid=1123146483, This page was last edited on 22 November 2022, at 03:48. He therefore endorsed Livingston and incorrectly predicted that Livingston would be elected governor that year. Chappy Hardy was born on November 16, 1946 in New Orleans, Louisiana, USA. Advocate staff photo by MATTHEW HINTON--Jasmine Groves is the daughter of Kim Marie Groves, who was fatally shot Oct. 13, 1994, in an execution ordered by former New Orleans police officer Len Davis. denied, 498 U.S. 1083, 111 S.Ct. In communities like Davis 5th District, where police officers routinely shook down drug dealers, the blue line became so blurred as to be unrecognizable. Jay Dardenne, like Hardy a former state senator and secretary of state, became the second Republican to hold the position of lieutenant governor, the winner of a special election in 2010 to succeed Mitch Landrieu, who was elected mayor of New Orleans. Applying Jones and Apprendi, the Court in Cotton, 535 U.S. at 634, 122 S.Ct. The case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Michael E. McMahon. Stay up-to-date with how the law affects your life. 11/07/1936 - 05/29/2010 . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Senator Mary Landrieu. Davis didnt stand trial until April 1996, a sensational proceeding in which he refused to testify but based his defense on the claim that Groves boyfriend was the actual killer. At issue is whether the harmless error standard of review applies here because, unlike in Robinson, defendants have not been sentenced. FBI wiretaps captured chilling telephone conversations between Davis and Hardy as the patrol officer ordered the killing, confirmed Groves' death, then celebrated the news. Other questions:subscriberservices@theadvocate.com. Paul Prudhomme, who died in 2015, oversaw the charming Chartres Street restaurant for decades, sparking a national interest in Cajun cooking with his popular takes on gumbo, etouffe, and. The email address cannot be subscribed. The Government notified Davis of its intent to seek that penalty based on evidence of intent, as required by the FDPA, see 18 U.S.C. at 285. Benford v. United States, 537 U.S. 1138, 123 S.Ct. 18 U.S.C. Jasmine Groves, one of the victim's three children, faced away from Hardy as she read her comments. Consequently, they claim permitting the Government to seek the death penalty, knowing the indictment to be constitutionally deficient, would be tantamount to sanctioning the commission of error, but holding prospectively that it will be harmless. She received her medical degree from Louisiana State University School of. See id. The attachment of Indictment Clause error at this point, rather than later at sentencing, is reflected in the Fifth Amendment. View Full Gallery. The district court effectively removed a discrete basis of criminal liability.). izmir escort. Earning a city salary of $18,000, Davis took on a lucrative leadership role atop the drug racket, overseeing under-the-table payments to other NOPD officers recruited to guard warehouses of cocaine. Square. Fitzmorris filed suit in the 19th Judicial District Court in Baton Rouge, but Judge Douglas Gonzales, a Republican, ruled that Fitzmorris failed to provide evidence that enough fraudulent votes were cast for Lambert to impact the outcome of the second-place candidacy. On or about October 13, 1994, at 10:01 p.m., defendant [Davis], during a cellular telephone conversation, ordered defendant [Hardy] to get that whore, thereby ordering the murder of Kim Marie Groves. Davis and Hardy were sentenced to death, while Causey received a life term. By the time of Davis arrest, in December 1994, The Times-Picayune reported that more than 40 police officers had been arrested in the preceding three years for crimes ranging from bank robbery and rape to bribery and auto theft. Background [ edit] BATON ROUGE, La. In the primary, Mills had led with 49 percent of the vote. 4. The Government concedes both the attachment of jeopardy and the timeliness of the challenge to the indictment for failure to include the FDPA elements. 2. In the background is Kim Groves' mother, Gwendolyn Spears. Take the Official Jazz Fest Express; Jan 01, 2023. First, the prosecutor's speech cut through the quiet courtroom. Product Specs. As the violence intensified, the Police Department struggled to retain any semblance of credibility. Shop Now His sentence is being appealed. takipi sat. This is answered by deciding whether, on the basis of the evidence that would have been available to the grand jury, any rational grand jury presented with a proper indictment would have charged that [Davis and Hardy] committed the offense in question. Id. U.S. Attorney Kenneth A. Davis agreed to be interviewed for this article in person, but Warden J.F. Throughout the day and into the evening, Davis, Hardy, and Causey searched for Kim Groves. New Orleans 70 Sponsored By. After she left the office of lieutenant governor, Schwegmann switched to the Republican Party. Davis, whose sentence is under appeal, remains one of 60 inmates on federal death row. Hardie Soffit Panels. However, the three men charged in the murder conspiracy Davis, Hardy and Causey werent arrested until Dec. 5, 1994. Adrian Paul Hardy (born August 16, 1970) is a former American football defensive back who played three seasons in the National Football League (NFL) with the San Francisco 49ers and Cincinnati Bengals.He was drafted by the 49ers in the second round of the 1993 NFL Draft.Hardy played college football at Northwestern State University and attended Redeemer-Seton High School in New Orleans Louisiana. This version of October 2011 by Paul Hardy includes many tidies and 'corrections' for consistency and modern playability. But the whore hanging out down there now. 938 (E.D.La.1996) (Davis I). Both men were convicted and sentenced to death. NEW ORLEANS -- Paul 'Cool' Hardy, the reputed drug dealer who executed a woman at the request of former New Orleans police officer Len Davis, has been removed from federal death row. He became unhinged after learning Groves had taken her concerns to the departments Internal Affairs Division, where she lodged an eight-page civil rights complaint against him that was supposed to remain confidential. FEB 27 LEBRON TO MISS 'MULTIPLE WEEKS' After helping the Los Angeles Lakers erase a 27-point deficit in a 111-108 comeback win over the Dallas Mavericks on Sunday, The Athletic is reporting that . U.S. Attorney Kenneth A. In 1979, Hardy ran for governor. Hardy sat among his attorneys, with his eyes fixed on the table in front of him. Davis and Hardy's death sentences were vacated because it was impossible to conclude that the jury recommended the death penalty on the basis of counts one and two, but not three. (In dictum, the court added it was reluctant to conclude there was sufficient notice of substantial planning and premeditation because, besides federal courts, only two jurisdictions that impose the death penalty consider this an aggravating factor warranting that penalty. Each defendant filed numerous related motions (including re-urging all previous ones). Avondale, Louisiana USA. 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. The final superseding indictment was returned in 1995, before Jones, Apprendi, Cotton, or Ring.) This is how angry, hurt and confused I was after the murder of my mother.". The case was remanded for resentencing. These overt acts do not explicitly include the FDPA intent element or the substantial planning and premeditation aggravating factor. Arthur Hardy: Mardi Gras and music - Clarion Herald - New Orleans, LA UA-52866816-2 Home Voices News Latest News Following Coronavirus Transitional Diaconate Ordination 2021 Priesthood Class of 2021 Reflections Archdiocesan General News Archdiocesan Calendar Calendar Events Catholic Parish News Catholic Schools News Image scanned from microfilm. Gallagher, the retired FBI agent, insisted the agency could not have prevented the killing, saying the evidence had to be pieced together. It can be urged, of course, that an otherwise sufficient indictment without FDPA elements is not deficient; that it is sufficient for a non-death penalty offense. NEW ORLEANS, LAPAUL HARDY, age 44, a resident of New Orleans, was sentenced by U.S. District Judge Helen Ginger Berrigan to life in prison for the 1994 murder of Kim Marie Groves. In his letter from federal death row in Indiana, he wrote that he also would speak harshly about criminals and people killed who engaged in criminal activity. But, he added, that does not justify my desensitize(d) comments made about Ms. Groves when I learned she had been killed., She indeed was loved by her family regardless of what I stated about her in 1994, Davis wrote. The 32-year-old mother claimed to have witnessed Davis and Williams, his partner, beating and pistol-whipping a 17-year-old whom the officers had mistaken for a suspect in the shooting of a police officer. Hardy switched parties and ran as a Republican in 1987 for lieutenant governor. Felonies committed by police officers became so commonplace they could have been counted as a separate category in the yearly crime data. But the case of Len Davis emerged as an enduring emblem of police corruption, shattering the public trust and scarring the NOPD beyond measure. These included novels by Jane Austen, Harrison Ainsworth and George Borrow as well as texts by Honor de Balzac, Alexandre Dumas, John Byron, Susan Coolidge, Victor Hugo and many others. About a year before Davis arrest, a drug dealer named Terry Adams complained to the FBI that police were extorting him for thousands of dollars in exchange for protection. 2,672 Sq. Hardie Shingle Panels. Which is more than one should be eating. 55: PAUL HARDY Est: 100 - 150 View sold prices Apr. In January 2015, Investigator Pardo began working with a task force to address. On or about October 14, 1994, [Davis], in a cellular telephone conversation, spoke with [Hardy] about killing the [unnamed] individual and [Hardy] replied that he wanted to kill the person that night. His brother Paul Hardy is now serving life in prison for his role as hit man for corrupt New Orleans policeman Len Davis who order the death of resident Kim Groves days following her complaint against Davis in 1994. Next Saturday, 31st December, 08:00 pm, Walker Hayes . Death of Sir Edward Pakenham at the Battle of New Orleans, 1814 Paul Hardy. During his hitch, Hardy achieved the rank of sergeant and was discharged on September 28, . He served in the second-ranking post under Governor Buddy Roemer from 1988 to 1992. 1781, held an indictment's not including any allegation regarding the quantity of drugs involved in enhancing sentences beyond the statutory maximum was error; but, where there was no timely objection at trial, this error did not affect substantial rights where the evidence of quantity was overwhelming and uncontroverted. He was the associate producer and played a bit part in the movie. In 1966, Hardy received his law degree from Loyola University College of Law in New Orleans, and at the age of twenty-three, he began practicing law in St. Martinville with the firm Willis and Hardy. "I also don't believe that you, Paul 'Cool' Hardy, are mentally retarded. Direct Phone 504-865-3048 Fax Number (504) 865-2010 Email Address emhardy@loyno.edu. He served in the secondranking post under Governor Buddy Roeme 94-381 (E.D. Paul Jude Hardy (born October 18, 1942) is a Baton Rouge attorney who was the first Republican to have been elected lieutenant governor of Louisiana since Reconstruction. It features a first-year salary of $8,780,488 and a 5% raise to $9,219,512 for 2023/24. Had the FBI not had to act after the Kim Groves murder, I think the number of police officers involved in this cocaine protection ring would have been considerably larger, said Harry Rosenberg, the former U.S. attorney in New Orleans who left the post in 1993. Id. All rights reserved. Zurich Classic of New Orleans. Accordingly, we must decide whether that error was harmless. Davis, a patrolman known as Robocop and the Desire Terrorist, had been recorded on a federal wiretap ordering the Oct. 13, 1994, execution of Kim Groves, a 9th Ward mother who a day before her death reported Davis and his partner for police brutality. Davis, 50, remains as defiant today as he was in 2005, when he acted as his own defense attorney in a bizarre penalty retrial that, like his 1996 trial, resulted in a death sentence. As noted, the district court held that Ring, in conjunction with Cotton, Apprendi, and Jones, requires an indictment to charge the FDPA elements necessary for the death penalty. He was 16 at the time, and went on to abuse drugs, serve time in prison, contemplate suicide and boil with revenge. Under his leadership thereafter as lieutenant governor, the economic impact of the movie industry increased by $51 million. Davis and Hardy agree, observing: in Robinson, our court reviewed, post-sentencing, the grand jury's not including FDPA elements in the indictment; here, Davis and Hardy's death sentences having been vacated, they are, in effect, awaiting sentencing for the first time. Those concerns, among other legal challenges, resurfaced in a 2012 motion for a new trial that is still pending in U.S. District Court, a filing that delayed Davis execution indefinitely. Paul Hardy. We were really knee-deep in murders, recalled Jimmy Keen, a former commander of the NOPDs Homicide Division. Reveal Panel System. On October 17, 1994, [Davis] told [Hardy] in a cellular telephone conversation, that there was no need to kill the other known individual unless he was persistent in complaining against [Davis]. The Len Davis case needs to be understood among systemic corruption, said Peter Scharf, a criminologist at the LSU School of Public Health. [10] Primary results gave Freeman 586,335 (40 percent), Hardy 429,906 (29 percent), and Dodd 242,519 (17 percent). Related To James Hardy, Baby Hardy, Andrea Hardy, Terry . Hardy was later resentenced to life after being deemed mentally retarded and ineligible for execution. Brendan McCarthy can be reached at bmccarthy@timespicayune.com or 504.826.3301. Paul Hardy in New Orleans, LA Paul Hardy may also have lived outside of New Orleans, such as Plaquemine and Tickfaw. No rational grand jury could allege these overt acts, but fail to allege the specific intent to kill and concomitant substantial planning and premeditation. Because jeopardy has attached, the Government is, of course, precluded from re-indicting Davis and Hardy. Jasmine Groves, who turns 32 on Tuesday the age her mother was when she was gunned down at Alabo and North Villere streets was unmoved by Davis professed contrition. They hugged, rubbed each other's backs and thanked McMahon and FBI Agent Kathleen Adams. Hardy also moved to prohibit retrial based on double jeopardy and to prohibit the Government's relying on his convictions on counts one and two as evidence of his intent to murder Kim Groves. On Wednesday, a graying Hardy appeared in court for the last step in a long legal odyssey that ultimately spared him from death by lethal injection. In addition, the Government filed a notice of non-FDPA aggravating factors for both defendants. Hardy, now 44 years old, stood shackled in a. Obviously, the focus of our Indictment Clause inquiry is not on the petit jury's verdict, but rather on the grand jury's charging decision for the indictment. In the background is Kim Groves' mother, Gwendolyn Spears. This is accomplished by examining two of the primary functions of an indictment: (1) providing the defendant notice of the crime charged, thereby allowing him to prepare a defense, and (2) interpos [ing] the public into the charging decision, such that a defendant is not subject to jeopardy for a crime alleged only by the prosecution. [12] Incumbent Secretary of State James H. "Jim" Brown, originally from Ferriday in Concordia Parish, who had succeeded Hardy in 1980, had vacated the post to make an ill-fated run for governor. It was not Davis but his standby counsel, the attorneys appointed to assist him, who filed an 11th-hour motion for a new trial in 2012 ahead of a strict deadline that would have barred future appeals. In so doing, it concluded the Indictment Clause error attached at sentencing. 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