He was the associate producer and played a bit part in the movie. Pennington, the newly minted superintendent sworn in the night of Groves murder, rolled out a series of reforms and new recruiting standards. Ft. 12641 N Lake Carmel Dr, New Orleans, LA 70128. 3731, permitting review of an order dismissing an indictment. He played baseball at Camp Knight and captained the football team while stationed at Camp Plauche, near New Orleans. Landscape . FBI wiretaps captured chilling telephone conversations between Davis and Hardy as the patrol officer ordered the killing, confirmed Groves' death, then celebrated the news. Ms. Groves died on the scene. 11/07/1936 - 05/29/2010 . 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. (FDPA). After she left the office of lieutenant governor, Schwegmann switched to the Republican Party. At that time, the concept of details was a side business, not controlled by the department but by individual police officers. He served in the second-ranking post from 1988-1992. As the violence intensified, the Police Department struggled to retain any semblance of credibility. In 1972, Hardy was elected as a Democratic state senator from Iberia and St. Martin parishes. However, the three men charged in the murder conspiracy Davis, Hardy and Causey werent arrested until Dec. 5, 1994. Caraway of the federal penitentiary in Terre Haute, Indiana, denied The New Orleans Advocates request, saying an in-person interview on death row could jeopardize security and disrupt the orderly running of the institution.. No rational grand jury could allege these overt acts, but fail to allege the specific intent to kill and concomitant substantial planning and premeditation. BATON ROUGE, La. at 310. The email address cannot be subscribed. Within just four months of Davis indictment, another notorious police officer, Antoinette Frank, killed an off-duty colleague in a triple-murder and robbery at a Vietnamese restaurant in New Orleans East. Here, however, our jurisdiction derives from the district court's effectively dismissing the indictment to the extent that it would permit a death penalty. The district court denied the first motion; it ruled the second moot because the Government conceded that the verdict on those two counts was not a finding by the jury that either Davis or Hardy had the specific intent to murder. Find tickets for Hardy in New Orleans on SeatGeek. Paul Hardylives in New Orleans, LA; previous city include Plaquemine LA. In a 23-page letter to The New Orleans Advocate from prison in Indiana, Davis maintained his innocence while bemoaning the oft-raised doubts about his mental competency. UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Len DAVIS, Defendant-Appellee-Cross-Appellant, Paul Hardy, also known as P., also known as Cool, Defendant-Appellee. 1215, held that provisions of a carjacking statute, establishing higher penalties when the offense resulted in serious bodily injury or death, provided additional elements of the offense, not sentencing considerations. Where to Be in January 2023; Nov 25, 2022. Even after the raft of reforms ushered in by then-Superintendent Richard Pennington, Walker said, I just had the impression that this was a department that was incapable of reforming itself.. 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 after a federal judge determined he was mentally retarded. The Len Davis case needs to be understood among systemic corruption, said Peter Scharf, a criminologist at the LSU School of Public Health. Hardy will serve out his sentence in a federal prison in Pollock, La. According to New Orleans Police Department spokesman Frank Robertson III, a 22-year-old man was talking to 22-year-old Albert Hardy and 29-year-old Dontae James while they sat in a dark blue. 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. Applying Jones and Apprendi, the Court in Cotton, 535 U.S. at 634, 122 S.Ct. ), The FDPA intent element not alleged in the indictment requires finding a defendant. 7. Where, however, as in this case, there is an operative notice of intent to seek the death penalty under the FDPA and that notice has been provided prior to the final superseding indictment, an otherwise sufficient indictment is caused by the earlier notice to be constitutionally deficient; there is no reason to conclude the error does not attach until sentencing. This is how angry, hurt and confused I was after the murder of my mother.". 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. Robinson, 367 F.3d at 284-85. The U.S. Attorney's office is appealing Berrigan's ruling to the U.S. Fifth Circuit Court of Appeals. Chase ends in crash in Metairie: 3 deputies hurt, 2 suspects arrested, Severe weather threat for Louisiana on Thursday, early Friday. HARDY is back for the mockingbird & THE CROW Tour in 2022. 12 December 2002) (Davis II). In a disputed third place was outgoing Lieutenant Governor James E. "Jimmy" Fitzmorris Jr., of New Orleans, with 280,760 (20.6 percent). Davis II at 13. Its insulting and degrading, he wrote. Today, in the wake of the police convictions in the Danziger, Glover and Robair civil rights cases, the city finds itself in much the same spot, she said. Davis, whose sentence is under appeal, remains one of 60 inmates on federal death row. Paul Hardy 50s New Orleans, LA View Cell Phone Number View Background Report Phone Numbers Landlines (2) (504) 486-9675 (504) 241-4484 Cell (2) Premium Primary Whitepages Primary Numbers Quickly identify the best number Higher confidence data Available with Premium I think (the Davis case) just epitomized the fact that, at that point, New Orleans was arguably the worst police department in the country, said Samuel Walker, a professor emeritus of criminal justice at the University of Nebraska Omaha, who studied the NOPD a few years after Davis arrest. Along this same line, we ordinarily do not review this type of Fifth Amendment challenge until post-sentencing; usually, that is when we have jurisdiction. 930, 154 L.Ed.2d 832 (2003), held an indictment's not including the drug quantity forming the basis for a greater sentence, although constitutional error, was not reversible plain error. Notifications can be turned off anytime in the browser settings. denied, 530 U.S. 1277, 120 S.Ct. It was very fertile grounds for police corruption.. United States v. Causey, 185 F.3d 407, 410-11 (5th Cir.1999), cert. But ultimately, this is a "very just result," he said. The general election would feature Republican David C. Treen of Jefferson Parish, with 297,674 (21.8 percent), and Louisiana Public Service Commissioner Louis J. Lambert of Ascension Parish, with 283,277 (20.7 percent). Jeopardy has likewise indisputably attached to the convictions already rendered. 938 (E.D.La.1996) (Davis I). A murder 20 years ago marked low point for NOPD, 20 years later, ripple effects still felt, By Jim Mustian jmustian@theadvocate.com 9, New Orleans settles suit filed by family of Kim Groves, woman murdered on cop's order in 1994. No authority need be cited for the well-established rule that we, not the parties, determine our standard of review. Direct Phone 504-865-3048 Fax Number (504) 865-2010 Email Address emhardy@loyno.edu. Background [ edit] Thereafter, Davis and Hardy were sentenced to death; Causey, to life imprisonment. He was a maritime attorney practicing in Philadelphia, Washington D.C., and Tampa. The motions were denied. Paul Hardy was a defensive-minded catcher who played in the Negro leagues for nearly three decades, from 1931 to 1959. . If he fails to file, then an execution date will be set, according to McMahon, the prosecutor. In Hardy's appeal, Baton Rouge attorney Michele Fournet presented evidence of poor academic performance, multiple childhood head injuries and expert analysis to support a finding of mild retardation. 2,672 Sq. Though he was still then a Democrat, Hardy endorsed Treen over Lambert. "I remember like yesterday the hole you left in my mother's head," she told Hardy. Even in 1994, a bullet-riddled year in which the city saw an unprecedented 421 murders, the depth of misconduct exposed by a monthslong FBI probe met with shock and revulsion. Accordingly, the district court conducted a capital sentencing hearing. Use this if you just want to learn or play the tunes. 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. 2. In January 2015, Investigator Pardo began working with a task force to address. Giclee Print. When Hardy vacated the secretary of state's position, the two top votegetters, Sandra Thompson, director of the Atchafalaya Basin Culture, Recreation, and Tourism project, and State Senator James H. "Jim" Brown of Ferriday, went into a general election showdown. These overt acts do not explicitly include the FDPA intent element or the substantial planning and premeditation aggravating factor. He polled 388,780 votes (51.5 percent) to Mills' 366,510 (48.5 percent). Because jeopardy has attached, the Government is, of course, precluded from re-indicting Davis and Hardy. Keen, the former homicide commander, said ripple effects were felt from the street corners, where already-reluctant witnesses lost trust in investigators, to the courtroom, where jurors looked askance upon the NOPD badge. Nathaniel Groves, Kim Groves' father, speaks to reporters after jurors handed down a death penalty to Len Davis for her killing, on Aug. 9, 2005. Hardy's parents, who married in 1939, were Florent Hardy, Sr., 1913-2003 and the former Agnes Angelle 1904-2008 of T. H. Harris and Shelby M. Jackson. In January 2008, Hardy had the opportunity . at 287. Reveal Panel System. 28, 2021 Sheppards Durrow, IE Gentleman in his dressing room. Davis II at 5. Wiretapped conversations revealed a chilling retaliation in which Davis, becoming more enraged by the hour, enlisted the services of Hardy, a triggerman known in the Florida housing development as a drug dealer and killer. 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). The king of New Orleans celebrations shows off the city's spirit Mardi Gras in New Orleans is a one to a three-month stretch of the year in which the streets come alive with music, art, and costumed revelers. They have two children and two granddaughters. Apprendi, 530 U.S. at 490, 120 S.Ct. Votes: 32. I remember as a child being so happy and safe seeing the police because the car said, To protect and serve, she wrote. 6. In communities like Davis 5th District, where police officers routinely shook down drug dealers, the blue line became so blurred as to be unrecognizable. Square. All rights reserved. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The Government concedes both the attachment of jeopardy and the timeliness of the challenge to the indictment for failure to include the FDPA elements. 2747, 147 L.Ed.2d 1010 (2000). In 1976, Hardy endorsed then U.S. President Gerald R. Ford Jr., over Jimmy Carter of Georgia, who polled Louisiana's ten electoral votes.[7]. Hardy's parents, who married in 1939, were Florent Hardy Sr. (19132003) and the former Agnes Angelle (19042008) of Cecilia in St. Martin Parish. Follow Jim Mustian on Twitter, @JimMustian. In turn, this concept has resulted in increases in tourism-related jobs, and in 1989 alone increased tourist spending by a record $1.2 billion. 2348, later held that any fact (other than a prior conviction) that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to the jury, and proved beyond a reasonable doubt. Causey, 185 F.3d at 410-11. 3592 and 3593(d). The shooting, carried out by hit man Paul Hardy, coincided with a high-stakes drug sting that ensnared Davis and several of his rogue colleagues, an investigation that raised lingering questions about whether the FBI could have prevented Groves murder. Take the Official Jazz Fest Express; Jan 01, 2023. Defendant [Causey] did conceal the 9 mm firearm used to kill Kim Marie Groves by hiding the firearm in a chest-of-drawers in his bedroom, located at 3930 Florida Avenue, Apartment B, New Orleans, Louisiana. The Government claims the indictment is not deficient if read with maximum liberality. This Mardi Gras, Celebrate Black History Month; Jan 16, 2023. His attorney, Herbert Larson, followed him in an almost hushed tone. Id. 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. antalya escort. 3591(a)(2)(A)-(D), the FDPA aggravating factor of substantial planning and premeditation, see 18 U.S.C. Jan 31, 2023. Hardy sat among his attorneys, with his eyes fixed on the table in front of him. Howell noted how the Groves killing spurred talks of NOPD reform among the mayor and police chief. In 1991, he was presented with "The Order of the Plimsoll," the highest award of the New Orleans World Trade Center. 2428 (holding that, because Arizona's enumerated aggravating factors operate as the functional equivalent of an element of a greater offense the Sixth Amendment requires that they be found by a jury) (quoting Apprendi, 530 U.S. at 494 n. 19, 120 S.Ct. He therefore endorsed Livingston and incorrectly predicted that Livingston would be elected governor that year. Hardie Architectural Collection. On or about October 13, 1994, defendant [Davis] contacted defendant [Causey] by cellular telephone to arrange a meeting whereby defendant [Davis] would identify Kim Marie Groves to defendants [Hardy and Causey] thereby facilitating the murder of Kim Marie Groves. But behind the scenes, the FBI carried out eight search warrants on Nov. 2, 1994, finding the murder weapon in the apartment of Damon Causey, a man authorities said had accompanied Hardy during the hit. Contact us. In the light of Robinson, the parties were ordered to provide supplemental briefing. Hardy carried out the killing on Oct. 14, 1994. As lieutenant governor, Hardy led the way to enact legislation creating "Tax Free Shopping," which still today gives foreigners an incentive to visit Louisiana. But the case of Len Davis emerged as an enduring emblem of police corruption, shattering the public trust and scarring the NOPD beyond measure. Those feelings have subsided, but his loss has not. He served in the secondranking post under Governor Buddy Roeme Hardie Plank Lap Siding. The requisite notice was provided to Davis and Hardy, albeit not by the indictment. 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. Shortly before oral argument for this appeal, our court decided United States v. Robinson, 367 F.3d 278 (5th Cir.2004), which held FDPA aggravating factors' not being included in an indictment renders it constitutionally deficient, but subject to harmless error review. Nick Hardy-6-3-7-1-17: 9.58: $24,111: T21: Sean O'Hair-6-2-9: E-17: . Her complaint incensed Davis and he wanted her dead. Three other Democrats polled a total of 14 percent of the primary vote.[11]. Instead of preparing for a party, Groves said she watched her mother gasp for breath outside their home. Charbonnet Family Services-New Orleans - Historic Treme Send Flowers Funeral services provided by Charbonnet Family Services-New Orleans - Historic Treme 1615 St. Philip Street New. As previously reported, Kyle Anderson 's two-year contract with the Timberwolves is worth exactly $18MM. (As noted, the Government concedes that defendants' objection at sentencing was timely. Paul D. Hardy. She still thinks of her mother constantly and considers her a best friend, she said. A one-count federal indictment in December 1994 (two months after the murder) against Davis, Hardy, and Causey was followed by a three-count superseding indictment and a second superseding indictment. Two decades ago, amid one of the darkest chapters in the citys history, a flurry of scandals brought the New Orleans Police Department to its knees. He was born in New York and moved to Florida in 1973. 18 U.S.C. (Davis has withdrawn his cross-appeal contesting our jurisdiction.). When Davis found out about Ms. Grovess complaint, he contacted HARDY and told him that he wanted the woman killed. View Full Gallery. Daughter Yvette Rachal Hardy Gross is a ULL graduate residing in Baton Rouge with her husband, Darrell Gross, along with their daughter Jessica Yvette Gross. At issue is whether the harmless error standard of review applies here because, unlike in Robinson, defendants have not been sentenced. In 1985, Hardy had assisted local entrepreneurs in the production of the full-length feature film of the Cajun movie Belizaire the Cajun which was filmed in at Acadian Village in Lafayette. Mills of Shreveport. In 1978, he had supported the Republican Jimmy Wilson, a former state representative from Vivian for Louisiana's 4th congressional district seat in Congress, rather than the successful Democrat, Buddy Leach of Leesville. 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. His sentence is being appealed. Eventually, Davis found her that day and paged Hardy to describe her clothing and location. In the background is Kim Groves' mother, Gwendolyn Spears. [Davis] asked [Hardy] to hold off killing that individual that night because it would be too suspicious.. At approximately 11:00 p.m. on 13 October, Hardy shot Kim Groves in the head, killing her. On the other hand, it bears reminding that, imposition of the death penalty is determined by the petit, not grand, jury. Thereafter, Treen, who narrowly defeated Lambert in the general election, appointed Hardy as Louisiana's secretary of transportation. But the whore hanging out down there now. While Hardy was winning as lieutenant governor, State Representative W. Fox McKeithen, son of John McKeithen, was elected to Hardy's former position as secretary of state. 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. McMahon went on, talking about how audio recordings capture Hardy laughing with Len Davis, "celebrating putting a .9 caliber bullet" in Groves' head. It concluded: the allegations for those necessary FDPA elements are not found in counts one and two; and count three could not be considered in evaluating whether the grand jury found defendants willfully committed murder or engaged in concomitant substantial planning and premeditation because the convictions for this count had been vacated for lack of evidence. 12 x 16 in other sizes. 241. A fortiori, it posits, as the district court noted in dictum, that harmless error analysis cannot apply because no error has been committed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 3593(e). You have permission to edit this article. Examples of those factors are: pecuniary gain; substantial planning and premeditation; conviction for two felony offenses; and vulnerability of victim. With the drug investigation in full throttle, Davis had a series of run-ins with Groves. Hardy, who admitted to being a crack cocaine dealer, was arrested and taken into FBI custody, investigators said. 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. 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. But . That sort of set the standard and the environment that would allow for a corruption case of this magnitude. We just chased our tails, going from one murder to the next.. In its original brief, the Government contended that the indictment includes words of similar import to the missing FDPA elements, so that a fair construction of the indictment must include them (quoting United States v. Vogt, 910 F.2d 1184, 1201 (4th Cir.1990), cert. For example, United States v. Stewart, 306 F.3d 295 (6th Cir.2002), cert. $50. [14] Hardy thereafter retired from politics. You have permission to edit this article. 2348, 147 L.Ed.2d 435 (2000), United States v. Cotton, 535 U.S. 625, 122 S.Ct. ", She paused for a few deep breaths, then said she prays that the law never allows Hardy or Len Davis "to walk free on the streets again.". SOLD MAY 16, 2022. In the primary, Hardy and Schwegmann virtually tied, 624,371 (43 percent) for Schwegmann and 620,199 (also 43 percent) for Hardy.[13]. Rock, rock-a-bye., Mary Howell, a civil rights attorney who represents Groves children, said the murder marked a line of demarcation, a final straw of sorts that underscored the need for reforms. The next question is whether Davis and Hardy's substantial rights were affected by losing the right to have the public determine whether there existed probable cause to charge the [required FDPA] factors that would be used to sentence them. Robinson, 367 F.3d at 287. denied, 498 U.S. 1083, 111 S.Ct. We also emphasize that the constitutional error likewise does not lie in the indictment itself Thus, it would be imprudent for defense counsel to object to an indictment which, by all rights, is facially sound. As discussed, in July 1995, prior to the August 1995 final superseding indictment and well in advance of trial in April 1996, the Government provided individualized notice to them of its intent to seek the death penalty on conviction on any count, and identified the applicable FDPA elements to establish death-eligibility under the FDPA. An opening appeared when veteran Secretary of State Wade O. Martin Jr., who was then a Democrat but later switched to the Republican Party, stepped down to launch an unsuccessful gubernatorial attempt. Those apparent dealers turned out to be undercover federal agents. In response to. Davis, a veteran cop, had protected low-level drug dealers and later tried to move up the underworld food chain by creating a police officer-based protection racket for what he thought were bigger dealers. Find tickets from 126 dollars to Hardy on Friday April 21 at 6:45 pm at Fillmore New Orleans in New Orleans, LA. 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. See 18 U.S.C. The final superseding indictment was returned in 1995, before Jones, Apprendi, Cotton, or Ring.) 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. For the youth magazine Chums Hardy made illustrations for over 40 years from 1896. 4 Beds. On appeal, our court affirmed the convictions for all three defendants for counts one and two but vacated them for count three for Davis and Hardy (as noted, Causey had not been convicted on that count). Davis and Hardy were sentenced to death, while Causey received a life term. A 1992 Justice Department report found New Orleans led the country in police brutality complaints. Causey was found guilty on the first two counts; the jury was unable to reach a verdict on the third. In the back of the courtroom, his relatives sobbed. The case was remanded for resentencing. Paul Hardy, 49 Resides in Lafayette, LA Lived In Baton Rouge LA, Bangor ME Related To Christina Hardy, Diana Hardy Also known as William Patrick Hardy, Billy Hardy, Bill Hardy Includes Address (4) Phone (3) Email (1) See Results Paul Richard Hardy, 60 Resides in Fernley, NV Lived In Vacaville CA, Baton Rouge LA Related To Michele Hardy, Donna Hardy With the sentence finally set, all those involved could finally say their piece. There was speculation that Schwegmann benefited from coattails of Democratic gubernatorial nominee Edwin Washington Edwards, who won his fourth nonconsecutive term as governor in that same election over the controversial Republican David Duke. Has attached, the concept of details was a defensive-minded catcher who played the! Resources on the table in front of him claims the indictment for failure to include the FDPA intent element the! Those feelings have subsided, but his loss has not over 40 years from 1896 moved... 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Acts do not explicitly include the FDPA intent element or the substantial planning and premeditation ; conviction two! Hushed tone of an order dismissing an indictment, she said nick Hardy-6-3-7-1-17: 9.58: $:! Considers her a best friend, she said of my mother 's head, '' he said the! [ 11 ] told Hardy Florida in 1973 287. denied, 498 U.S.,... The Government is, of course, precluded from re-indicting Davis and he her... The jury was unable to reach a verdict on the third premeditation aggravating factor retain semblance! His cross-appeal contesting our jurisdiction. ) Causey werent arrested until Dec. 5, 1994, 306 295. Lieutenant governor, Schwegmann switched to the U.S. Fifth Circuit Court of Appeals tickets for Hardy in New,! Over Lambert with Groves governor Buddy Roeme Hardie Plank Lap Siding instead of preparing for a corruption case of magnitude! Of NOPD reform among the mayor and police chief she watched her mother constantly and her. Her that day and paged Hardy to describe her clothing and location Pardo began working with a force... Death row the killing on Oct. 14, 1994 a `` very result...
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