During a hearing in federal court, U.S. District Judge Mark S. Norris denied motions filed by defense attorneys to move the trial out of the city or bring in a jury from elsewhere in Tennessee. The attorneys argued that intense news media coverage and the public release of video related to the beating would make it impossible to seat a fair and impartial jury in Memphis, where Nichols died in January 2023.
A document filed by lawyers for one of the officers, Emmitt Martin, said the trial atmosphere in Memphis has been “utterly corrupted by press coverage.” The judge disagreed, saying media coverage and the video release won’t bias a Memphis jury against the officers.
The police video shows officers yanking Nichols out of his car during a traffic stop on Jan. 7, 2023, after he is pulled over for alleged reckless driving. Nichols is pepper-sprayed and hit with a stun gun, but he manages to get away and run toward his house nearby. Officers catch up with Nichols and punch him, kick him and hit him with a police baton as he yells for his mother, the video shows.
Nichols died three days later at a hospital. The cause of death was blows to the head, according to an autopsy report, which ruled the death a homicide.
Nichols was Black. The five officers also are Black. Memphis’ police chief has said the department couldn’t substantiate any reason for officers to pull Nichols over. The case sparked outrage around the world and intensified calls for police reform in the city and the U.S.
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Martin, Tadarrius Bean, Demetrius Haley, Desmond Mills Jr. and Justin Smith were fired after Nichols’ death. They were indicted in September on federal charges that they deprived Nichols of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. They also have been charged in state court with second-degree murder. The state trial has been delayed until the federal trial is complete.
The criminal case is separate from the U.S. Department of Justice’s “patterns and practices” investigation into how Memphis officers use force and conduct arrests, and whether the department in the majority-Black city engages in racially discriminatory policing.
The Justice Department also has announced a separate review concerning use of force, de-escalation strategies and specialized units within Memphis police.
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