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The process of picking a jury marched on Tuesday in the federal trial of three former Memphis police officers charged with federal civil rights violations in the January 2023 beating death of Tyre Nichols.
A pool of 200 candidates answered questionnaires ahead of jury selection to assess their ability to serve on the panel. They answered questions from U.S. District Judge Mark Norris about whether they could be fair and impartial in the face of heavy media coverage before the trial and whether watching video of the beating would be a problem for them if they are chosen.
Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to charges that they deprived the 29-year-old Nichols of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. The beating was caught on police cameras, triggering protests and calls for police reform. Two others, Emmitt Martin III and Desmond Mills Jr., have already pleaded guilty to the federal charges and could testify against their former colleagues.
The trial is expected to last three to four weeks.
Nichols, who was Black, died in a hospital on Jan. 10, 2023, three days after he was kicked, punched and hit with a police baton following a traffic stop. Police video released that month showed the five officers, who also are Black, beating Nichols as he yelled for his mother about a block from his home. Video also showed the officers milling about and talking with each other as Nichols sat on the ground, struggling with his injuries.
The officers said Nichols was pulled over for reckless driving, but Memphis’ police chief has said there is no evidence to substantiate that claim.
An autopsy report showed Nichols died from blows to the head and that the manner of death was homicide. The report described brain injuries and cuts and bruises to the head and other areas.
Nichols worked for FedEx, and he enjoyed skateboarding and photography.
The three officers now facing trial, along with Martin and Mills, were fired for violating Memphis Police Department policies. They had been members of a crime suppression team called the Scorpion Unit, which was disbanded after Nichols’ death.
Shortly after their dismissal, the five were charged with second-degree murder in state court, where they pleaded not guilty. They were then indicted by a federal grand jury in September 2023.
Mills and Martin have each pleaded guilty in federal court and are expected to plead guilty to state charges as well. A trial date in state court has not been set.
On Monday, the judge read a list of potential witnesses that includes Martin and Mills, in addition to two other former officers. Preston Hemphill fired his stun gun at the traffic stop scene but didn’t follow Nichols to where other officers pummeled him. Hemphill was fired. Dewayne Smith was the supervising lieutenant who arrived on scene after the beating. He retired instead of being fired.
