MEMPHIS, Tenn. – A jury was selected Tuesday for 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. Prospective jurors 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.
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Prosecutors and defense lawyers agreed on the 12 jurors and four alternates after more than 12 hours of jury selection, which began Monday. Opening statements are expected Wednesday. The trial is expected to last three to four weeks.
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.
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.
Tennessee Gov. Bill Lee on Tuesday told reporters that Nichols' death “never should have happened," but that “steps have been made to improve on the circumstances in the city of Memphis and in the Memphis Police Department.”
“That family will always be forever changed because of that loss,” the Republican said when asked directly about the ongoing trial. “And we talk a lot about redemption. And what we have to hope is that the redemption that comes with justice will be executed here in this case.”
Earlier this year, Lee and Republican lawmakers clashed with Nichols' mother and stepfather as the state repealed Memphis police reforms implemented after their son's death. One of the voided city ordinances had outlawed so-called pretextual traffic stops, such as for a broken taillight and other minor violations.
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Associated Press reporters Jonathan Mattise and Kimberlee Kruesi contributed from Nashville, Tennessee.