A federal judge has ordered a new trial for three former Memphis police officers convicted of obstructing justice in the fatal beating of Tyre Nichols, citing potential judicial bias after the original trial judge suggested ties between at least one defendant and a gang.
USA: Judge orders retrial for ex-officers in Tyre Nichols case over bias concerns
FILE - A crowd gathers to remember Tyre Nicholas during a candlelight vigil on the anniversary of his death Sunday, Jan. 7, 2024, in Memphis, Tenn.
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Karen Pulfer Focht/Copyright 2024 The AP. All rights reserved
U.S. District Judge Sheryl H. Lipman ruled on Thursday that Tadarrius Bean, Demetrius Haley, and Justin Smith must be retried on federal charges of witness tampering and obstruction of justice.
The decision came after defense attorneys argued that the previous judge, U.S. District Judge Mark S. Norris, exhibited bias by alleging gang affiliations among the defendants—claims unsupported by trial evidence.
Case marred by controversy and recusal
Judge Norris recused himself in June, just days before sentencing, after his law clerk was shot during a car theft.
According to a notice from the U.S. Attorney’s Office, Norris implied the shooting was connected to the defendants, stating his clerk had been “seen by one or more of the Defendants during the trial.”
He also reportedly claimed the police department was “infiltrated to the top with gang members.”
Legal and procedural setbacks
The ruling marks another setback in a case that sparked national outrage after video showed officers brutally beating Nichols during a January 2023 traffic stop.
The five officers involved were fired and charged, but state murder charges against Bean, Haley, and Smith resulted in acquittals in May 2024.
Two other officers, Emmitt Martin and Desmond Mills Jr., pleaded guilty before the federal trial.
Defense challenges and judicial review
Defense attorneys argued that Norris’s comments violated their clients’ right to due process. Smith’s attorney emphasized there was “no indication” of gang ties in discovery or trial evidence.
While prosecutors maintained Norris showed no bias during trial proceedings, Judge Lipman concluded that “the risk of bias in this case is too significant to be constitutionally acceptable,” necessitating a retrial.