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    Thursday, October 03, 2024

    Judge questions potential jurors in civil rights case of 3 ex-officers charged in beating death

    RowVaughn Wells, left, and Rodney Wells, parents of Tyre Nichols, arrive at the federal courthouse before the start of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis. (AP Photo/George Walker IV)

    MEMPHIS, Tenn. (AP) — Potential jurors in the federal trial of three former Memphis police officers charged with violating Tyre Nichols ’ civil rights were asked Monday whether heavy media coverage and publicly released video of him being beaten to death could influence their ability to be fair.

    U.S. District Judge Mark Norris questioned jury candidates about what they think are the most important characteristics a juror should have and whether they would be biased in reaching a verdict.

    Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to charges that they deprived 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 have already pleaded guilty to the federal charges and could testify against them.

    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 was 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.

    About 200 potential jurors were sent questionnaires in August to assess their ability to serve on the panel. The judge asked prospective jurors — who were identified by numbers not names — if they had seen media coverage, which has been intense since video of his beating death was released.

    One woman said she heard on the news that an officer had pleaded guilty. When the judge asked if that news had made an impression on her, she said: “It crossed my mind.”

    The judge also asked jurors if viewing video footage of police use of force would affect them. One juror asked how graphic the video would be and, when told, said, “that’s not something I would want to see.”

    The trial is expected to last three to four weeks. Nichols' mother and stepfather were in court Monday.

    The three officers now facing trial, along with Emmitt Martin III and Desmond Mills Jr., 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. A trial date in state court has not been set.

    The image from video released on Jan. 27, 2023, by the City of Memphis, shows Tyre Nichols during a brutal attack by five Memphis police officers on Jan. 7, 2023, in Memphis, Tenn. (City of Memphis via AP, File)
    The screen at the Smoothie King Center in New Orleans honors Tyre Nichols before an NBA basketball game between the New Orleans Pelicans and the Washington Wizards, Jan. 28, 2023. (AP Photo/Matthew Hinton, File)
    Former Memphis police officer Demetrius Haley leaves the federal courthouse after the first day of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
    Attorney John Keith Perry, center, leaves the federal courthouse with his client, former Memphis police officer Tadarrius Bean, after the first day of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
    Former Memphis police officer Justin Smith leaves the federal courthouse after the first day of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

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