Opening statements in the trial of three former Memphis police officers charged in the death of Tyre Nichols

MEMPHIS, Tennessee – Opening arguments were expected Wednesday in the federal trial of three former Memphis police officers charged with federal beatings in connection with the January 2023 killing of Tyre Nichols.

Prosecutors and defense attorneys are expected to address the jury for the first time about Nichols' death, which was captured on police body cameras and heightened calls for police reform in the U.S. The trial is expected to last three to four weeks.

Prosecutors and defense attorneys agreed on the 12 jurors and four alternates on Tuesday. 200 candidates answered questionnaires before the selection. The potential jurors answered questions from U.S. District Judge Mark Norris about whether they could be fair and impartial in light of the massive media coverage before the trial and whether it would be a problem for them if they were selected to see a video of the beating.

Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to charges that they deprived 29-year-old Nichols of his rights by using excessive force and failing to intervene and obstructed justice by witness tampering. 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 beaten with a police baton following a traffic stop. A police video released this month shows the five officers, who are also black, beating Nichols as he screamed for his mother about a block from his home. The video also shows the officers loitering and talking among themselves while Nichols sat on the ground, struggling with his injuries.

Officials said Nichols was stopped for reckless driving, but the Memphis police chief said there was no evidence to support that claim.

An autopsy report showed that Nichols died from blows to the head and that the cause of death was homicide. The report described brain injuries as well as cuts and bruises on the head and elsewhere.

Nichols worked for FedEx and enjoyed skateboarding and photography.

The three officers now on trial, along with Martin and Mills, were fired for violating Memphis Police Department policy. They were members of a crime-fighting unit called the Scorpion Unit, which was disbanded after Nichols' death.

Shortly after their release, 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 are also expected to plead guilty to the state charges. A trial date in state court has not yet been set.

On Monday, the judge read a list of possible witnesses that included Martin and Mills, as well as two other former police officers. Preston Hemphill fired his stun gun at the scene of the traffic stop, but did not follow Nichols to where other officers were beating him. Hemphill was fired. Dewayne Smith was the senior lieutenant who arrived at the scene after the fight. He retired rather than be fired.

Tennessee Governor Bill Lee told reporters Tuesday that Nichols' death “should never have happened” but that “steps have been taken to improve the situation in the city of Memphis and the Memphis Police Department.”

“This family will be forever changed by this loss,” the Republican said when asked directly about the trial. “And we talk a lot about restitution. And we have to hope that the restitution that comes with justice will be done in this case.”

Earlier this year, Lee and Republican lawmakers clashed with Nichols' mother and stepfather when the state rolled back Memphis police reforms that had been implemented after their son's death. One of the repealed city ordinances had banned so-called sham traffic stops, such as for a broken tail light and other minor violations.