Federal trial for officers charged with Tyre Nichols’ murder | News

MEMPHIS, Tenn. – The federal trial for three former Memphis Police officers charged with the murder of Tyre Nichols started Monday, September 9. 

FOX13 Investigates reporter Kayla Solomon is in the courtroom taking notes. Continue to check this story for live updates on the trial.

RELATED: Everything we know about the federal trial for former officers charged in Tyre Nichols’ murder

2:25 p.m., September 12 – Use-of-force forms allowed in trial

Judge Mark Norris will allow the prosecution to present response to resistance forms in the federal trial of three former Memphis Police officers who face federal charges related to the death of Tyre Nichols. 

Defense attorneys attempted to get these forms thrown out and threatened to request a mistrial if the forms were allowed. 

Judge Norris ruled that the forms are not protected under the defendants Garrity rights and said that the defense’s motion to not allow the forms was “untimely.” The judge also said that the defense knew that the items were part of evidence presented by the prosecution during discovery. 

The jury was called to hear the reminder of testimony from witness Larnce Wright (see below for notes from Wright’s Thursday testimony). The prosecution reviewed the response to resistance forms with Wright and Wright outlined discrepancies in the reports. 

11:06 a.m., September 12 – Garrity hearing

The judge, prosecutors, defendants, and their attorneys held a Garrity hearing Friday morning. A Garrity hearing is about Garrity rights, which protect a public employee from being compelled to incriminate themselves during investigatory interviews conducted by their employers. Jurors were not present for this hearing. At question is whether response to resistance (RTR) forms from the night of Nichols’s beating can be used as evidence in the trial.

Sgt. Christopher Paige, with the Memphis Police Department Inspectional Services Bureau (ISB), was the first witness for the prosecution. Paige testified the RTR forms are reviewed by ISB, which does internal investigations. Officers can be disciplined for not filling one out after an incident involving excessive force. 

The defense claimed the RTR forms are protected under the former officers’ Garrity rights. Demetrius Haley’s attorney Michael Stengel specifically asked the court grant a mistrial on counts three and four of the federal indictments. Counts three and four of the indictment are Conspiracy to Witness-Tamper and Obstruction of Justice: Witness-Tampering. 

Haley testified in the Garrity hearing saying Lt. Dewayne Smith instructed him to fill out the RTR form. Haley said his understanding was that the forms were only for his lieutenant and ISB. Haley told the judge he was previously disciplined for not filing out RTR forms and departmental charges were filed by ISB in November 2021 for not filling out forms. Those charges were sustained. 

Prosecutor Forrest Christian cross examined Haley and asked if the former officer was ever charged by ISB previously. Haley said he had been. The prosecutor asked Haley if he texted other officers that night asking what they put in the RTR forms and also what was on their body cameras. Haley replied, “I don’t recall.” Christian then asked Haley if he spoke to his co-defendants Tadarrius Bean, Desmond Mills and fellow MPD officer Kyle Lampley on the night of the beating. According to the prosecutor, Lampley told Haley to put “active resistance” on his RTR form. The prosecutor claims Haley said he already planned to do that. The prosecutor then asked Haley if everything on the RTR form was correct. Haley replied, “Yes. Everything that is there.” 

The court took a recess after the hearing. Judge Mark Norris will decide if the RTR forms fall under Garrity and if they will be used as evidence in the federal trial. Norris will also decide if the court will grant a mistrial on counts three and four of the federal indictment. 

10:05 a.m., September 12 – Defense files motion to suppress key evidence

Overnight, prosecutors filed a heated response to a defense attorney’s motion to suppress key evidence in the federal trial. Defense attorneys want to suppress the use-of-force forms filed by the officers who beat Tyre Nichols. 

In response, the United States Attorney’s Office said, “The United States opposes the defendants’ untimely, mid-trial motion to suppress the false use-of-force reports they wrote about their fatal assault of Tyre Nichols.” 

Those documents could be key to the government’s case against former Memphis Police officers Tadarrius Bean, Demetrius Haley and Justin Smith. The former officers are on federal trial for obstruction of justice and conspiracy to cover up the beating that led to Nichols’ death in January 2023. 

The use-of-force forms they signed underplay what happened that night. If the jury doesn’t see that information, it would be a blow to the prosecution. Prosecutors argued that it could have implications for law enforcement agencies across the country. 

As of 10 a.m., Friday morning, the judge had not made a ruling on the motion. Testimony in the trial resumed around 9 a.m. 

3:13 p.m., September 12 – Court ends early due to severe weather

The jury adjourned at 2:30 p.m. for severe weather. Everyone else dismissed minutes later, also for weather. Testimony from Wright and cross examination by the defense will continue Friday morning. 

1:12 p.m., September 12 – Wright testimony continues

MPD 2nd Lieutenant Larnce Wright told the government prosecutor, after watching some of the video, that “Officers had a duty to intervene.” 

Wright identified Martin as the officer who kicked Tyre Nichols in the face and identified Haley and Martin as the officers who kicked Nichols while Bean was holding him and Smith watched. According to Wright, a kick to the head and kicking or punching someone who is restrained is against department policy because that person is “no longer a threat.” 

Federal prosecutor Kathryn Gilbert asked Wright, “When closed hand techniques are used, what can happen to the arrestee?” Wright replied, “Serious bodily harm or death.” 

According to Wright, recruits are trained to render aid “within their scope” after causing bodily harm and are also trained to give EMTs full details of what was done to an arrestee so that that the medical professionals can properly render aid. 

In response to body camera footage from Memphis Police Officer Preston Hemphill, Wright said that recruits were trained to not block an offender’s vehicle, a tactic used on Nichols during the initial traffic stop. 

12:37 p.m., September 12 – Testimony continues

The first witness to take the stand on Thursday was Larnce Wright. Wright is a 2nd Lieutenant with the Memphis Police Department and has been with the department for 13 years, in the training academy for seven. 

Body camera footage and SkyCop videos were shown in court. Tyre Nichols’ mother, RowVaughn Wells, left the room every time the video was played. 

Wright spoke on the content of the videos, telling jurors that all officers were trained to use the “force continuum” when it comes to arrests, meaning that officers were trained to apply the same amount of force they are met with. Wright told jurors that none of what he saw on the videos complied with department policies. He said recruits are told that violation of policies could lead to termination and federal charges. 

Wright’s testimony will continue after the court breaks for lunch. 

5:18 p.m., September 11 – Last witness of the day

The last witness to take the stand Wednesday was FBI agent Andrew Galoti. Galoti was the agent who analyzed and pieced together SkyCop and body cam videos that showed the beating of Tyre Nichols. 

Galoti talked about how time codes between the two did not match up. So, he had to go through and match them up. 

The jury dismissed for the day at 4:35 p.m.

The federal trial will resume on Thursday at 9:15 a.m. 

3:28 p.m., September 11 – Last opening statements made, first witness

Martin Zummach, the attorney for former Memphis Police officer Justin Smith, indicated that his client will be taking the stand in his own defense. Zimmerman also said, “This night was full of choices.” 

The first witness to take the stand in the federal trial was Rachel Love, a nurse practitioner who cared for Tyre Nichols on the night of the beating. Love told jurors that Nichols had a “golf ball” sized knot on his head, a broken front tooth and a cut to his knuckles, among other injuries. Nichols was in critical condition when he arrived at the hospital, Love said. According to the nurse practitioner, Nichols was “swollen everywhere” and “unrecognizable.” 

1:03 p.m., September 11 – Opening statements continue 

Michael Stengel, the attorney for Demetrius Haley, addressed the jury for the first time. Stengel told jurors that Haley used methods he had been trained to use to remove Tyre Nichols from his car during the initial traffic stop. The attorney said that Haley was still at the scene of the initial traffic stop, using water to clean pepper spray out of his eyes, while the majority of the beating occurred at the hands of Justin Smith, Emmitt Martin and Tadarrius Bean. 

Stengel told jurors that Haley did take a picture of the scene and sent it to other people. “It was wrong, against policy, should not have been done, but not a federal crime,” Stengel said. 

According to Stengel, Haley was wearing fabric boots on the night of the beating. The attorney said that a DNA test from the Tennessee Bureau of Investigation shows that he hit a clothed part of Nichols, not bare skin. 

11:42 a.m., September 11 – Opening statements

Attorneys made opening statements Wednesday morning. 

Federal prosecutor Elizabeth Rogers, representing the United States government, went first. Rogers stated that Nichols was “beaten to death” and that the former Memphis Police officers on trial “stood by his dying body and laughed.” According to Rogers, Justin Smith was the leader of the SCORPION Unit, the specialized police unit the officers involved belonged to. Tadarrius Bean and Demetrius Haley were newer to the team, and Desmond Mills and Emmitt Martin were established members of the unit, according to the prosecutor. Mills and Martin took plea deals in the federal trial. 

“Martin will testify that he told Haley to stop the car Tyre was in after it sped up to beat a red light,” Rogers said, giving a hint at what the jury will hear from Martin, who is cooperating with the prosecution as part of his plea deal. 

Rogers told the jury that “these days in the courtroom will not be easy days.” 

The federal prosecutor also said that both Martin and Mills will testify that the officers were punishing Nichols for running away from the initial scene of the traffic stop and making them get pepper spray in their eyes. Rogers said that the jury will see video of Haley kicking another suspect the night before Nichols was beaten, will hear conversations that happened after the beating, and will hear testimony from doctors and nurses who did not know the extent of Nichols beating because the officers did not report it to EMTs. 

John Keith Perry, the attorney for Bean, followed Rogers opening statement. Perry said that the members of the SCORPION Unit decided to go to Hickory Hill on January 7 due to a spike in property crimes in the area. The attorney said that Bean and Mills were partners for routine patrol and heard a call for help on the police radio regarding a man who ran away after being tased and pepper sprayed by officers. “They don’t know what happened at the initial traffic stop,” Perry said. “613 days later, we finally get the opportunity to tell you the full story.” 

Perry told the jury that they will see SkyCop video that shows Nichols’ behavior on January 7. “Don’t judge Tyre. Judge Tyre’s actions for 10 minutes,” Perry said. 

The family of Tyre Nichols was present in the courtroom for opening statements, as was the family of Justin Smith, including his wife.

7:54 a.m., September 11 – Crump releases statement

After a jury was selected in the federal trial, civil rights attorney Ben Crump released the following statement:

“Tyre Nichols’ family have been praying for justice and accountability from the very beginning of this tragedy. Now that the jury has been selected, they pray that the jury will get all of the evidence and render justice for Tyre.”

Crump is representing Nichols’ family, which filed a $550-million civil lawsuit against the City of Memphis. That jury trial is set to start March 24, 2025.

5:17 p.m., September 10 – Jury selected

The jury for the trial has been selected. The jury was finalized just before the end of the second day of court proceedings. The 12 jurors and four alternate jurors are made up of eight women and eight men. Four Black women, four white women, four white men, two Black men and two Asian men make up the jury.

The 12 jurors will decide if three former Memphis Police officers, Tadarrius Bean, Demetrius Haley and Justin Smith, are innocent or guilty of federal charges related to the death of Tyre Nichols. Two other former Memphis Police officers, Emmitt Martin III and Desmond Mills Jr., have accepted plea deals in the case. 

Opening statements in the case are expected to happen Wednesday morning. 

12:55 p.m., September 10 – More jurors excused

Eight additional potential jurors have been dismissed, bringing the total to 11. That means that those people will not be serving on the jury that decides the fate of the three former officers facing federal charges related to the death of Tyre Nichols. The court took a lunch break and is expected to resume proceedings at 1:30 p.m. 

11:20 a.m., September 10 – Jury selection continues

Tyre Nichols’ family arrived to the courthouse around 10:30 a.m. as jury selection continued. Three jurors have been dismissed so far. The court took a 15-minute recess as jury selection was scheduled to continue after that.

5 a.m., September 10 – Recap

Day 2 of the federal trial against three former Memphis Police officers charged in Tyre Nichols’ death starts later this morning. Jury selection got to a slow start Monday and the process is expected to take awhile to complete.

At least eight potential jurors are expected to return Tuesday after seven other potential jurors were dismissed. One jury candidate told the court that his son went to school with one of the defendants.

Others cited vacation plans and work responsibilities as obstacles to serving only the jury, as the trial is expected to last four weeks. More than 100 jurors are expected to be interviewed by the court for a jury seat.

1:45 p.m., September 9 – Court breaks for lunch

According to the judge, the goal each day is to finish court by 5:30 p.m. 

12:00 – September 9 – Jurors brought into court

The first group of 50 jurors was brought into the court around noon, and were being questioned. The judge also heard motions during a closed hearing until noon. Reporters and cameras were not allowed inside the closed hearings. The jury is not expected to be fully seated by the end of Monday. 

9:45 a.m., September 9 – Tyre Nichols family arrives

The family of Tyre Nichols arrived at the Federal Building for day one of the trial. 

9:35 a.m., September 9 – Jury selection beings

Monday will begin jury selection. There’s no timetable for when the jury will be picked. As many as 200 potential jurors will be questioned. Eventually, 12 people will be selected to serve on the jury. The jury will be at least partially sequestered. 

7:30 a.m., September 9  – Former officers arrive at court

Former Memphis Police officers Tadarrius Bean, Demetrius Haley and Justin Smith arrived at the Federal Building in Memphis along with their attorneys. Emmitt Martin III and Desmond Mills Jr., the other two former Memphis Police officers involved in the case, accepted plea deals. A 15-year sentence was recommended for Mills and a 40-year sentence was recommended by prosecutors for Martin. The three officers pleading not guilty are charged federally with depriving Tyre Nichols of his civil rights and conspiracy to cover up their crimes. On the state level, they are also charged with crimes which include second-degree murder and aggravated kidnapping. That state trial will take place after the federal trial has concluded.