A federal judge in Tennessee has ordered a new trial for three former Memphis police officers who were convicted on charges related to the fatal beating of Tyre Nichols in 2023.
Judge Sheryl Lipman cited concerns of bias after the judge presiding over the original federal trial allegedly suggested one of the defendants was a gang member.
Nichols, 29, was pepper sprayed, kicked and punched during a traffic stop for alleged reckless driving in 2023. He died three days later.
Tadarrius Bean, Demetrius Haley and Justin Smith, Jr were all convicted of witness tampering, but were acquitted of the most serious charge – that they had violated Mr. Nichols’s civil rights by causing his death.
The fatal beating of Nichols sparked outrage across the United States, and led to nationwide protests over police brutality.
Judge Sheryl Lipman took over the federal case in June after District Judge Mark S Norris, who had presided over the case and trial, recused himself from the case.
Judge Norris is alleged to have said that the Memphis Police Department was “infiltrated to the top with gang members”, according to court documents and the judicial order cited by US media.
He reportedly made the comment after one of his law clerks was shot during a carjacking. The incident happened five days after Bean, Haley and Smith were convicted and were allegedly made while expressing frustration with the police investigation into the shooting.
Two other officers – Emmitt Martin III and Desmond Mills Jr – had both pleaded guilty over their involvement in Mr Nichols’ death.
None of the five men have been sentenced.
Earlier this year, Bean, Haley and Smith, Jr were acquitted of state charges after a jury found them not guilty of charges including second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression.
That case is separate from their federal convictions, which carry lengthy prison sentences.
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