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Jury selection continues in the trial of 3 ex-Memphis officers charged in Tyre Nichols' death

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. Associated Press File Photo

MEMPHIS, Tenn. — The process of picking a jury marched on Tuesday in the federal trial of three former Memphis police officers charged with federal civil rights violations in the January 2023 beating death of Tyre Nichols.

A pool of 200 candidates answered questionnaires ahead of jury selection to assess their ability to serve on the panel. They answered questions from U.S. District Judge Mark Norris about whether they could be fair and impartial in the face of heavy media coverage before the trial and whether watching video of the beating would be a problem for them if they are chosen.

Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to charges that they deprived the 29-year-old 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, Emmitt Martin III and Desmond Mills Jr., have already pleaded guilty to the federal charges and could testify against their former colleagues.

The trial is expected to last three to four weeks.

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 is 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.

The three officers now facing trial, along with Martin and Mills, 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 and are expected to plead guilty to state charges as well. A trial date in state court has not been set.

On Monday, the judge read a list of potential witnesses that includes Martin and Mills, in addition to two other former officers. Preston Hemphill fired his stun gun at the traffic stop scene but didn’t follow Nichols to where other officers pummeled him. Hemphill was fired. Dewayne Smith was the supervising lieutenant who arrived on scene after the beating. He retired instead of being fired.

Former Memphis police officer Tadarrius Bean arrives at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (Associated Press)
Former Memphis police officer Demetrius Haley arrives at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (Associated Press)
Former Memphis police officer Justin Smith, left, and attorney Martin Zummach, right, arrive at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
FILE — This combo of images provided by the Memphis, Tenn., Police Department shows, top row from left, officers Tadarrius Bean, Demetrius Haley, Emmitt Martin III, and bottom row from left, Desmond Mills Jr. and Justin Smith. (Associated Press)
FILE — 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. (Associated Press)
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. (Associated Press)
Former Memphis police officer Demetrius Haley arrives at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (Associated Press)
Former Memphis police officer Tadarrius Bean, right, arrives at the federal courthouse with attorney John Keith Perry, right, for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (Associated Press)
Former Memphis police officer Justin Smith arrives at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (Associated Press)

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