A judge on Thursday conducted a new test for three former Memphis police officers, who were convicted of federal allegations in a deadly beating of tire Nicols, arguing that another judge presiding over his trial was that at least one male was in a gang.
US District Judge Sheryl H. Lipman issued an order for a new test for Tadarian Bean, Demetrius Haley and Justin Smith, which were Found guilty in October 2024 Witnesses obstruct justice through molestation.
The ruling case marks the latest shock for prosecutors in a case that shocked the country when the video was issued to the authorities violently kicking and punching Nicols during the traffic stop. Officers who have been given a new test in the federal case were acquitted of state murder allegations in May. And last year, the federal prosecutors were unable to secure the sentence in the most serious cases against Bean and Smith.
Two other officials alleged, Emit Martin and Desmond Mills Junior convicted before the federal test.
US District Judge Mark S. After Noris, Lipman handled the case in June, who presided over the case and the trial, resumed himself before the sentence of five officers.
In a statement shared by his judicial office on Thursday, Noris said, “Because of the Judicial Code of Conduct, I cannot make a statement on the matter.”
In his order, Lipman, citing a notice filed by the US Attorney office, said that Noris expressed a principle that at least one officer was in a gang.
An incident was discussed in the notice in which the law clerk of Noris was shot dead during the theft of a car after the end of the trial. The clerk was staying at the house of another law clerk, who previously worked for Noris on the Nicolas case.
Notice also said that police investigators believe that some teenagers shot; This Noris wanted to make those responsible people accountable; And he is “proof of proper disappointment with police investigation.”
Noris met with the US Attorney Office and an FBI agent, who explained why no federal charge would be brought in the shooting of the clerk.
Noris indicated that he believed that at least one former officer was in a gang and was responsible for the shooting, the notice said. It was also said that the US Attorney said that Noris told those people that the clerk “was seen by one or more defendants during the test.”
An assistant American Attorney, who attended the May 30 meeting, also said that he remembers that Noris told him that he could not find a statement with the police as the department was “infiltrating the top with the gang members,” the notice said.
Bean, Haley, and Smith filed the movements demanding a new test, arguing that Noris was biased and violated their rights for the appropriate process, presiding over the case.
Smith’s counsel said that there was no “suggestion or a signal or federal test in the federal discovery process that any defendant or any member of the Memphis Police Department was affiliated with an illegal road gang with either membership or relationship with an illegal road gang.”
Haley’s lawyer wrote that “Judge Noris made the statements of the gang on at least two occasions, showing that it was a strong confidence organized, not an off-hand comment.”
Lipman also ignored several filing made before and after resuming himself. In one of them, the federal prosecutors argued that there was no evidence that he “harassed any bias before or during the test, leaving the extreme prejudice alone that would warrant the extraordinary measures of a new test.”
Lipman found that when a review showed Noris’ decisions throughout the test, “sound, fair and firmly grounded in law,” a new test is required “because the risk of bias here is too much to be constitutionally tolerant.”
A date has not been determined for retriel. Lipman ordered the lawyers to present the post on the allegations that they believe that they should be tried.
Smith’s lawyer, Martin Zumch said, Lipman “did the right thing.” Bean’s lawyer refused to comment, and Haley’s lawyer did not immediately respond to a request. The Memphis police also refused to comment.
Bean, Haley and Smith were found guilty of trying to cover the beating to fail to say that they or their colleagues punched Nicols and broke the rules of the police department and when they used what kind of force they used, they did not include complete and accurate statements.
Bean and Smith were acquitted of allegations of more serious civil rights.
Haley was found guilty of violating Nicole’s civil rights and deliberately showing indifference to physical needs and conspiring to tamper with witnesses.
Bean, Haley and Smith were All state charges acquitted in MayWith the second degree murder. Haley is in federal custody, but Bean and Smith are on limited release.
Martin and Mills convicted the federal court last year, causing a conspiracy to tamper the cause of death and conspiracy to violate Nicols’ civil rights. He did not prosecute the federal court with his former colleagues.
Martin and Mills also avoided the state court trial after reaching agreements to be guilty.
The officer was part of a crime repression team, which was called the Scorpion Unit which was dissolved weeks after Nichols died.
On January 7, 2023, the authorities instigated the Nicole from their car and then the black pepper-spray and hit the 29-year-old black man with a tasar. Nichols ran away, and when five officers, who were also black, were caught with them, they punched, kicked and hit him with a police baton. Nichols called out for his mother during beating, who used to step from his house.
He died three days later.
The video of a police pole camera captured by the camera was also shown to meet, speaking and laughing as Nicols struggled with their injuries.
It made a fresh call for police intense investigation, nationwide protests and police reforms in the memphis.
Noris is a former Republican state senator, who was confirmed as the US District Judge in West Tennessi in October 2018 after being nominated by President Trump.
