A federal judge has granted a new trial for three former Memphis police officers convicted in the fatal beating of Tyre Nichols, after their defense attorneys argued that the judge who oversaw the original trial held a biased view that at least one officer was affiliated with a gang.
U.S. District Judge Sheryl H. Lipman issued the order Thursday for Tadarrius Bean, Demetrius Haley, and Justin Smith. The three were convicted in October 2024 of obstruction of justice through witness tampering.
The decision marks another setback for prosecutors in a case that captured national attention when videos revealed officers violently kicking and punching Nichols during a traffic stop. The trio had previously been acquitted of state murder charges in May. Federal prosecutors also failed to secure convictions on the most serious counts against Bean and Smith last year.
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Two other officers involved, Emmitt Martin and Desmond Mills Jr., had pleaded guilty prior to the federal trial.
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Lipman assumed responsibility for the case in June after U.S. District Judge Mark S. Norris, who presided over the original trial, recused himself days before the scheduled sentencing for all five officers.
In a statement, Norris said, “Because of the code of judicial conduct, I cannot make a statement on this matter.”
Lipman’s order referenced a notice from the U.S. Attorney’s Office indicating that Norris had expressed a belief that at least one of the officers was involved in gang activity. The notice also mentioned a shooting incident involving Norris’ law clerk just days after the trial concluded. The clerk had been staying at the home of another clerk who had previously worked on the Nichols case.
According to the notice, police investigators believed juveniles committed the shooting. Norris reportedly wanted those responsible held accountable and “evidenced reasonable frustration with the police investigation.” He met with the U.S. Attorney’s Office and an FBI agent, who explained why federal charges would not be pursued.
The notice further stated that Norris “indicated that he believed at least one of the former officers was in a gang and that it was responsible for the shooting.” It added that Norris told attendees the clerk “had been seen by one or more of the Defendants during the trial.” An assistant U.S. attorney recalled Norris saying he could not meet with police because the department was “infiltrated to the top with gang members.”
Bean, Haley, and Smith subsequently filed motions for a new trial, alleging that Norris’ bias violated their due process rights.
Smith’s lawyer noted, “There was no suggestion or one hint in the federal discovery process or the federal trial that any defendant or any member of the Memphis Police Department was in any way affiliated with an illegal street gang either through membership or relationship.”
Haley’s attorney added, “Judge Norris made the gang statements on at least two occasions, demonstrating that it is a firmly held belief, not an off-hand remark.”
Federal prosecutors had argued before Lipman that there was no evidence Norris “harbored any bias before or during trial, let alone the type of extreme bias that would warrant the extraordinary remedy of a new trial.”
While Lipman found that Norris’ trial decisions were “sound, fair, and grounded firmly in the law,” she ruled that a new trial was necessary because “the risk of bias here is too high to be constitutionally tolerable.”
A date for the retrial, according to AP’s report, has not been set. Lipman instructed attorneys to submit positions on which charges should be retried.
Smith’s attorney, Martin Zummach, said Lipman “did the right thing.” Bean’s lawyer declined to comment, and Haley’s attorney did not respond immediately. Memphis police also declined comment.
Bean, Haley, and Smith were found guilty of attempting to cover up Nichols’ beating by falsifying reports about the force used. Bean and Smith were acquitted of more serious civil rights charges, while Haley was convicted of violating Nichols’ civil rights by causing bodily injury, showing deliberate indifference to medical needs, and conspiracy to tamper with witnesses.
All three were acquitted of state charges, including second-degree murder. Haley remains in federal custody; Bean and Smith are on limited release.
Martin and Mills pleaded guilty last year to violating Nichols’ civil rights by causing death and conspiring to tamper with witnesses, avoiding a federal trial alongside their colleagues and state court proceedings.
The officers had served on a controversial crime suppression unit called the Scorpion Unit, which was disbanded weeks after Nichols’ death. The unit targeted drugs, guns, and violent offenders, and was criticized for using force against unarmed individuals.
On Jan. 7, 2023, Nichols, 29, was pulled from his car, pepper-sprayed, and tased. When he fled, the five officers, who are all Black, caught him, punching, kicking, and striking him with a baton. Nichols called for his mother during the beating, which occurred steps from his home. He died three days later.
Police bodycam and pole-camera footage showing the officers laughing and conversing as Nichols struggled fueled nationwide protests and renewed calls for police reform.
Norris, a former Republican state senator, was confirmed as a U.S. district judge in West Tennessee in October 2018 after a nomination from President Donald Trump.
