MEMPHIS, Tenn.—A judge ordered a new trial Thursday for three former Memphis police officers who were convicted of federal charges in the fatal beating of Tyre Nichols, after defense lawyers argued that another judge who presided over their trial was biased in his belief that at least one of the men was in a gang.
U.S. District Judge Sheryl H. Lipman issued the order for a new trial for Tadarrius Bean, Demetrius Haley, and Justin Smith, who were found guilty in October 2024 of obstruction of justice through witness tampering.
The officers who have been granted a new trial in the federal case were acquitted of state murder charges in May. And last year federal prosecutors were unable to secure convictions on the most severe counts against Bean and Smith.
Two other officers charged, Emmitt Martin and Desmond Mills Jr., pleaded guilty before the federal trial.
Lipman took over the case in June after U.S. District Judge Mark S. Norris, who presided over the case and the trial, recused himself days before the sentencing of the five officers.
In a statement shared by his judicial office Thursday, Norris said, “Because of the code of judicial conduct, I cannot make a statement on this matter.”
New Trial Based on Judge’s Comments
In her order, Lipman cited a notice filed by the U.S. Attorney’s Office saying Norris expressed a theory that at least one of the officers was in a gang.
The notice discussed an incident in which Norris’ law clerk was shot during a car theft days after the trial ended. The clerk was staying at the home of another law clerk who had previously worked for Norris on the Nichols case, it said.
The notice also said police investigators believed some juveniles committed the shooting; that Norris wanted those responsible held accountable; and that he “evidenced reasonable frustration with the police investigation.”
Norris met with the U.S. Attorney’s Office and an FBI agent, who explained why no federal charges would be brought in the clerk’s shooting.
Norris indicated that he believed at least one of the former officers was in a gang and that it was responsible for the shooting, the notice said. It also said the U.S. Attorney stated that Norris told those present that the clerk “had been seen by one or more of the Defendants during the trial.”
An assistant U.S. attorney who attended the May 30 meeting also said she remembered that Norris told her he could not meet with police to give a statement because the department was “infiltrated to the top with gang members,” the notice said.
