Sep 26, 2024
MEMPHIS, Tenn. -- The prosecution rested its case on Thursday afternoon, after testimony from 19 witnesses over the last three weeks. The defense will now have the opportunity to present its own witnesses. Before the defense could begin, Justin Smith's attorney, Martin Zummach filed a motion for acquittal, but all the defendants called for the same. The acquittal is based on insufficient evidence to sustain a conviction, saying Smith did not hit Tyre Nichols in the face or with his baton. All force was applied by someone else. It also says Smith was blinded and disoriented by pepper spray that got on him, and no criminal intent has been established. Defense attorney Kevin Whitmore, who represents Tadarrius Bean, gave oral arguments on why the government's case is deficient, saying MPD has no written policy on active and passive resistance. They did not bring a use of force expert to testify. They did not have the correct discussion of the duty to intervene and Emmitt Martin was the aggressor. There was no willful conspiracy. Prosecutors countered that the defendants' lies gave evidence of a cover-up, and Nichols was not a threat. Judge Mark Norris said he would take this under advisement. Text messages between the Former Memphis Police officers accused of beating Tyre Nichols to death in January 2023 were presented as evidence in the federal trial charging the officers with civil rights violations. ‘They didn’t need to hit him anymore,’ ex-Scorpion Unit supervisor testifies in Tyre Nichols federal trial Anthony Householder, the FBI agent who investigated the beating took the stand on Thursday morning. He shared statements that two of the former officers charged in the case - Justin Smith and Tadarrius Bean - gave during unrecorded interviews with the FBI. Bean was interviewed by Householder on Jan. 20, 2023 and again a few days later. Householder testified that Bean told him Martin's kick to Nichols was outside the scope of use of force. He said the punches thrown on the scene “were not trained punches.” Bean admitted to omitting information during his first interview, Householder said, but said he “was new to the team and didn't want to be labeled a snitch.” Bean accepted responsibility, Householder testified. He said Bean knew it was bad when he saw the quarter-sized lump on Nichols’ head and when he fell over when the fire department got there. Householder addressed text messages the FBI collected from Demetrius Haley's cell phone from the day of the Nichols arrest. Haley: "Did you look at your body camera yet?" Bean: "Yeah. You look at yours. My camera fell off after one minute, so it's flat on the ground." Haley: "Okay bet, and I wasn't over there when you got dude." He also read out text messages from the next day, between Haley and another officer who was not involved in the Nichols incident. Officer: "Who beat dude up last night?" Haley: "Us." Justin Smith was interviewed by the FBI on February 23, 2023. According to Householder, Smith admitted during his interview that he witnessed Martin punch Nichols multiple times, and said Nichols was not a threat at the time of the punches. Smith also allegedly told Lieutenant DeWayne Smith, Scorpion Unit team 1 supervisor, that he had called Martin to check on him after he was hit by a car in November 2022. Smith said Martin told him he was "seeing red," which he interpreted as Martin wanting to "kill someone." Householder told the jury that in Smith's statements, he mentioned why he did not tell the EMTs on the scene about the force used on Nichols. Householder said, “He (Smith) thought that Mr. Nichols would provide that information." Smith also did not tell Lieutenant Smith when he arrived on the scene because he “wanted to stand with the team." According to Householder, Smith accepted accountability in his interview and said he was wrong to hold Nichols up. He believed it was his fault that Nichols had died, Householder said. “Mr. Smith took ownership and said he failed and Mr. Nichols shouldn’t have died that night,” said Householder. He also mentioned that Smith claimed he could not watch all of the body camera footage because "he knew it wasn't right." Bean's lawyer, John Keith Perry, argued that the statements made in these interviews could be inaccurate and misinterpreted because the interviews were not recorded, and only the officer's responses were written down. 📡 See more breaking news, local news and weather from WREG.com for Memphis and the Mid-South. 📧 Sign up for WREG newsletters and have the latest top stories sent right to your inbox. Justin Smith's attorney, Martin Zummach, said that Smith cried during his interview with the FBI. "He was certainly remorseful," said Householder. The prosecution called their final witness on Thursday afternoon. Taylor Chesser, the ER Nurse who took care of Nichols the night he was transported to St. Francis, took the stand. She testified that two officers were at the hospital when Nichols arrived, but when she asked if they knew what happened to Nichols, she said they informed her that they were not on the scene. She told the jury she did not know who the officers were. “They denied being there. They denied being on the scene," said Chesser. Desmond Mills, one of the officers who pleaded guilty to civil rights charges testified earlier this week that he and Bean went to the hospital with Nichols. ‘I’m sorry’: Ex-MPD officer Desmond Mills cries on stand in Tyre Nichols testimony The prosecution rested its case around 2 p.m. on Thursday. Zummach filed a motion for acquittal which will be discussed with Judge Mark Norris. The defense then presented its first witness, forensics expert Samantha Spencer. She said blood was found on both Haley's and Martin's boots. Tadarrius Bean, Demetrius Haley, and Justin Smith are facing charges of federal civil rights violations, conspiracy, and obstruction in connection to Tyre Nichols’ death in 2023.
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