Judge denies venue change in Tyre Nichols federal case, lawyers can file same motion later
A federal judge presiding over the Tyre Nichols criminal case has denied a motion for a venue change filed by the attorneys representing the now-former Memphis police officers charged with violating Tyre Nichols' civil rights.
Judge Mark Norris said Thursday morning that the study, presented by attorneys for former officer Emmitt Martin, asserted the officers could not have a fair jury trial with jurors selected from Shelby County was flawed since it was not truly random. Without a solid study, Norris said there was no presumption of prejudice established.
The ruling came "without prejudice," meaning that defense attorneys will be able to file another motion for a change in venue after potential jurors are questioned.
"Given where we are right now, and to keep this case on track, that's the court's ruling," Norris said.
Hearing on sealed documents to take place
A hearing about documents and motions filed under seal is also slated to take place May 6 and 7. In addition to hearing about the sealed motions, attorneys will argue an appeal to a ruling from a magistrate judge, trying the defendants separately and trying each charge in the four-count indictment separately. Arguments over the jury questionnaire that will be used will also take place.
The hearing will establish whether evidence mentioned in an October filing by defense attorneys — which alleged Tyre Nichols had hallucinogenic substances and stolen debit and credit cards in his car the night he was beaten — is admissible.
The allegation from defense attorneys said this was found in a Tennessee Bureau of Investigation catalog of Nichols' car. Prosecutors have objected to that evidence being admissible, saying it is an attempt by defense attorneys to introduce negative character evidence against Nichols.
All filings related to that have since been sealed, with the U.S. Department of Justice saying negative character evidence against Nichols would not be admissible since he is not alive to refute the allegations.
Though aspects of the hearings on May 6 and 7 are open to the public, it is likely that Norris will conduct the hearing over the TBI catalog under seal — with media and the public being removed from the courtroom.
The catalog is a point of confusion, with recently released video of the beating and events surrounding it showing former officer Preston Hemphill, who was fired but not criminally charged, telling another officer that "ain't nothing in the car," referencing Nichols' car.
Nichols' autopsy report, and toxicology records within it, show that Nichols had a blood-alcohol level of .049%, well below the Tennessee legal limit of .08%. The reports also show Nichols had a trace amount of marijuana in his system. Psilocybin, the hallucinogenic substance, was not listed in that report.
It is still unclear why Nichols was pulled over by officers. Originally, the Memphis Police Department said he was driving recklessly, but MPD interim Chief Cerelyn "C.J." Davis later said there was no evidence to support that. Federal prosecutors have said the TBI catalog is not admissible because the officers charged in the case were not aware of the items allegedly in Nichols' car prior to pulling him over and beating him.
Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at [email protected], or (901)208-3922, and followed on X, formerly known as Twitter, @LucasFinton.
This article originally appeared on Memphis Commercial Appeal: Venue change denied in Tyre Nichols federal criminal case in Memphis
