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29 August 2025

Judge Orders Retrial For Memphis Officers In Nichols Case

Concerns over judicial bias prompt new proceedings for three ex-police officers convicted in Tyre Nichols’ fatal beating, reviving scrutiny of Memphis policing and courtroom fairness.

On August 28, 2025, a federal judge in Memphis, Tennessee, ordered a new trial for three former Memphis police officers convicted in the high-profile case surrounding the fatal beating of Tyre Nichols. The decision, delivered by U.S. District Judge Sheryl H. Lipman, has reignited public attention on a case that has already shaken the city and the nation, exposing deep concerns about police conduct, judicial impartiality, and the ongoing quest for justice after Nichols’ tragic death.

The three officers—Tadarrius Bean, Demetrius Haley, and Justin Smith—were found guilty in October 2024 of obstruction of justice through witness tampering, a charge stemming from their efforts to conceal the true nature of the brutal assault that killed Nichols. According to AP News and NPR, the officers’ conviction followed the release of disturbing video footage showing them violently beating Nichols during a traffic stop on January 7, 2023. Nichols, a 29-year-old Black man, was pepper-sprayed, tased, punched, kicked, and struck with a baton by the officers, all of whom are also Black. He died three days later, on January 10, 2023, succumbing to injuries sustained just steps from his home.

The ruling for a new trial did not come lightly. It followed a dramatic turn in the legal proceedings when it was revealed that the original trial judge, Mark S. Norris, had recused himself in June 2025. The recusal came after defense attorneys for Bean, Haley, and Smith argued that Norris held a personal bias, believing at least one of the officers was involved in a gang. This belief, they maintained, compromised the judge’s impartiality and violated the officers’ rights to due process.

The controversy over Norris’s impartiality intensified after a violent incident involving his law clerk. Just days after the officers’ October 2024 federal trial concluded, Norris’s law clerk was shot during a car theft incident. Police believed juveniles were responsible for the shooting, but Norris reportedly expressed frustration with the investigation. According to a notice filed by the U.S. Attorney’s Office and reported by AP News, Norris indicated in meetings with federal prosecutors and an FBI agent that he believed at least one of the former officers was in a gang and that this gang might have been responsible for the shooting. The notice also stated that Norris told those present the clerk "had been seen by one or more of the Defendants during the trial" and that the Memphis Police Department was "infiltrated to the top with gang members."

Defense attorneys seized on these statements. Smith’s lawyer insisted 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 lawyer 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." These assertions, defense teams argued, rendered any verdict reached under Norris’s oversight constitutionally suspect.

Federal prosecutors, for their part, pushed back against the claims of bias. In newly unsealed filings, they argued 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." Still, Judge Lipman concluded otherwise. While she found that Norris’s decisions throughout the trial were "sound, fair, and grounded firmly in the law," she wrote in her order, "the risk of bias here is too high to be constitutionally tolerable." As a result, she granted the extraordinary remedy of a new trial for Bean, Haley, and Smith.

The three officers had already been acquitted in May 2025 of all state charges, including second-degree murder, in connection to Nichols’ death. Their federal convictions centered on the cover-up: prosecutors said the men failed to report their use of force accurately and omitted critical details about the beating in their official statements. Bean and Smith were acquitted of more serious civil rights charges, while Haley was found guilty of violating Nichols’ civil rights by causing bodily injury, showing deliberate indifference to medical needs, and conspiracy to tamper with witnesses.

The legal saga has seen two other officers—Emmitt Martin and Desmond Mills Jr.—plead guilty in federal court last year to charges of violating Nichols’ civil rights by causing death and conspiracy to witness tamper. Martin and Mills avoided federal trial alongside their former colleagues and also sidestepped a state court trial by reaching plea agreements. All five officers had been part of the now-disbanded Scorpion Unit, a crime suppression team formed to target illegal drugs, guns, and violent offenders. The unit was disbanded within weeks of Nichols’ death amid mounting public outrage and scrutiny over its aggressive tactics, which, according to AP News, sometimes included the use of force against unarmed individuals.

The events of January 7, 2023, remain seared into the public’s memory. Officers yanked Nichols from his car during a traffic stop, pepper-sprayed and tased him, and, after he attempted to flee, caught up and subjected him to a brutal beating. Video footage from a police pole camera captured not only the violence but also the officers milling about, talking, and laughing as Nichols struggled with his injuries. The footage, widely circulated, sparked nationwide protests and reignited calls for police reform across the United States.

As the legal process continues, the question of justice for Tyre Nichols and accountability for those involved remains unsettled. Judge Lipman has not yet set a date for the retrial, but she has ordered attorneys to submit their positions on which charges should be retried by September 15, 2025. Haley remains in federal custody, while Bean and Smith are on limited release pending further proceedings. Memphis police have declined to comment on the developments, and Bean’s lawyer has similarly declined to make a statement. Haley’s attorney did not respond to requests for comment, according to NPR.

The case has also cast a spotlight on the broader Memphis law enforcement community and its leadership. Judge Norris, a former Republican state senator nominated to the federal bench by President Donald Trump in 2018, has declined to comment on the matter, citing the code of judicial conduct. The fallout from his recusal and the subsequent order for a new trial underscores just how delicate the balance between judicial impartiality and public trust can be—especially in cases that touch a national nerve.

For many, the retrial represents another chapter in a painful and protracted search for truth and accountability in the wake of Tyre Nichols’ death. With the retrial date still to be determined and legal arguments set to resume in the coming months, the city of Memphis—and the country—waits, hoping for a resolution that will bring both clarity and justice.