[ The Department of Justice announced Wednesday it will be
undertaking two important reviews: one related to the Memphis Police
Department (MPD) and one that will examine the use of specialized
units within law enforcement.]
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DOJ ANNOUNCES REVIEW OF MEMPHIS POLICE DEPARTMENT, ADDITIONAL POLICE
DEPARTMENTS ACROSS COUNTRY  
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Dakin Andone, Steve Almasy, Nick Valencia and Mark Morales
March 8, 2023
CNN
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_ The Department of Justice announced Wednesday it will be
undertaking two important reviews: one related to the Memphis Police
Department (MPD) and one that will examine the use of specialized
units within law enforcement. _

Memphis Police Department Scorpion Unit, photo: Memphis Police
Department - Facebook page

 

The release of more video from the January traffic stop that led to
the deadly police beating
[[link removed]] of
Tyre Nichols was delayed Wednesday, according to a court order, as the
US Department of Justice announced it would perform a review of the
Memphis Police Department after Nichols’ death.

“The court orders that the release of videos, audio, reports, and
personnel files of City of Memphis employees related to this
indictment and investigation (to include administrative hearings,
records and related files) shall be delayed until such time as the
state and the defendants have reviewed this information,” the order
reads, noting the release of this information will be subject to
further court orders and “will be ordered as soon as practicable.”

It followed a motion filed by Blake Ballin, a defense attorney for
Desmond Mills Jr., one of the former officers accused in the brutal
encounter with Nichols. Ballin indicated his motion was an effort to
ensure the release would not prejudice a future jury.

Officials were expected to release Wednesday about 20 more hours of
video
[[link removed]] from
the night of the beating in early January, along with some records
from the city’s now-finished internal probe into 13 police officers
and four fire department personnel, a Memphis official said.

The official revealed Tuesday that a seventh police officer has been
fired and others were suspended or left the force after the Nichols’
death in the western Tennessee city. Previously, authorities said six
officers
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fired, five of whom have been criminally charged
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The city intended to release the additional video footage Wednesday
afternoon, now that its internal investigations into the beating have
concluded, Memphis Chief Legal Officer Jennifer Sink told a City
Council committee Tuesday morning.

Sink and Allison Fouche, a spokesperson for the city, both confirmed
the delay to CNN on Wednesday. In a statement, Fouche said the
court’s order dictated “that no video, audio, or records related
to the City’s administrative investigation may be released until
further order by the court.”

Fouche earlier told CNN a hearing on the issue was set to take place
Wednesday afternoon.

Notably, the unreleased footage was expected to include audio of what
was said after the beating and after an ambulance took Nichols to a
hospital, and it could play an investigative role as his office
contemplates additional charges, the county prosecutor previously
told CNN
[[link removed]].

The Shelby County District Attorney’s Office indicated in a
statement Wednesday it supported the decision to release the
“remainder of the video footage in the investigation.”

“Regarding other material planned for release, our office needs to
review it carefully to ensure it doesn’t prejudice the defendant or
jeopardize our prosecution,” it added.

Ballin’s motion and the court order were “the result of the need
to balance the interests of transparency with the defendants’ right
to a fair trial,” he said in a statement.

“Police department investigations often uncover evidence that is
irrelevant, prejudicial, misleading or inadmissible,” he said.
“The order issued today will allow all parties to review the
information that the Memphis Police Department wants to release to
ensure that the public is not exposed to such evidence.”

News of the defense attorney’s legal challenge Wednesday came soon
after the Department of Justice announced it will carry out a review
of the Memphis Police Department in the wake of Nichols’ death.

The review, requested by the mayor of Memphis, and the city’s police
chief, will cover “policies, practices, training, data, and
processes related to MPD’s use-of-force, de-escalation, and
specialized units,” according to a news release from the police
department’s Office of Community Oriented Policing Services.

A public report outlining the office’s findings and recommendations
will be made public at the end of the review, the release states. The
announcement regarding Memphis came shortly before the DOJ issued
a scathing critique of the Louisville Metro Police Department
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a separate two-year review of that agency after the botched raid that
killed Breonna Taylor
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Footage released earlier contradicted police statements

Nichols, a 29-year-old Black man, was repeatedly punched and kicked by
Memphis police officers following a traffic stop and brief foot chase
January 7. He was hospitalized and died three days later.

Five police officers, who are also Black, were fired following an
internal investigation and were indicted on criminal charges January
26.

Body camera videos and surveillance footage from the arrest
were released a day later
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publicly revealing the severity of the beating, drawing widespread
condemnation from residents and police officials and, the county
prosecutor said, contradicting what officers said happened 
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the initial police report.

The video prompted renewed national debate on justice in policing and
reform, shaking a nation long accustomed to videos of police brutality
– especially against people of color – and spurred protests and
vigils
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Memphis and other major US cities.

The Memphis City Council passed several public safety ordinances
Tuesday related to policing. Among them was one that established an
“annual independent review” of the police department’s training
academy, and another that established an independent review process
for use of force incidents and the deaths or serious injury of people
in custody.

 

Tyre Nichols died after three days in a hospital. He was 29.  (Photo
provided by Ben Crump to CNN)
A 7th officer was fired, and one who retired likely would have been,
too, city attorney says

The city was also planning to release Wednesday some records related
to the internal probes of the 13 police officers and four fire
department personnel, including documents indicating what they were
being investigated for, Sink said.

Other investigative files have information that needs to be redacted,
and will be posted online when that is completed, she added.

But Sink already announced the bottom line: Seven police officers were
fired, three were suspended, one retired and two had their
investigations dropped as result of the probes, she said Tuesday –
the first time the city confirmed a seventh officer was fired.

That person’s name, and details about what the officer is accused of
doing, weren’t immediately released.

The city previously said that three Memphis fire department personnel
who responded to the scene – two emergency medical technicians and a
fire lieutenant – were fired
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though none was criminally charged. On Tuesday, Sink said a fourth
fire department worker was suspended, but did not provide further
details.

The two fired EMTs did not conduct a primary examination of Nichols
for the first 19 minutes they were on scene, and the lieutenant stayed
in a fire truck, according to
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state emergency medical services board.

A council member asked Sink whether anyone who struck Nichols was
still part of either the police department or fire department.

“No. All of those officers … have been charged criminally,”
Sink said.

Those five former Memphis police officers indicted in January
were arraigned February 17 on criminal charges
[[link removed]].

 

Five former Memphis police officers face criminal chagres in
connection with the death of Tyre Nichols. Top: Tadarrius Bean,
Demetrius Haley, Emmitt Martin III. Bottom: Desmond Mills Jr., Justin
Smith.  (photos: Memphis Police Dept)
Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin III and
Desmond Mills Jr. each face charges of second-degree murder,
aggravated assault, aggravated kidnapping, official misconduct and
official oppression. Second-degree murder in Tennessee is considered a
Class A felony punishable by 15 to 60 years in prison.

Their attorneys entered not guilty pleas on their behalf. They are
due back in court on May 1.

The five charged officers were part of the department’s specialized
SCORPION unit, which was launched in 2021 to take on a rise in
violent crime in Memphis
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Memphis police announced the unit would be permanently deactivated
shortly after video of Nichols’ arrest was released in January, and
the DOJ said Wednesday it would separately review specialized units
across the US and create a guide for their use in addition to its
review of the Memphis Police Department.

Police in February identified a sixth officer who was fired. Preston
Hemphill, who is White, saying he was accused of violating
departmental policies including those covering personal conduct and
truthfulness
[[link removed]].

In addition, two Shelby County Sheriff’s Office deputies who were
at the scene were suspended
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five days each without pay for their parts in the case, according to a
sheriff’s office news release obtained by CNN affiliate WHBQ.

_CNN’s Pamela Kirkland, Shimon Prokupecz and Hannah Rabinowitz
contributed to this report._

* Tyre Nichols
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* Memphis
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* Memphis police
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* police murders
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* police killings
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* DOJ
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* Department of Justice
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* Police
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* Police Departments
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* SWAT
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* NYPD
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* Louisville
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* Louisville Metro police
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* Breona Taylor
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* law enforcement
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