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Judge rules some information from investigation into Tyre Nichols' death can now be released

The judge rescinded a previous order which he had said was meant to ensure the rights to a fair trial for the former MPD officers.

MEMPHIS, Tenn. — In a new order Nov. 2, 2023, a Memphis Judge rescinded a previous order which delayed the release of some information in the investigation into Tyre Nichols’ death.

In the latest order, Shelby County Criminal Court Judge James Jones Jr. said previous delays on the release of the information, including reports and personnel files for the five former Memphis Police officers charged in the case, were meant to ensure the rights of the defendants to a fair trial.

The city had planned to release on March 8 about 20 hours of additional video, audio and documents related to the arrest. But the release was put on hold the next day after Jones granted a motion to delay from defense attorneys.

The new order says the parties involved “have had ample time to review” the records and the previous orders delaying the release are rescinded.

Previously, Prosecutor Paul Hagerman and defense attorneys agreed that most police personnel records that pre-dated Nichols' beating could be released. But they both also agreed that the media must not get so called Garrity statements, which stem from investigative interviews given by the officers to Memphis Police Department administrators after Nichols' beating.

Garrity statements are not allowed to be used at trial against defendants.

This latest order says any information in the possession of the City of Memphis and Shelby County governments not categorized as Garrity information may be released.

ABC24 has reached out to the D.A.'s office and City about when the information would be released.

This all comes after word from the Shelby County District Attorney and the U.S. Department of Justice that one of the five officers charged, Desmond Mills, would plead guilty to a state and federal charges, with a recommendation of 15 years in prison on the state murder charge.

The federal charges against Mills concern his excessive use of force when he and four other charged officers beat Tyre Nichols on January 7, 2023, and refused to give him medical aid. He is also accused of lying to his supervisors about the beating.

The other four former Memphis Police officers charged with second-degree murder in connection with Nichols' death are Emmitt Martin III, Demetrius Haley, Justin Smith and Tadarrius Bean.

They have pleaded not guilty to criminal charges including second-degree murder in the beating of Nichols after a traffic stop that was caught on video— and his death three days later. Nichols died of blows to his head, and the manner of death was homicide, an autopsy report released May 4 showed.

In addition to the officers fired and charged with murder, one white officer who was involved in the initial traffic stop has been fired but will not face charges. Another officer, who has not been identified, was also fired. An additional officer retired before he could be fired.

Three Memphis Fire Department emergency medical technicians were fired for failing to render aid to Nichols. Two Shelby County Sheriff's Office deputies who went to the location after the beating were suspended for five days for policy violations.

The Associated Press contributed to this report.

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