Jury may not hear cops' admissions in Tyre Nichols' beating

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Jury may not hear cops' admissions in Tyre Nichols' beating
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It was a stunning revelation: One of the officers involved in the fatal beating of Tyre Nichols took a cellphone photo of the bloodied and handcuffed man and…

The disclosure was part of the Memphis Police Department’s request to the state that the five former officers charged with murder in Nichols’ death be decertified. But the officer’s statement about sharing the photo will likely never be seen by a jury.Sign up to receive daily headline news from Ottawa Citizen, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.

If an officer is told they have to answer questions as part of an internal affairs investigation or they could lose their job, courts have viewed those statements as protected or inadmissible in criminal proceedings because the officers were forced to talk. Officials have to be careful to keep the internal affairs and criminal investigations totally separate because it can derail the criminal case if the prosecution is found to have inappropriately used statements protected under Garrity.Article content

Another officer, Tadarrius Bean, admitted in his compelled statement that he struck the man “with a closed fist two to three times in the face” because he and his partners were “unable to handcuff him,” the documents say. Both a lower court and an appeals court found that Dallas Police investigators, who conducted a walk-through interview, had clearly identified themselves as investigating the criminal case around the shooting not an internal affairs issue when they asked Oliver for the interview. They also noted Oliver had not shown that any testimony had been tainted by Garrity protected materials, which had been siloed off by a prosecutor’s office staffer and not given to prosecutors.

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