两名前孟菲斯警官的律师被判妨碍公务在Tyre Nichols的殴打致死案中，双方都在周五提交了无罪开释的动议，认为政府在联邦审判中未能证明指控。
塔达留斯·比恩、贾斯汀·史密斯和第三名前孟菲斯警察德米特里·哈利最初被控四项罪名，殴打尼科尔斯致死，尼科尔斯在2023年1月的例行交通检查.
10月3日，当陪审团在联邦案件中返回混合结果时，比恩，史密斯和哈利被判犯有通过干扰证人妨碍罪。
“绝对没有记录证据支持比恩先生犯有妨碍司法公正罪的个人发现，”比恩的律师约翰·佩里在周五的动议中辩称。与此同时，史密斯的律师马丁·祖马赫(Martin Zummach)在他的动议中辩称，“政府自己的证据表明，贾斯汀·史密斯没有故意妨碍司法公正或在报告过程中隐瞒信息的意图，也没有说服或试图说服证人以阻碍或推迟任何调查。”
当被问及进一步的评论时，佩里在周一向美国广播公司新闻提到了这项动议，称“这是不言自明的。”
“在上帝的帮助下，我将尽最大努力代表贾斯汀在司法程序中发言，”Zummach周一通过电子邮件告诉ABC新闻。
ABC新闻联系了美国司法部(DOJ)，但没有立即回复置评请求。
所有三名前警官最初还被指控另外三项罪名——过度使用武力侵犯尼科尔斯的公民权利、非法袭击、未能干预袭击以及未能提供医疗援助。比恩和史密斯被判无罪。
与此同时，海利被判剥夺尼科尔斯的公民权利导致死亡的罪名不成立，但被判有罪，罪名较轻，即剥夺他的公民权利导致身体伤害。他还被判犯有共谋妨碍罪。
在联邦审判期间，这些前官员没有出庭为自己辩护，并对所有指控表示不服罪。
根据(美)司法部(Department of Justice)，比恩和史密斯每人面临最高20年监禁的处罚，而哈利面临最高10年监禁的处罚，罪名是违反剥夺个人的公民权利“以及故意无视被拘留者的已知严重医疗需求。”该部门指出，哈利因篡改证人指控面临最高20年的监禁。
根据法庭文件，美国田纳西州西区地方法院的一名联邦法官于10月7日下令将哈利不得保释，直到2025年1月22日宣判，但裁定比恩和史密斯无罪允许在监督下释放直到宣判日。
根据法庭文件，海利的律师于10月10日提交了一份动议，要求恢复海利的保释，称法官“错误地认定海利犯有暴力罪，应被强制拘留”，理由是海利“被判侵犯公民权利导致死亡的罪名不成立，被判侵犯公民权利导致身体伤害的罪名较轻。”
ABC新闻联系了法院，但没有立即回复置评请求。
人体摄像机镜头显示，29岁的尼科尔斯在2023年1月7日因涉嫌鲁莽驾驶被警察拦下后逃离，然后用泰瑟枪电击他并向他喷洒胡椒喷雾。
据称，警察在跟踪Nichols几分钟后殴打了他。遭遇警察后，尼科尔斯被转移到医院，情况危急。尼科尔斯于2023年1月10日在医院去世。
另外两名官员——Emmitt Martin III和Desmond Mills Jr也在联邦案件中受到指控，并在对一些联邦指控认罪后，在比恩、史密斯和哈利的审判中作证。
该案件中被指控的五名前警官都是孟菲斯警察局蝎子队的成员，蝎子队是一个打击犯罪的单位，在尼科尔斯死后被解散。所有的官员都因为违反了MPD的政策而被解雇。
所有五名前警官还面临着与尼科尔斯之死有关的州重罪指控，包括二级谋杀。比恩、史密斯和哈利对这些指控拒不认罪。他们对这些指控不认罪。
Ex-officers seek acquittal of obstruction charge in Tyre Nichols beating death
Attorneys for two former Memphis police officersconvicted of obstructionin the beating death of Tyre Nichols filed motions for acquittal on Friday, both arguing that the government failed to prove the charge during the federal trial.
Tadarrius Bean, Justin Smith and a third former Memphis police officer, Demetrius Haley, were initially charged with four counts in the beating death of Nichols, who ran from officers duringa routine January 2023 traffic stop.
Bean, Smith and Haley were found guilty of the charge of obstruction through witness tampering on Oct. 3 when a jury returned mixed results in the federal case.
"There is absolutely no record evidence that supports an individual finding of Mr. Bean guilty of obstruction of justice," Bean's attorney John Perry argued in Friday's motion. Meanwhile, Smith's attorney Martin Zummach argued in his motion that "the government's own proof established that Justin Smith had no intentional knowing desire to obstruct justice or withhold information in the reporting process or persuaded, or attempted to persuade, a witness in order to hinder or delay any investigation."
Asked for further comment, Perry referred ABC News to the motion on Monday, saying that "it speaks for itself."
"With God's help, I will do my best to speak through and within the judicial process on behalf of Justin," Zummach told ABC News via email on Monday.
ABC News reached out to the U.S. Department of Justice (DOJ) but requests for comment were not immediately returned.
All three former officers were also initially charged with three additional counts -- violating Nichols' civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. Bean and Smith were found not guilty on those charges.
Meanwhile, Haley was acquitted of depriving Nichols of his civil rights causing death but found guilty on the lesser charge of depriving him of his civil rights resulting in bodily injury. He was also found guilty of conspiracy to commit obstruction.
The former officers did not take the stand in their own defense during the federal trial and pleaded not guilty to all charges.
According to theDOJ, Bean and Smith each face a maximum penalty of 20 years in prison, while Haley faces a maximum penalty of 10 years in prison for both the violations of depriving an individual of their civil rights "and for being deliberately indifferent to the known serious medical needs of a person in his custody." Haley faces a maximum penalty of 20 years in prison for witness tampering charges, the department noted.
A federal judge for the U.S. District Court for the Western District of Tennessee on Oct. 7 ordered Haley to be held without bond until sentencing on Jan. 22, 2025, according court documents, but ruled that Bean and Smith wereallowed to be on supervised releaseuntil the sentencing date.
According to court documents, Haley's attorney filed a motion on Oct. 10 for Haley's bond to be reinstated, arguing that the judge "erred in concluding that Mr. Haley was convicted of a crime of violence and subject to mandatory detention," citing the fact that Haley was "acquitted of violating civil rights resulting in death and convicted of the lesser included offenses of violating civil rights resulting in bodily injury."
ABC News reached out to the court but requests for comment were not immediately returned.
Body camera footage shows Nichols, 29, fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition. Nichols died in the hospital on Jan. 10, 2023.
Two additional officers – Emmitt Martin III and Desmond Mills Jr. – were also charged in the federal case and testified during the trial for Bean, Smith and Haley after pleading guilty to some of the federal charges.
The five former officers charged in the case were all members of the Memphis Police Department SCORPION unit -- a crime suppression unit that was disbanded after Nichols' death. All of the officers were fired for violating MPD policies.
All five former officers are also facing state felony charges, including second-degree murder, in connection with Nichols' death. Bean, Smith and Haley pleaded not guilty to these charges. They pleaded not guilty to these charges.
