LEILA FADEL, HOST:
Today, a former Memphis police officer will retake the stand against three of his former colleagues. The officers are accused of using excessive force last year during their violent arrest of a Black motorist, Tyre Nichols. Nichols died in a hospital three days after that encounter. The officers accused of using the excessive force that killed him are also Black. Katie Riordan of member station WKNO has been in the courtroom and joins us now. Good morning.
KATIE RIORDAN, BYLINE: Good morning.
FADEL: So these officers all face federal charges. Two pleaded guilty. One of those two officers is Emmitt Martin III. And he's been telling his version of what happened on the stand. What did he say?
RIORDAN: Martin's the officer who initiated the traffic stop that eventually escalated into Nichols' beating. His testimony plays into the prosecution's case that these officers used excessive force and misled others about their actions. He now says he embellished the reasons for stopping Nichols in the first place. He initially saw Nichols speed up to beat a red light. He ran his plates. They came back clean. But he radioed to others to pursue the car. He testified that's against policy because there was no evidence of a felony.
FADEL: Now, what did Martin say happened after police caught up with Nichols?
RIORDAN: Nichols ran from police after he got pepper-sprayed, and Martin said that made him mad. He admitted that although Nichols didn't pose a threat, he kicked and punched him multiple times in the head, and he didn't stop his colleagues from also, quote, "assaulting him" with an additional kick and hits. According to Martin, there was also an unspoken understanding amongst this team that they wouldn't tell on each other to avoid getting in trouble. He kept saying that he exaggerated what Nichols did in order to justify his use of force.
FADEL: Hmm. Now, that's a pretty damning testimony. Martin pleaded guilty, as we mentioned, but he's testifying against three other officers there that Nichols didn't pose a threat, that he kicked and punched him, and he didn't stop his fellow officers from assaulting him. So what's the defense strategy here?
RIORDAN: So remember, there are three defendants, and each has their own lawyers. So cross-examining...
FADEL: Right.
RIORDAN: ...Takes a while, and it isn't done. But so far, the defense has worked to try to call into question Martin's credibility in front of jurors and imply that Nichols did pose a threat. Attorney John Keith Perry said that everything Martin originally told investigators and put in reports about Nichols' arrest was not a complete lie, but he implied that Martin only changed the way he described things, like the way Nichols resisted arrest, after meetings with prosecutors to discuss his testimony.
Perry emphasized that Martin is testifying as part of a plea deal with prosecutors, and prosecutors have dropped some charges against him. The harshest sentence the defendants could face is life in prison, but prosecutors are recommending Martin receive no more than 40 years as part of that agreement.
FADEL: And what role is video of this incident playing in the trial so far?
RIORDAN: It's really been central. There's quite a bit of footage from this case, including video from a surveillance camera with an overhead street view and multiple body-worn cameras that captured the officers kicking and hitting Nichols. This was all released publicly shortly after the incident. It's a video, though, that Tyre Nichols' mother - who's been in the courtroom - can't watch. She leaves when it's shown.
FADEL: Yeah. It must be hard for her. So Emmitt Martin is not the only officer who pleaded guilty. Will the second officer who pleaded guilty also take the stand?
RIORDAN: Yes, he's expected to. Desmond Mills Jr. pleaded guilty to a reduced number of federal charges in exchange for his cooperation and a recommended 15-year prison sentence. And he's captured on video footage using a baton to strike Nichols.
FADEL: That was WKNO's Katie Riordan. Thanks, Katie.
RIORDAN: You're welcome.
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