google-site-verification=cXrcMGa94PjI5BEhkIFIyc9eZiIwZzNJc4mTXSXtGRM A Memphis judge postpones state trial in Tire Nichols’ death until after the federal trial - 360WISE MEDIA
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A Memphis judge postpones state trial in Tire Nichols’ death until after the federal trial

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Nichols died in hospital in January 2023, three days after being brutally beaten by five Memphis officers now charged with second-degree murder

MEMPHIS, Tenn. (AP) — A judge on Friday indefinitely postponed the state court trial of 4 former Memphis officers charged with second-degree murder in the fatal beating of Tire Nichols pending the conclusion of a federal court trial on civil rights charges.

Criminal Court Judge James Jones Jr. made the ruling after defense attorneys filed a motion asking him to remove the state trial from the calendar to avoid “parallel proceedings” that would impede officers’ right to defend themselves in each cases.

The decision got here after the trial of the officers accused of beating Nichols in reference to Nichols’ death was postponed from May 6 to September 9 to offer defense lawyers more time to effectively prepare their case. They say those preparations include reviewing 800 gigabytes of video, documents and other evidence presented to them by federal prosecutors.

A crowd gathers to recollect Tire Nichols during a candlelight vigil on the anniversary of his death, Jan. 7, 2024, in Memphis, Tennessee (AP Photo/Karen Pulfer Focht, File)

Nichols died in hospital on January 10, 2023, three days after he was kicked, punched and hit with a police baton following a traffic stop. Police video shows five officers beating Nichols as he screamed at his mother just steps from his home. The footage also shows officers milling around and talking to one another while Nichols sits on the ground scuffling with his injuries.

The autopsy report concluded that Nichols died from blows to the head and the death was a homicide. The report described brain injuries, cuts and bruises to the head and other parts of the body.

Memphis’ police chief said the department couldn’t justify any reason for the traffic stop.

Nichols was black. Five of the officers are also black. They were fired for violating Memphis Police Department policy. Nichols’ death sparked outrage and calls for reform in Memphis and across the country.

Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills Jr. and Justin Smith were charged in state court with second-degree murder and other crimes. They were also charged with federal civil rights violations related to the use of excessive force and obstruction of justice.

Mills pleaded guilty Nov. 2 to federal charges of excessive force and obstruction of justice and agreed to cooperate with prosecutors, who advisable a 15-year prison sentence. His lawyer said he can even plead guilty in state court.

The remaining officers have pleaded not guilty to the charges against them in state and federal courts.

Michael Stengel, Haley’s attorney, noted during Friday’s hearing that the officers could face more severe punishment if convicted in federal court in comparison with state court. The officers face life in prison on the federal charges, and 15 to 25 years in prison for second-degree murder.

“Litigation economy and the ends of justice are best served by conducting a federal trial first,” the defense motion said.

Prosecutor Paul Hagerman said he agreed to postpone the state trial without setting a future date, provided all parties comply with quickly return to state court and set a brand new trial date if the federal trial doesn’t proceed.

Hagerman also said he spoke with Nichols’ family and so they agreed to a postponement of the state trial.

“They want justice for their son and they will see to it however long it takes,” Hagerman said. “They don’t see today as some sort of loss.”

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Employment of police officers in the U.S. will increase in 2023 after years of decline, a study shows

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PHILADELPHIA (AP) — Police departments across the U.S. are reporting an increase in officer numbers for the first time since the Covid-19 pandemic and the 2020 killing of George Floyd, which a study shows led to a historic exodus of officers.

According to 214 law enforcement agencies that responded to a survey conducted by the Police Executive Research Forum (PERF), more sworn officers were hired in 2023 than in any of the previous 4 years, and fewer officers resigned or retired overall.

Floyd’s death at the hands of Minneapolis police officers sparked nationwide protests against police brutality and increased scrutiny of law enforcement.

As more officers left, many departments needed to reallocate strained resources, taking them away from investigative work or coping with quality-of-life issues equivalent to abandoned vehicles or noise violations, to deal with the rise in crime, and in some cases, shortages meant slower work. police officers claim that response times are reduced or limited to responding only to emergencies.

“I just think the last four years have been particularly difficult for American policing,” said Chuck Wexler, executive director of PERF, a nonprofit police think tank based in Washington. “And our study shows that we are finally starting to turn into a corner.”

However, in line with Wexler, individual departments are recovering at different rates, noting that many still struggle to draw and retain officers.

Overall, the career “isn’t completely eliminated yet,” he said.

The Associated Press left phone and email messages with several unions and police departments asking about hiring increases.

The study shows that while there have been more sworn officers in small and medium-sized departments than in January 2020, staffing levels in large departments are still greater than 5% below their employment levels then, even with year-over-year increases in 2022– 2023.

The study also found that smaller departments with fewer than 50 officers proceed to face higher attrition and retirement rates.

Wexler said the survey only asked about numbers, so it’s hard to say whether these officers are leaving for larger departments or leaving the career altogether. He also found that smaller departments, which make up 80% of agencies nationwide, were underrepresented in the responses PERF received.

Many larger departments have raised officer pay or began offering incentives equivalent to signing bonuses for knowledgeable officers who’re willing to transfer, something smaller departments cannot really compete with. At least a dozen smaller departments have disbanded, leaving the municipalities they once served counting on state or county police for help.

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However, even some of the highest-paid large departments still struggle to draw latest employees.

“I don’t think it’s all about money. “I think it’s about how people view their work and feel like they’re going to be supported,” Wexler said. “You have departments on the West Coast that are paying six-figure sums but still see significant hiring challenges.”

In addition to salaries and bonuses, many agencies are re-examining their application requirements and recruitment processes.

Wexler believes some of these changes make sense, equivalent to allowing visible tattoos, reconsidering the importance of past financial problems and faster background checks for applicants. However, he warned that PERF doesn’t support lowering training or candidate standards.

Maria “Maki” Haberfeld, chair of the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice, says departments have focused an excessive amount of on officer numbers. He worries that some are lowering educational requirements and other standards to increase the number of officers, relatively than trying to search out the best people to police their communities.

“Policing is a real profession that requires more skill and more education than people can understand,” she said. “It’s not about tattoos or running a mile in quarter-hour. “It’s really more about emotional intelligence, maturity and split-second decision-making without the use of lethal force.”

Haberfeld also cautioned that any personnel gains made through incentives could easily be erased, especially since officers, including some in combat gear, were seen breaking up protests against the war between Israel and Hamas at universities across the country.

“In policing, it takes decades to move forward and a split second for public attitudes to deteriorate,” she said.

The PERF study showed an overall decline in layoffs of greater than 20%, from a high of almost 6,500 in 2022 to fewer than 5,100 in 2023. However, they’re still higher than levels at the starting of the pandemic in 2020, when several greater than 4,000 officers resigned in all corresponding departments.

As with employment growth, the rate of decline in retirements tended to depend upon department size. In 2023, fewer people retired in large departments than in 2019, barely more retired in medium-sized departments, and increased salaries in small departments. The study found a sharp decline in resignations in large agencies with 250 or more employees and in mid-sized agencies with 50 to 249 officers.

In addition to increases in pay and advantages, improved retention could be partly attributed to a change in the way some public officials view their public safety departments, Wexler says.

“It was only a few years ago that we moved from public discourse about defunding the police to public officials realizing that their employees were leaving,” he said. “I don’t think there’s any doubt that there’s been a radical change among political leadership.”


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Minneapolis agreed to a $150,000 settlement. dollars for a man who witnessed the murder of George Floyd

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MINNEAPOLIS (AP) — The Minneapolis City Council has agreed to pay $150,000 to an eyewitness who tried to intervene to prevent George Floyd’s murder and who says he suffers from post-traumatic stress disorder as a result.

Donald Williams, a mixed martial arts fighter who testified against former officer Derek Chauvin in his 2021 murder trial, sued the city last spring, alleging that he was attacked by police while trying to prevent Floyd’s death on May 25, 2020.

On Thursday, the council unanimously approved the settlement without discussion, – the Star Tribune reported.

The lawsuit alleged that Chauvin looked directly at Williams, grabbed a canister of chemical spray and commenced shaking it at him and other bystanders, expressing concern for Floyd’s well-being. In a video played during Chauvin’s trial, Williams might be heard telling Chauvin to get off Floyd and denouncing the officer as a “bum.” According to the lawsuit, former officer Tou Thao approached Williams and placed his hand on his chest.

Williams told the jury in Chauvin’s trial that the officer performed what MMA fighters call a “blood choke” on Floyd, restricting his circulation.

In this photo from video, witness Donald Williams answers questions March 29, 2021, at the Hennepin County Courthouse in Minneapolis during the trial of former Minneapolis police officer Derek Chauvin in the death of George Floyd on May 25, 2020. (Court TV via AP, pool, file)

Williams alleged in his lawsuit that as a result of the officers’ actions, he feared for his safety and endured pain, suffering, humiliation, embarrassment and medical expenses.

Floyd, who was black, died on May 25, 2020, after Chauvin, who is white, knelt on his neck for 9 1/2 minutes outside a food market where Floyd tried to pass a counterfeit $20 bill. A passerby’s video captured Floyd’s faint cries of “I can’t breathe.” Floyd’s death sparked protests around the world and compelled the country to reckon with police brutality and racism.

Chauvin was convicted of state murder in Floyd’s death and sentenced to 22 1/2 years in prison. He also pleaded guilty to a separate federal charge of violating Floyd’s civil rights. Thao and two other former officers involved in the case are serving shorter sentences.

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The Chicago Court of Appeals rejects R. Kelly’s appeal to 20 years in prison

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CHICAGO (AP) – Singer R. Kelly was rightfully sentenced in Chicago to 20 years in prison for sex crimes against children, a federal appeals court ruled Friday.

In 2022, jurors convicted the Grammy-winning R&B singer, born Robert Sylvester Kelly, of three counts of creating child sexual abuse images and three counts of soliciting sex from a minor.

In his appeal, Kelly argued that Illinois’ previous and shorter statute of limitations for child sex crimes must have applied in his Chicago case, relatively than the present law that permits charges to be filed while an accuser continues to be alive.

He also argued that charges against one accuser must have been handled individually from charges against three other accusers because of the video evidence that became the centerpiece of the Chicago trial.

Federal prosecutors say the video shows Kelly molesting the girl. The accuser, identified only as Jane, testified for the primary time that she was 14 years old when the video was recorded.

A 3-judge panel from the Chicago-based seventh U.S. Circuit Court of Appeals in Friday’s ruling he noted that jurors acquitted Kelly on seven of the 13 charges against him “even after seeing these disgusting tapes.”

(*20*)

R. Kelly leaves the Daley Center after a toddler support hearing in May 2019 in Chicago. Kelly’s lawyer told an appeals court Monday that prosecutors improperly used the racketeering statute, written to stamp out organized crime, to pursue the singer. (Photo: Matt Marton/AP, file)

The appeals court also rejected Kelly’s argument that he shouldn’t have been prosecuted since the allegations arose when Illinois law requires prosecution of child sex crime charges inside ten years. The panel described it as Kelly’s attempt to avoid charges altogether after “employing an elaborate scheme to silence victims.”

In a written statement, Kelly’s attorney, Jennifer Bonjean, said they plan to ask the U.S. Supreme Court to review the choice and “pursue all available remedies until R. Kelly is released.”

“We are disappointed with the ruling, but our fight is not over,” she said.

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Prosecutors in Kelly’s hometown of Chicago sought a fair tougher sentence, asking for 25 years in prison. They also wanted the judge not to allow that period to begin until after Kelly had served a 30-year sentence imposed in 2022 in New York for federal racketeering and sex trafficking convictions.

Judge Harry Leinenweber denied that request, ordering Kelly to serve the 20-year sentence in the Chicago case concurrently together with his New York sentence.

Kelly filed a separate appeal against the decision in New York.

Last month, during arguments before the 2nd U.S. Circuit Court of Appeals, attorney Jennifer Bonjean asked the panel to find that prosecutors improperly used the racketeering statute, written to stamp out organized crime, to pursue the singer.


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