DA's office appeals bail again after disagreements with judge's decision | On the Docket


DA's office appeals bail again after disagreements with judge's decision | On the Docket

The City of Memphis' legal battle with the family of Tyre Nichols reached a boiling point this week, marking the true beginning of the $550 million lawsuit's litigation.

And Thursday, the Shelby County District Attorney's office said it was appealing a judge's bail decision for the third time.

Here's what was on the docket for the week of Nov. 18.

Will allegations of payments and abuse be sealed in the Tyre Nichols lawsuit?

Attorneys for the City of Memphis, in what was labeled as a routine filing on Nov. 15, levied allegations of attorneys paying the mother of Tyre Nichols' child and a California family Nichols was close with. That filing also included abuse allegations against Nichols.

The filing no longer appears on the public docket and attorneys for RowVaughn Wells, Nichols' mother, called the move an effort to "poison the jury pool," likening it to "guerilla warfare."

Tyre Nichols trials:City says damages in Tyre Nichols lawsuit could 'essentially bankrupt' it | On the Docket

Now the two parties are in the midst of arguing whether or not filings like that should be placed under seal.

Wells' attorneys have argued that the contents of the filing are not relevant to the litigation at hand. The attorneys went on to file a motion to have parts of depositions, where the allegations came from, labeled as confidential. They also said they were not given the opportunity to review the document before the city's attorneys filed it.

The city's attorneys, on the other hand, say the allegations in the document are vital to its defense against potential damages. They have said that the $550 million damages request -- which notable civil rights attorney Ben Crump said they were seeking during a press conference over a year ago -- would "essentially bankrupt" the city.

In Thursday afternoon filings, attorneys for the city filed a copy of a deposition transcript under seal and asked a federal judge to read and rule on the transcript's confidentiality.

Shelby County DA's office files third emergency bail motion in recent months

The Shelby County District Attorney's office said Thursday that it had filed another emergency appeal after disagreements over a General Sessions Court judge's decision to release a defendant on their own recognizance.

This marks the third time such a motion was filed against Judge Bill Anderson -- who has been under fire from state legislators, local elected officials and DA Steve Mulroy at times for bail decisions. The motions are rarely filed, according to the DA's office, and it filed its first in August after Anderson released Detawn Gunn on his own recognizance.

Gunn is charged in a shooting at Railgarten that injured four people. Officials say that a fifth person was shot at, but was uninjured.

The second motion, called a writ of certiorari, was filed Wednesday. That motion followed Anderson's decision to release Tyreese Earnest on his own recognizance. Earnest is accused of shooting his coworkers at FedEx.

Thursday's motion followed Anderson's Nov. 19 ruling to release Christopher Smith on his own recognizance to the Veterans Affairs Hospital for a mental health evaluation. Smith was arrested after an hourslong standoff with police. Nobody was injured, but expensive police equipment was damaged.

Previous DA's office action:In unusual legal filing, DA's office looks to reinstate bail for alleged Railgarten shooter

Smith is, according to court records, a veteran who was experiencing a mental health crisis at the time.

"We have serious concerns about public safety in these cases and believe it's important that these defendants be held in custody until their case resolves," Mulroy said in a statement Thursday. "We respect the authority of the court and appreciate this appeal procedure is not to be used routinely every time we disagree with a court's bail decision. But in my view, these two cases are exceptional and warrant appeal."

If granted, a criminal court judge would have the opportunity to set bail.

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Trial dates have now been set in two major state criminal court cases. The trial for the officers charged with fatally beating Tyre Nichols has been set for April 28, 2025. Ezekiel Kelly, the man that authorities say went on a shooting spree, is slated to face a jury July 14, 2025.

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