MEMPHIS, Tenn. — The prosecution rested its case on Thursday afternoon, after testimony from 19 witnesses over the last three weeks. The defense will now have the opportunity to present its own witnesses.
Before the defense could begin, Justin Smith’s attorney, Martin Zummach filed a motion for acquittal, but all the defendants called for the same.
The acquittal is based on insufficient evidence to sustain a conviction, saying Smith did not hit Tyre Nichols in the face or with his baton. All force was applied by someone else.
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It also says Smith was blinded and disoriented by pepper spray that got on him, and no criminal intent has been established.
Defense attorney Kevin Whitmore, who represents Tadarrius Bean, gave oral arguments on why the government’s case is deficient, saying MPD has no written policy on active and passive resistance.
They did not bring a use of force expert to testify. They did not have the correct discussion of the duty to intervene and Emmitt Martin was the aggressor. There was no willful conspiracy.