Officer Jason Van Dyke's Attorney Says He Plans to Seek a Change of Venue | NBC Chicago

Officer Jason Van Dyke's Attorney Says He Plans to Seek a Change of Venue

Van Dyke has been formally indicted on six counts of first-degree murder and one count of official misconduct for the shooting death of 17-year-old Laquan McDonald

An attorney for the Chicago police officer charged with murder in the shooting death of 17-year-old Laquan McDonald plans to seek a change of venue in the case, saying he believes it will be difficult to find an unbiased jury in Cook County. NBC 5's Alex Maragos reports. (Published Friday, Jan. 29, 2016)

An attorney for the Chicago police officer charged with murder in the shooting death of 17-year-old Laquan McDonald plans to seek a change of venue in the case, saying he believes it will be difficult to find an unbiased jury in Cook County. 

"We think that at the end of the day we’re going to present come very compelling evidence to demonstrate that it’s impossible for my client to get a fair trial in this case," said Attorney Dan Herbert, who is representing Officer Jason Van Dyke.

Herbert has said he was considering requesting the trial be moved out of Cook County in recent months, but on Friday, he revealed the request will be made after the discovery period is finished. He noted previously that a change of venue request is an uncommon one and hasn't been done in Cook County "in decades."

Part of the evidence Herbert plans to show involves comments made by Emanuel criticizing Van Dyke after video of McDonald's shooting became public. Emanuel previously told reporters, "Van Dyke violated both the standards of professionalism that come with being a police officer but also basic moral standards that bind our community together."

Officer Jason Van Dyke Returns to Court

[CHI] Officer Jason Van Dyke Returns to Court
An attorney for the Chicago police officer charged with murder in the shooting death of 17-year-old Laquan McDonald plans to seek a change of venue in the case, saying he believes it will be difficult to find an unbiased jury in Cook County. Michelle Relerford reports. (Published Friday, Jan. 29, 2016)

"When the mayor of the city in which the pool of jurors that we would draw from has taken such an adamant stance it makes it extremely difficult for us to get a juror in here that is not predisposed to a finding of guilty," Herbert said.

Van Dyke returned to court Friday morning for a status hearing.Cameras were allowed inside and outside the hearing, where protesters also gathered demanding justice for the slain teen.

During the hearing, prosecutors submitted materials from the Independent Police Review Authority to the defense. 

"We received a bit of discovery," Herbert said after the hearing. "That’s what’s going to continue in this case. We’ll receive bits and pieces of evidence until we finally receive all the evidence and then that’s when we will start aggressively filing motions."

McDonald's family was also in court today. His great uncle, Reverend Marvin Hunter has concerns about the process.

"We are asking the federal prosecutors to sit in the courtroom to ensure that that we get a fair trial," Hunter said.

Van Dyke has been formally indicted on six counts of first-degree murder and one count of official misconduct. The first-degree murder charge came on Nov. 24, just hours before city officials made dashcam videos public showing Van Dyke shooting the 17-year-old 16 times as he walked away from police in October of 2014.

The release of the footage ignited citywide outrage, with demonstrators expressing anger that it took officials 13 months to charge the officer, who remained on paid desk duty during that time.

Herbert said in court Friday that he believes the state is "not going to meet their burden" in the case, however.

"This case, it’s a tragedy," he said. "It’s not a murder, it’s certainly not a murder one. It's a tragedy."

Van Dyke has since been suspended from the police force. He pleaded not guilty to the charges and posted the required $150,000 of a $1.5 million bond to be freed from Cook County jail in November.

Herbert noted that both the officer and his family have since received death threats and Van Dyke is concerned for his family's safety. 

"Every time he leaves his house he is fearful," the attorney said. "His life will never be the same again."

April, 2016
4/13/16 'Day of Reckoning': Task Force Releases Scathing Report on CPD
4/13/16 City Council Authorizes $6.5M in Police Misconduct Settlements
4/13/16 Emanuel Wants Hate Crime Probe for Racist Scanner Comments
4/13/16 Panel Warns Chicago Police Must Acknowledge Racism
4/8/16 Report: Chicago’s Ill-Fated Top Cop Search Cost $500,000
4/4/16 Chicago May Pay $4.9M to Family of Man Who Died in Custody
4/4/16 Emanuel Requests Hate Crime Investigation
4/1/16 Emanuel Makes List of “Most Disappointing Leaders”
March, 2016
3/31/16 Jason Van Dyke Gets New Job With Fraternal Order of Police
3/31/16 Officer Jason Van Dyke Hired by Police Union
3/28/16 Mayor Announces Johnson as Interim Police Superintendent
3/28/16 Emanuel Chooses Top Cop, Rejects 3 Finalists: Sources
3/24/16 Chicago Black Caucus Wants Meetings With Top Cop Candidates
3/24/16 IPRA to Re-Examine All Closed Police-Involved Shootings
3/23/16 Officer Jason Van Dyke Asks Not to Appear at Hearings
3/18/16 Emanuel Offers No Timeline for Police Superintendent Replacement
3/17/16 3 Finalists Announced in Chicago Top Cop Search
3/17/16 Finalists for Chicago's Next Top Cop Revealed
3/16/16 CPD Union Seeks to Postpone IG’s McDonald Probe
3/16/16 Foxx on Win: 'This Work Is Deeply Personal to Me'
3/16/16 Embattled Anita Alvarez Loses to Kim Foxx
3/14/16 Chicago Police Investigate After Racial Slur Heard on Radio
3/14/16 How the Laquan McDonald Case Shaped the Illinois Primary
3/10/16 'Become a One-Issue Campaign': Alvarez Speaks on Criticisms
3/1/16 As Violence Escalates, Police Search for Answers
February, 2016
2/25/16 Meet Chicago’s New FBI Chief
2/17/16 Chicago Vows to Release Police Shooting Videos Faster
2/16/16 Special Prosecutor Sought in Laquan McDonald Shooting Case
2/16/16 Emanuel Bumped From Top Spot of Most Powerful Chicagoans
2/12/16 Inverted Batteries to Blame for Lack of Laquan McDonald Audio: Docs
2/12/16 Docs Solve Mystery of Missing Audio in McDonald Video

2/11/16 Police Documents Show Why No Audio In McDonald Shooting

2/10/16 Ward Room Campaign Round-Up: Democratic U.S. Senate Candidates Square Off

2/10/16 City Expected to Settle Police Hiring Lawsuit

2/8/16 Alvarez Battles Opponents During Editorial Board Endorsement Sessions

2/8/16 Aldermen Halt Emanuel’s Plan to Raise Smoking Age

2/8/16 Garry McCarthy Being Considered for Top Cop Job in London: Report

2/5/16 Mom of Teen Fatally Shot by Police Calls for Federal Probe

2/4/16 Aldermen Look to Improve City's Mental Health Services

2/4/16 Report: CTU Garners Triple the Support of Emanuel

2/4/16 Jesus 'Chuy' Garcia Endorses Kim Foxx for State’s Attorney

2/4/16 Ward Room Campaign Round-Up: Week 2

2/2/16 Alvarez Holds Lead in Latest State’s Attorney Poll

2/1/16 Foxx Blasts Alvarez's Handling of McDonald Shooting in Campaign Ad

2/1/16 Many Iowa Republicans Undecided Before Caucuses

2/1/16 Rahm Emanuel’s Approval Rating Hits Record Low: Report

January, 2016

1/26/16 Emanuel Mandates Police to Receive Training on Mental Illness

1/26/16 Van Dyke's Attorney Says He Plans to Seek a Change of Venue

1/26/16Zopp Calls for Reforms to Law Enforcement, Criminal Justice System

1/26/16 Alvarez Challenged by Opponents During State's Attorney Debate

1/29/16 Police Developing New Strategy to Combat Crime, Emanuel Says

1/26/16 DC Police Chief Not Interested in Top Job With Chicago PD

1/25/16 Retired Philadelphia Police Chief Returns to Advise CPD

1/22/16 2 Officers in Laquan McDonald Case Put on Administrative Leave

1/21/16 Judge OKs Court Cameras for Jason Van Dyke Trial

1/19/16Aldermen Propose Equipping Every Chicago Officer With a Taser

1/17/16Bill Could Make it Harder for Police to Prevent Release of Videos

1/17/16 Hillary Clinton Walks Back Support for Emanuel

1/17/16Anita Alvarez Defends Herself at State's Attorney Forum

1/15/16Cops Called to Testify Before Grand Jury in McDonald Case

1/14/16Cook County Dems Endorse Foxx for State's Attorney

1/13/16Lawyer Blasts IPRA as Less Than Independent

1/13/16Chicago Withdraws Objection to Release of Shooting Video

1/13/16 Chicago Police Street Stops May Have Decreased Due to New Form Procedure

1/12/16Police Board Holds Meeting on Search for New Top Cop

1/12/16Boycott of Mayor's MLK Invitation Grows

1/12/16More City Leaders Boycott Mayor's MLK Breakfast

1/11/16 Judge to Decide This Week on 2013 Shooting Video's Release

1/10/16WH Chief of Staff: Obama 'Confident' in Emanuel

1/10/16 Chicago Hires Former U.S. Attorney to Review Law Dept.

1/9/16FBI Investigating 2013 Fatal CPD Shooting

1/8/16 McDonald Family Accused City of Intimidating Witnesses: Docs

1/8/16Cook County Dems Reopen Slating Process for State's Attorney Race

1/7/16Emanuel Says Law Department Will Be Reviewed

1/7/1622 CPD Officers Disciplined for Improper Use of Dashcams

1/6/16 Ex-Chicago Attorney's Cases Examined After Judge's Ruling

1/5/16 Emanuel Says Federal Probe of City's Law Dept. Not Needed

1/5/16Reparations Paid in Chicago Police Torture Case

1/5/16 Top City Lawyer Steps Down After Judge Rules He Hid Evidence

1/4/16 Sharon Fairley Restructures IPRA Leadership Team

1/3/16Ill. Considers Allowing Recall Attempts of Chicago Mayor

December, 2015

12/31/15City Releases Emails on Laquan McDonald Shooting

12/31/15Activists March to Remember Victims of Gun Violence in 2015

12/30/15 Emanuel Meets With Family of Mother Killed in Police-Involved Shooting

12/30/15Emanuel on New Taser Policy: 'Force Can Be the Last Option'

12/30/15Emanuel to Announce Chicago Police Plan Wednesday

12/29/15Officer Jason Van Dyke Enters Not Guilty Plea

12/24/15 Audio Reveals Taser Requested in McDonald Shooting

12/24/15 Demonstrators March on Michigan Ave. Over McDonald Shooting

12/23/15 Audio Reveals Taser Requested in McDonald Shooting

12/23/15 Emanuel Lands on List of 'The Worst People of 2015'

12/18/15 Angry Group Confronts Officer Jason Van Dyke Outside Court
12/18/15 Officer Jason Van Dyke Makes First Court Appearance Since Indictment
12/18/15 Behind The Story: Carol Marin on Covering Laquan McDonald
12/18/15 Protesters Flood State Street, Call for Justice
12/18/15 Sen. Mark Kirk Reacts to Laquan Mcdonald Shooting
12/18/15 Emanuel Flip Flops on DOJ Investigation, Now Supports It
12/17/15 Rev. Jackson to Lead Laquan McDonald Rally on State Street

12/17/15 Video From Burger King Near McDonald Shooting Released

12/17/15 Who Was Laquan McDonald?

12/17/15 Officials Release Full Laquan McDonald Police Report

12/17/15 Bernie Sanders Calls for Federal Probe of CPD

12/17/15 Madigan Calls for Investigation of Chicago Police Department

12/17/15 Retired Officers Say CPD Misconduct 'Going On for Years'

12/17/15 Mayor: City Will Support Release of Another Dashcam Video

12/17/15 Anita Alvarez Says 'No Way' She Will Consider Resigning

12/17/15 Rauner Says He Cried When He Saw McDonald Video

12/17/15 Questions Remain After Firing of Police Supt. McCarthy

12/17/15 Mayor Announces Task Force on Police Accountability

12/17/15 White House Expresses Support for Mayor Emanuel

12/17/15 Alvarez on Firing of McCarthy: 'It's the Mayor's Prerogative'

12/17/15 Dashcam Video Sought of Another Fatal Police Shooting

12/17/15 Foxx Earns Endorsements Over Embattled Alvarez

12/17/15 Email Reveals First Question to City About Laquan McDonald Video

12/17/15 McCarthy's Tenure Full of Highs and Lows

12/17/15 Politicians, Activists Praise Firing of McCarthy

12/17/15 John Escalante Named Interim Chicago Police Superintendent

12/17/15 Officer Charged in Laquan McDonald's Death Posts Bond

12/17/15 Rep. Gutierrez Withdraws Support for Alvarez's Re-Election

12/17/15 McCarthy: Initial Release on McDonald Shooting 'Mistaken'

12/17/15 McCarthy Fired Week After McDonald Shooting Video Released

12/17/15 NAACP: 10 Arrested at Protest Outside City Hall

12/17/15 Photos Show Officer at Burger King Night of McDonald's Death

12/17/15 Mayor Goes Silent After Release of Laquan McDonald Video

12/17/15 Anita Alvarez Responds to Calls for Her Resignation

12/17/15 Demands to Fire McCarthy Grow in Wake of Protests

12/17/15 Threat That Canceled Classes at UofC Cited McDonald Shooting

12/17/15 Fraternal Order of Police Raises Bond Money for Van Dyke

12/17/15 NAACP Members Protest Laquan McDonald Shooting

12/17/15 Dwyane Wade Pays Tribute to Laquan McDonald on Shoes

12/17/15 Chicago to Expand Police Body Camera Program

12/17/15 4 Arrested in Magnificent Mile Protests

12/17/15 Mag Mile Reopens After Protesters Block Traffic, Stores

12/17/15 Protesters March at City Hall for Laquan McDonald, Tyshawn Lee

12/17/15 Obama 'Deeply Disturbed' by Video of McDonald's Shooting

12/17/15 What Chicago Police Said The Night Laquan McDonald Died

12/17/15 Protesters Shut Down Mag Mile After Dash-Cam Video Release
12/17/15 Politicians Call For Reform In Wake of Laquan McDonald Shooting
12/17/15 Arrests Made After Protesters Damage City Christmas Tree
12/17/15 4 New Dash-Cam Videos Released of Laquan McDonald Shooting
12/17/15 Alvarez Gives Minute-by-Minute Report of Teen's Fatal Shooting
12/17/15 Missing Minutes From Security Video Raises Questions
12/17/15 Timeline: What Pros. Say Happened Night McDonald Was Shot
12/17/15 Investigator Analyzes Dash-Cam Video of Chicago Teen's Shooting
12/17/15 Images Capture Tense Moment Between Protesters, Police
12/17/15 Calls for Mayor's Resignation Flood Social Media
12/17/15 Questions Remain About Missing Audio in McDonald Dash-Cam Video
12/17/15 Chicago NAACP Chapters Call for Investigation Into IPRA
12/17/15 Records Show Officer in McDonald Case Had Previous Complaints
12/17/15 Charges Dropped Against Influential Activist After Arrest
12/17/15 Dash-Cam Video Shows Laquan McDonald's Fatal Shooting
12/17/15 Alvarez Addresses Missing Minutes From Security Video
12/17/15 5 Arrested During Overnight Protests for Laquan McDonald
12/17/15 Clinton, Sanders Speak Out About Laquan McDonald Video
12/17/15 Hundreds Protest After Release of Laquan McDonald Video
12/17/15 CPS Offers Counseling After Dash-Cam Video Release
12/17/15 Protesters March After Release of Laquan McDonald Video
12/17/15 Officer to Be Indicted in Laquan McDonald Case: Source
12/17/15 CPD Failed to Properly Probe Death of Teen Shot by Cop: Suit
12/17/15 6 Chicago Officers Named in Settlement Agreement
12/17/15 GoFundMe Removes Page to Help Cop Charged With Murder
12/17/15 McDonald Family Asks for 'Calm' Upon Video Release
12/17/15 City Leaders Fear for Release of Video of Teen's Shooting Death
12/17/15 Leaders Call for Peace Ahead of Potential Unrest
12/17/15 Jesse Jackson Speaks Out on Laquan McDonald
12/17/15 Grand Jury Indicts Officer in Laquan McDonald's Death
12/17/15 Audio Missing on Video of Teen Shot by Cop: Attys
12/17/15 Judge Orders Release of Video Showing Teen's Shooting Death
12/17/15 Ben Carson Calls McDonald Shooting 'Abominable'
12/16/15 Board Calls on Alvarez to Appear Before Criminal Justice Committee
12/16/15 Department of Justice Begins Probe Into CPD
12/16/15 Urban Prep Academy Students Yell "16 Shots" During Mayor's Visit
12/16/15 Cop in Laquan McDonald Case Tied to Another Police Shooting
12/16/15 Chicago Protest Against Cop-Involved Shooting Blocks Traffic
12/15/15 Cops Want Emanuel to Testify About Police 'Code of Silence'
12/15/15 After Deadlock, Baltimore Jurors Continue in Officer Trial
12/15/15 City Hall Emails Show Trail to Top Emanuel Aides
12/15/15Protesters Accused of Trying to Climb Rockefeller Center Tree

12/13/15 The Rise of the New Chicago Protesters

12/13/15 Chance the Rapper References McDonald Shooting on ‘SNL’
12/12/15 Mayor Emanuel is Back in Hiding
12/11/15 Activists Call for DOJ to Expand Investigation in Chicago

12/11/15 'Change Is Needed': McDonald Family Speaks Out

12/11/15Pastors Seek Special Prosecutor in McDonald Case

12/10/15Expert: Process of Recalling Rahm 'Not a Quick Possibility'

12/10/15Protesters Continue to Call for Mayor's Resignation

12/10/15Sheriff's Officers Were at Scene of Laquan McDonald Shooting

12/10/15 Expert Says Recalling Mayor Emanuel Would Not Be an Easy Process

12/10/15 Police Board Begins Search for New Chicago Police Superintendent

12/10/15Mayor's Office Responds to Recall Legislation

12/10/15 Illinois Lawmaker Files Legislation to Remove Mayor Emanuel

12/9/15Protesters Block Traffic in March Through Downtown Chicago

12/9/15 Some in City Hall Knew of McDonald Video 2 Months After Shooting: Emails

12/9/15 'Happened on My Watch': Mayor Vows to Fix Police Corruption

12/9/15 Poll: Half of Chicago Voters Think Emanuel Should Resign

12/9/15Chicago Cop Charged With Murder in Teen's Fatal Shooting

12/8/15 IPRA Asks Inspector General to Investigate McDonald Case

12/7/15 Feds Launch Civil Rights Investigation into CPD Practices

12/7/15 Dashcam Video Showing 2nd Police Shooting Released

12/7/15 CPD's Chief of Detectives Retires Suddenly

12/7/15 Head of Independent Police Review Authority Resigns

12/7/15 Justice Department to Investigate CPD

12/6/15 Police Accounts Appear to Differ With McDonald Shooting Video

12/5/15 Officials Release Full Laquan McDonald Police Report

12/4/15 Video From Burger King Near McDonald Shooting Released 

12/4/15 Chicago's Interim Cop Talks Potential Federal Probe

12/4/15 Bernie Sanders Calls for Federal Probe of CPD

12/4/15 Rev. Jackson to Lead Laquan McDonald Rally on State Street

12/3/15 Emanuel Flip Flops on DOJ Investigation, Now Supports It

12/3/15 Family Fights to Have Video of Another Teen's Fatal Shooting Released

12/3/15 Mayor: City Will Support Release of Another Dashcam Video

12/3/15 Rauner Says He Cried When He Saw McDonald Video

12/3/15 Anita Alvarez Says 'No Way' She Will Consider Resigning

12/3/15 Retired Officers Say CPD Misconduct 'Going on For Years'

12/2/15 Madigan Calls for Investigation of CPD

12/2/15 Clinton Calls for Federal Probe of Chicago Police Tactics

12/1/15 Mayor Announces Task Force on Police Accountability

12/1/15 McCarthy: Initial Release on McDonald Shooting 'Mistaken'

November, 2015

11/30/15 Photos Show Officer at Burger King Night of McDonald's Death

11/30/15 Officer Charged in Laquan McDonald's Death Posts Bond

11/30/15 Threat That Canceled Classes at UofC Cited McDonald Shooting

11/30/15 Mayor Goes Silent After Release of Laquan McDonald Video

11/30/15 Anita Alvarez Responds to Calls for Her Resignation

11/30/15 Demands to Fire McCarthy Grow in Wake of Protests

11/29/15 Dwyane Wade Pays Tribute to Laquan McDonald on Shoes

11/29/15 Fraternal Order of Police Raises Bond Money for Van Dyke

11/28/15 Protesters March at City Hall for Laquan McDonald, Tyshawn Lee

11/28/15 4 Arrested in Mag Mile Protests

11/27/15 What Chicago Police Said the Night Laquan McDonald Died

11/27/15 Protesters Shut Down Mag Mile After Dash-Cam Video Release

11/26/15 Laquan McDonald Was Trying to Start Over: School

11/26/15 4 New Dash-Cam Videos Released of Laquan McDonald Shooting

11/26/15 Arrests Made After Protesters Damage City Christmas Tree

11/26/15 Obama 'Deeply Disturbed' by Video of McDonald's Shooting

11/25/15 Clinton, Sanders Speak Out After Release of Laquan McDonald Video

11/25/15 Chicago NAACP Chapters Call for Investigation Into IPRA

11/25/15 Protesters Plan March on Michigan Avenue on Black Friday

11/15/15 Calls for Mayor's Resignation Flood Social Media After Dash-Cam Video Release

11/25/15 Chicago Braces for Protests Following Dash-Cam Video Release

11/25/15 Charges Dropped Against Influential Activist After Arrest

11/25/15 Timeline: What Prosecutors Say Happened the Night Laquan McDonald Was Shot

11/25/15 Chicago's Black Caucus Calls for McCarthy's Release

11/25/15 5 Arrested During Overnight Protests for Laquan McDonald

11/24/15 Records Show Officer in McDonald Case Had Previous Complaints

11/24/15 CPS Offers Counseling After Released of McDonald Video

11/24/15 Protesters March After Release of Laquan McDonald Video

11/24/15 WARNING: Dash-Cam Video Showing Teen's Fatal Shooting Released

11/24/15 Alvarez Addresses Missing Minutes From Security Video

11/24/15 Alvarez Gives Minute-by-Minute Report of Teen's Fatal Shooting

11/24/15 Family of Laquan McDonald Asks for 'Calm' Upon Release of Dash-Cam Video

11/24/15 Alvarez Defends Timing of Charges in Laquan McDonald Case

11/24/15 GoFundMe Removes Page Seeking Donations for Chicago Cop Charged With Murder

11/24/15 Chicago Cop Charged With Murder in Teen's Fatal Shooting

11/23/15 Community Leaders Call for Peace Ahead of Potential Unrest

11/23/15 Who Was Laquan McDonald?

11/23/15 Officer to Be Indicted in Laquan McDonald Case: Source

11/21/15 Jesse Jackson Speaks Out on Laquan McDonald

11/20/15 Attorney: Cop Accused in Teen's Fatal Shooting 'Scared to Death'

11/19/15 Judge Orders Release of Video Showing Teen's Shooting Death

11/18/15 Ill. Attorney General Asks Chicago to Release Shooting Video

11/14/15 Emanuel: Hold Release of Video of Shooting

11/13/15 Chicago Police Dashboard Cameras Questioned in Death of Teen Shot by Cop

October, 2015

10/28/15 Judge to Rule on Video Showing Officer Fatally Shooting Teen

July, 2015

7/16/15 Audio Missing on Video of Teen Shot by Cops: Attys

7/9/15 City Emails Refer to Complications in Police Version of How Teen Was Shot

7/2/15 Six Chicago Officer Named in Settlement Agreement

May, 2015

5/27/15 Missing Minutes From Security Video Raises Question

5/12/15 CPD Failed to Properly Probe Death of Teen Shot by Cop: Suit

4/15/15 Chicago Council Approves $5M Settlement in Police Shooting

4/14/15 Feds Probe Death of Teen Shot 16 Times by Cop

October, 2014

10/21/14 Teen Shot, Killed by Police Officer on Chicago's Southwest Side 

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