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."
"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.
Chip Somodevilla/Getty Images
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
March, 2016
February, 2016
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'
12/17/15 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
12/11/15 '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