Exempts to Testify?
- The Chicago Police deputy chief who was in charge of the scene of the Laquan McDonald shooting, and the detective who led the initial investigation will testify in court later this month about statements they took from Officer Jason Van Dyke.
At a hearing Friday, Cook County Judge Vincent Gaughan said he wanted to hear from former Deputy Chief David McNaughton and Det. David March about their conversations with Van Dyke the night of the shooting.
At issue is whether his statements to the two officers the night of the fatal shooting can be used as special prosecutor Joseph McMahon builds his case against Van Dyke, [...]
While those statements were among the dozens of pages of reports released to the public by the Independent Police Review Authority more than a year ago, lawyers for Van Dyke have argued that they can’t be used as evidence to bring charges against him, or that prosecutors should even be allowed to review them.
Garrity Rules - compelled statements are inadmissible for criminal prosecution. Gaughn is treading in dangerous territory here, and he's splitting hairs yesterday afternoon:
- Special prosecutors can view statements given by five Chicago police officers who were on the scene when Laquan McDonald was fatally shot by Officer Jason Van Dyke, a Cook County judge ruled Friday.
Judge Vincent Gaughan also decided that the special prosecutors can look at the written reports authored by Van Dyke just after the 2014 shooting.
Gaughan's ruling applied only to what the special prosecutor's team can use for their investigation of the high-profile case, not to what may be presented as evidence at a trial.
At issue were statements that Van Dyke and other officers were required to give to the Independent Police Review Authority, which investigates allegations of officer misconduct, shortly after Van Dyke shot McDonald 16 times. Under a decades-old legal standard, statements that government employees are forced to give under threat of being fired cannot be used in criminal proceedings against them.
When this trial ever goes forward, it's going to be an absolute circus with numerous grounds for appeal, mistrial and god knows what else occurring daily.
Labels: general
posted by SCC at 12:04 AM
53 Comments:
Statements won't change least they trick bag themselves.
"WAAAAHHHH!
you mean, racist Cops have TOO MANY PROTECTIONS
cooked into your union contracts! How dare you
try to protect yourselves from the peoples an'
folkses justice!"
What was that hater Lori Lightfoot working
her dentures about?
"Police Reform needs to happen hard, fast
and right now..."
Meanwhile... It surely isn't The Police
keeping Chicago's ambulance crews and
hospitals busy.
Dave, you were an excellent Detective; not a single reporter or politician can ever take that away from you.
We who know you, know your history and your entire record.
The new social environment IS going to write you out and condemn you, but you must remember that their order is false, and political.
Send each and every exempt down the drain where they belong, because that's exactly what they did to you, and are going to do it to you, again.
Stay strong, and remember everything.
"Exempts to Testify?"
PLEASE put these inarticulate,
intellectually disinterested,
morally bankrupt, ethically
bereft cretins in the witness
box.
It would be the spectacle of the ages.
It would do the rank and file some good
to see some of these self-interested
turncoats coming to administrative and/or
judicial peril.
Share the bitter cup with us, you bastards.
The protection of your clout and privilege
is slowly being burned off on re-entry.
...Let us know when we can put the
Jiffy-Pop on.
SCC Can you guys here explain something to me all about this shooting. P.O' and a sgt were fired regarding this circus. How is it Fat Ed, Escalante on down, chiefs, and Dep Chief just were allowed to just retire and get a massive pension when they approved and signed off on this incident. Should they also been fired like the poor P.O' at the scene ? That should all be reviewed and those exempts should of never seen a pension. I just cannot get it. They were alleged to retire under investigation and still got their retirement star !
Escalante get the new gig at a 3 rd world 10 copper' IL college and is picking up another 175 K.
I have never seen anything like this in my 35 yoj, Copper' never went to jail other for the thief' that were hitting the city' dope dealer's of cash and their dope. The FBI guys took their asses down.
Also, how can this idiot just strip good working copper' for shit, like that tac guy that saved his partner from getting choked out.
Daley and Jody would of never let this shit happen to copper'. Richie was a schmuck and copper' were never indicted for shit, unless it was blunt corruption or beating a dog down on video. I do remember, Jody did send the good copper away federally. Never id a copper take a firing for slapping a mutt or shooting an armed offender.
I hope the U.S attorney General is looking at this case and seeing Rahm did a wholesale fucking of minions while the clouted took a nice hike,
This inspector general is useless and sleeps with the hall.
I am getting old, and this is all fiction what that J.O midget does to coppers. Making the village idiot Supt, was the joke of the nation, him speaking to other big city chief' had to be a trip.
Rahm is truly an evil man and soul less. I pity his never seen wife having to reside with him.....maybe !!!! She could of split with the kids and no one would know. They are never seen .
Thank you dear SCC for keeping us elders sane. You are a true gift to all real CPD people without a voice, minus the cheaters and hater exempts.
I hope he has a good attorney because he needs one.
He will need to win this trial on appeal, and his attorney needs to object to everything every day.
Chances are La Kimesha has never heard of the Garrity Rule and once made aware of it, she will disregard it just like she does State Law. Judge Gaughn has no excuse and should not be intimidated by bowel movements matter.
Retired .38 spl +P
I recall when McNaughton took over for Chief (I'll quit before I get fired)Robert Tracy,McNaughton thought "compstat" was "for real",What a tool....
I'd be more interested in learning how the mayor kept the video hidden so as not to spoil his chances for re-election. Let everyone see how nothing else matters to a liberal democrat than getting re-elected.
J.J.
This is all because a teenager had a serious listening problem.
Now, kees me you fool!!!!
They will take the fifth Special ed will be on the Medical then retire and also that the fifth case closed
Gaughan knows exactly what he's doing.
What's that hack Don O'Kneel doing beside drawing his gold braid pension?
New statment at shootings " I am taking the fifth" but you will be fired. You are going to fire me anyway so "I am taking the fifth" to protect myself!
The witch hunt continues to get more ridiculous by the day.
All designed to skirt the law and placate and appease "the community".
This trial needs to coincede with Rahm's ruthless bid for a 3rd Mayoral term.
Hopefully, the 'real' facts about when Rahm know what & when will be revealed to the skeptical voting public...
Anonymous Anonymous said...
"WAAAAHHHH!
you mean, racist Cops have TOO MANY PROTECTIONS
cooked into your union contracts! How dare you
try to protect yourselves from the peoples an'
folkses justice!"
What was that hater Lori Lightfoot working
her dentures about?
"Police Reform needs to happen hard, fast
and right now..."
Meanwhile... It surely isn't The Police
keeping Chicago's ambulance crews and
hospitals busy.
6/03/2017 12:15:00 AM
The majority of the ambulance runs are to "the community" and they don't pay the $1K ambulance fee either...... it's the schmucks in the "quieter" taxpayimg areas that get stuck paying that.
They wouldn't be placing appeal worthy bookmarks on purpose would they? You know, to create a situation where deals can be made across the board so that "if you don't get nailed neither will we" kind of thing coughcough paytoplay coughcough paytoplay.
Media wants to lay it all on Chicago Police, rather then what it was, a bad decision by one guy, on one day, regarding a bad situation, especially avoiding the actual nefarious intent by the real criminal in all this, Rahm, who literally hid it for election purposes.
So the table is being set like this; either Rahm walks or the CPD gets bent over,,and the dance is playing out right here with this trial. The funniest thing is that the Chicago Machine and its operators think nobody sees it, as they busy themselves with local diversions like voting to impeach Trump.
I pray for each CPD officer each shift of each day because this dangerous game being played is going to translate into some taking pot shots at officers along the way, and lives will be lost before this is over.
Stay safe, all of you. You need all the luck and prayers you can get while Rahm plays his politics trying to escape what he did.
Anonymous Anonymous said...
I recall when McNaughton took over for Chief (I'll quit before I get fired)Robert Tracy,McNaughton thought "compstat" was "for real",What a tool....
Funny how everyone criticized McCarthy for comstat but it's still going on. Nothing changed with comstat but no more criticism since Johnson took over
Let's see, the prosecution gets to release evidence (dash camera footage) and it get plastered all over the media for over two years and they still don't have a case?
They may as well give the entire case file to the SunTimes to review.
That whole "shot 16 times" media narrative is false and the next sensational headline will be what...police are hiding the real reports?
Or is this their last effort in that are they're hoping to trip somebody up with a scribbled GPR or cryptic scene diagram that's not to scale?
That's the FoxxxWinkle Effect digging deep for a long shot chance at a win.
Who's running the shitshow, Foxx-IPRACLU or the Court?
Gaughan should know better.
Stop the street stops and dont use the blue lights already.
Everyone is talking about police reform! What is needed first and foremost is political reform!
I hope the U.S attorney General is looking at this case and seeing Rahm did a wholesale fucking of minions while the clouted took a nice hike.....
Where have you been? US AG wont waste time and resources on this state. State AG wont touch anything aside from consumer fraud cases. We are on our own.
Pathetic we can't even get thousand Officers to donate a dollar a week to fired Officers of a political witch hunt. I remember when we used to take care of each other. McDonald should have listened to Officer's commands to drop the knife he was high on PCP imagine what would have happened if Laquan got a hold of the women Officers on scene? His family didn't even care about him but show up for the settlement.
Keesing bandit I try to kiss you but you always reject me :(
McNaughton is a real moron. He will just lie!
I can't wait until those signed off in this as a good shooting are called to testify.
Anonymous said...
I'd be more interested in learning how the mayor kept the video hidden so as not to spoil his chances for re-election. Let everyone see how nothing else matters to a liberal democrat than getting re-elected.
J.J.
6/03/2017 07:08:00 AM
The media doesn't want to know that!
It'll spoil their chances of being invited to future press conferences.
Its about time McNaughton speaks up. He said the shooting was justified. Instead of being a stand up guy and sticking around backing his decision and his officers decisions he ran away and retired. When was the last time you heard him say anything? Never!
"This is all because a teenager had a serious listening problem.
Now, kees me you fool!!!!"
Because emptying an entire mag into him was justified.
You're part of the problem, not the solution.
This is why when police officers are involved in a shooting, they should immediately go to the hospital and refuse to state anything until they have been seen by a doctor. Police officers can also not remember what happened in the incident and state that if and when they recall, they will make a statement. We have to protect ourselves since the 5th amendment does not apply to officers in this city and county!!!
they wot testify, the statements were compelled. they are exempt....
Bigger ? is where is all the black caucus clowns demanding hearings on why the video was covered up and by who???? thats right thats what i thought.
Why was Dave working a double?
Anonymous said...
Dave, you were an excellent Detective; not a single reporter or politician can ever take that away from you.
We who know you, know your history and your entire record.
The new social environment IS going to write you out and condemn you, but you must remember that their order is false, and political.
Send each and every exempt down the drain where they belong, because that's exactly what they did to you, and are going to do it to you, again.
Stay strong, and remember everything.
6/03/2017 12:57:00 AM
Just throw yourself on the mercy of the court and tell them that you were under the direct supervision of Area North Det Lt. Denis Walsh, it seems to work for everyone else...
The leadership of CPD is a fucking joke. And Rahm and the 50 thieves and the ACLU and Foxxxy and Dart and Bullpreckwinkle are the biggest assholes going. Right out of a Tom Wolfe novel. Time to toss the revrund-beholden incompetent goldstars and the demotion of their whore lieutenant girlfriends. Absolute sickening fucking disgrace and nightmare. Is anyone gonna put a stop to this and bring back the CHICAGO POLICE? Everone knows u sat on the tape and paid LacQuan's family $5million hush money, Rahm. It's called obstructing justice Rahm, and u are guilty. You should have been indicted by a grand jury. Instead you're ruining everyone else's lives in your vain attempt to remain mayor of a sinking ship of a city...unreal.
never knew casey jones,but I know a little about "railroading
Dirt bag was fleeing with a deadly weapon and by state law Van Dyke was justified in the use of deadly force. get ready for the riots
12:57 A.M. You are exactly right. Dave was an excellent Dick. It's a shame that politics has done this to him. Hold your head up high Dave and hang in there. You're a good man.
Retired A/4
This is all because a teenager had a serious listening problem.
Now, kees me you fool!!!!"
Because emptying an entire mag into him was justified.
You're part of the problem, not the solution.
6/03/2017 03:00:00 PM
Signed a house mouse who has NEVER dealt with anybody hopped up on PCP. You're an idiot and part of the real problem you tool.
I can't wait until those signed off in this as a good shooting are called to testify.
6/03/2017 01:52:00 PM
I agree. I cannot wait.
Anonymous Anonymous said...
Everyone is talking about police reform! What is needed first and foremost is political reform!
6/03/2017 12:29:00 PM
Truer words have not been spoken!
Anonymous Anonymous said...
Everyone is talking about police reform! What is needed first and foremost is political reform!
6/03/2017 12:29:00 PM
Very true.
Here in Chicago Rahm pretty much controls the media so they'll continue with their anti police agenda.
Rahm doesn't want the media to talk about political reform........ only "the police are the problem and must be reformed"
Anonymous Anonymous said...
This is why when police officers are involved in a shooting, they should immediately go to the hospital and refuse to state anything until they have been seen by a doctor. Police officers can also not remember what happened in the incident and state that if and when they recall, they will make a statement. We have to protect ourselves since the 5th amendment does not apply to officers in this city and county!!!
6/03/2017 03:15:00 PM
If you get caught up in something like this a political hot potato commit yourself to a mental institution and tell them about all the messed up crazy sick shit you witnessed working as an Police Officer then apply for disability. Only way to save yourself from possible jail time. Van Dyke is going to jail they will keep charging him refiling until they get some kind of conviction.
Look what they did to Michael Slager even though Walter Scott fought with Slager and took his taser used it against him you have no right to resist arrest Slager was within his lawful authority to shoot Scott in the back as he ran away. I hope Trump pardons Slager when he leaves office. God Bless them both.
http://www.nbcnews.com/storyline/walter-scott-shooting/michael-slager-ex-cop-who-shot-walter-scott-plead-guilty-n753786
Perhaps you are right that the Van Dyke trial will be overturned on appeal.
But that won't be for YEARS. 10? MAYBE 20?
In the meanwhile how many ruined lives, careers and families are left in the wake?
While Rahm and the exempt staff ease on down the lazy river of gold braid pension.
Because emptying an entire mag into him was justified.
You're part of the problem, not the solution.
6/03/2017 03:00:00 PM
When and where did this evidence come from? Did rahm tell you that? Are these experts going to testify at the trial?
Well...when they start rioting I hope it starts at Rahm's house and then ends there. This is not on Van Dyke, Rahm owns this lock stock and barrel. But if they feel they need to express their discontent with the law then they should also let each and every alderperson know by moving their protesting to the alderpersons humble abodes. After all, we are no longer seen as responsible adults, sworn to uphold the law. We are seen as the lowest form of scumbags, willing to shoot anyone of color who looks at us the wrong way. That's why we need babysitters now. We need to tell everyone and everything we do, on and off duty. We are the politicos whipping boys. We need to be told how to act, when to act, when to shit and when to shut up. We must apologize for actually doing our jobs. We have to answer to uneducated people who kill each other without remorse or condemnation. Time to batten down the hatches. Get your survival gear together and watch the show. Rahm sold this city to the shitheads for votes. They own it now, let em tear it apart. Rahm will take his millions and leave for greener pastures, but not all of us can. Hope there is a special place waiting for him. He fucked an entire city for votes.
I hope this Laquan McDonald Case blows up in all of the Exempt's faces who were involved and signed off on the case reports. Anyone who was fired because of this shooting should be preparing a lawsuit against the Department and the Exempt members involved.
Split kit I have no wife or children they would never find me!
If the Def Atty has any brains...throw the first Exempt on the Stand a softball question for the first one....
Get them on the record.
Then hit them with the "did you sign off on this as a Justified shooting at the first meeting? And why isn't is a justified shooting now?"
Then throw out the "when did the mayor get informed and shown the video...before or after the election?"
They plead the 5th on questions 2 and 3 and you will get an acquittal or a hung jury.
This trial is a publicized, political witch-hunt. This judge allowed the so-called special prosecutor to charge JVD with 16 counts of aggravated battery. They are writing their own laws. Does a domestic batterer get charged with every punch? Or does someone get charged with every stab wound they cause? How is this allowed to even happen?
Anonymous said...
Its about time McNaughton speaks up. He said the shooting was justified. Instead of being a stand up guy and sticking around backing his decision and his officers decisions he ran away and retired. When was the last time you heard him say anything? Never!
6/03/2017 02:51:00 PM
I'm sure McNaughton would have loved to have stayed around and defended his decision. He wasn't 55 yet and didn't have 29 years on. If you think it was "his decision" to retire without medical insurance for his family or a full pension, you're a fucking idiot. Do you think it was a coincidence that Gene Roy and a few others involved in the McDonald case "retired" at about the same time? City Hall wanted anyone involved in the decision making in this case gone. McNaughton simply did what deputy chiefs in charge of police shooting scenes always do; they make a preliminary decision the day/night of the shooting based on facts available at the time, not the facts that come out days or weeks later. Whether you liked McNaughton or not, he's the real fall guy here. And probably the most legit of all those guys up the chain.
They have no shame and take no blame. Nothing will happen to them.
This was classified a "good shooting" by EVERYONE- Detective on up. The family which appeared out of no where since the deceased was a ward of the state, were paid handsomely. The mayoral election was the next month, oh no, the video of the "good shooting" cannot be shown, we might have a new mayor if it was. This is all on HIM, the weasel that he is. The patrolmen and sgt from 8 got screwed as did the detective and sgt from the area. Cant speak for the ones from 8 but the ones from the area are the ones you would want if shit was hitting the fan. They would help you and not hurt you; reporting and investigating would be done right no BS involved. For someone to be asked to leave for doing THEIR job the correct way is hell to live with and I pray that when all this bullshit is over they will walk with heads held high and sue the crap out of anyone and everyone who cost them their morals; dignity and job they loved. This is on you Mr Mayor - how do you sleep at night????????????
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