Venue Change Asked For
- A long-sealed motion by indicted Chicago police Officer Jason Van Dyke seeks to move his trial for the fatal shooting of Laquan McDonald outside Cook County, alleging that “extensive, inflammatory and sensational media coverage” has made a fair jury trial here impossible.
The motion, finally made public three months to the day after it was filed, also contended that public comments by Mayor Rahm Emanuel, then-State’s Attorney Anita Alvarez and other elected officials amounted to “the public execution of Jason Van Dyke.”
“It can be argued that there is no case in history that presents a more compelling example of the necessity for a change of place of trial,” the 31-page filing concluded.
The motion was filed March 28 by Daniel Herbert, Van Dyke’s lead lawyer, only to be quietly unsealed this week by Judge Vincent Gaughan, who has put extraordinary restrictions on the release of evidence and testimony in the high-profile case. It was made public Thursday.
This hearing won't take place before August according to the report, so a summer trial looks to be out. That's a good thing. And the way this thing has been used as a political football for so long, the chances of an actual venue change are better than average.
Labels: general
posted by SCC at 12:04 AM
39 Comments:
the community is calling for Van Dyke to be publicly executed
Not surprising. The people who actually show up for jury service in cook County would not give him a fair trial. Hell look at the LeGrier jury actions. Jeez. DuPage would be a fair jury.
public already convicted him, change would b great and fair for him, but does judge have the balls to do it??
"HOOWWLL! SCREECH! SCREAM!
Dat Cop is gonna escape da peoples
an' folkses justice if'n he ain't
tried an' convicted at 26th Street!"
I have been saying it for a long time, I truly believe they are going to move the venue out of Cook County. There’s many issues that work in favor of the defense but none more important then politics. None of the politicians want this potentially explosive trial anywhere near Cook County.
Van Dyke did nothing wrong Laquan was high on PCP refused to drop the knife not guilty!!!!
Bench trial bet on it
IMHO if I were his attorneys, I would change the veneue to central or southern Illinois. The citizens are generally pro-law enforcement, despise BLM bullshit and Chicago politics.
At least the riots won't happen in the summer!
He was mis charged. Case dismissed
But the politicians will scream, yell and shout if he is found not guilty.
Not Guilty
Wanna bet the trail will be delayed till after February 26, 2019!
I bet a finding of not guilty would promote Urban Renewal. Maybe not such a bad thing as long as the cops don't get in the way and get hurt.
Da community is gonna be real mad if they don't get to be on the hanging jury.
Either a bench trial and/or a venue change ain't gonna make happy campers.
Oh well. It's called justice.
Looks like Rahms hope to have this a memory by election day isn't happening.
apparently judge gaughn tipped his hand that he will deny the motion for change of venue. in reviewing proposed jury instructions he said one was unnecessary because only cook county jurors will be hearing the evidence. defense has not been allowed to present arguments and he has decided
No Shit.........
At least dupage county minimum, Sangamon county in Springfield, is truly in favor of law and order! Change the venue!!
It seems to me that moving the trial is a minor issue. It is one less thing that the defense can claim later on gave them an unfair trial. better to get rid of that issue now rather than have to deal with it later.
Have to agree with the defense on this one. If there ever was a case that deserved to be transferred this is it
It’s a case like this that change of venue was written into the law
I say move it out of this already convicted shithole county. Get on I-57 and go south, when you see a giant cross at exit 159 start looking for a courthouse around there then maybe he can get a fair and impartial trial! That or maybe Texas!
another organ donor unplugged via heyjackass.
bringing last weekends nayhem to four.
yea, those lives really matter.
There should be absolutely no problem who won would want to judge from crook county or any of these fucked up jurors to make a decision in the life of a police officer who did his job? Again if Eddie and the rest of the week cowardly exempt structure what of went with their first opinion which was good shoot great job you officer protected his life and the lives of many others we would’ve not been in the situation today
It takes a real leader to stand up and disregard politics this is a total political lynching everyone can see that even the judge knows what it is he may be too scared to make the right decision and the right call so many are indebted To the democratic party for making them judge for giving them these positions.
A change of venue was granted to Richard Speck,so the barrier isn't that great.
Venue Change:
Shit...
Anywhere south of I-70...
Hell you don't even need a change of venue.
Just send it to Rolling Meadows and the suburban jury from Palatine, Hoffman Estates, Inverness, South Barrington, etc. will find him not guilty after a fair trial.
Change of venue happened to lead up to the LA Riots back in 92... the city rather Van Dyke hangs from his balls, plus ram will benefit via votes if it happens before the election
I was at a COPA meeting at Wright College and there was a union stooge from U of I that was called first to speak by Alderman John Arena. The union dolt started foaming at the mouth and repeatedly called Officer Van Dyke a murderer. This meeting was attended by the head of COPA, Alderman Ariel Reboyras and several other aldermen. It's my understanding that this goof has also attended other meetings around the city in regard to COPA.
No presumption of innocence, full trial by media. Officer Van Dyke should get a change of venue due to the prejudicial reporting, comments by elected officials and commentary allowed at these COPA meetings. There is a reason that this bullhorn was picked to speak first by Alderman John Arena, who as you well know turned in CPD members who were against a controversial project in the 45th Ward.
The officer should be afforded his due process rights under the Constitution. There is no way he can get a fair trial in Cook County with the media circus and activists.
Will the Department cancel RDO's and put everyone in uniform for the trial.. Asking for a friend since he likes wearing jeans to work
Judge Gaughn has been told by rahm to knock off the grandstanding and let the case languish until after the chicago elections. It was obvious during this weeks court hearing that Judge Gaughn has gotten the message and is going to follow rahms orders. I did not think that a judge would be intimidated by rahm to such a degree. Very sad.
Anonymous Anonymous said...
Have to agree with the defense on this one. If there ever was a case that deserved to be transferred this is it
It’s a case like this that change of venue was written into the law
6/29/2018 11:25:00 AM
This will be a bench trial and the defense knows it, but that dont stop them from spending FOP’s (and our) money on frivolous and very expensive “polls” and “experts”.
He will beat the case in a bench trial
Van Dyke did nothing wrong Laquan was high on PCP refused to drop the knife not guilty!!!!
I don’t disputed the drugs or failing to drop the knife, I do however can not understand 16 shots. I wish Officer Van Dyke good luck, and give sympathy to all the he other officers within the department who will pay for his actions.
This will be a bench trial and the defense knows it, but that dont stop them from spending FOP’s (and our) money on frivolous and very expensive “polls” and “experts”.
6/30/2018 09:06:00 AM
Only a foolish lawyer goes into court without a strategy and a fully-stocked toolbox ready to be used for every perceptible maneuver that could be made by the opposition.
Do you know what they call a foolish lawyer's client?..........GUILTY!
Sorry, but I have to think he will get convicted at either venue. The video is just damning.
I volunteer to be on that jury
Whether right or wrong in his actions, Van Dyke has the right to a change in venue, due to the prejudicial atmosphere of the city of Chicago in the Chicagoland news media
Van Dyke did nothing wrong Laquan was high on PCP refused to drop the knife not guilty!!!!
I don’t disputed the drugs or failing to drop the knife, I do however can not understand 16 shots. I wish Officer Van Dyke good luck, and give sympathy to all the he other officers within the department who will pay for his actions.
6/30/2018 03:55:00 PM
There have been quite a few police officers who’s lives have changed and not for the good and several others who’s careers have ended because of this case.
Everyone saying Van Dyke did “nothing wrong” doesn’t know the whole story. Is that use of force justified? Sure. Did he go about it the right way? You better know the whole story before you get on the exoneration bandwagon. Remember, the department can find out where you drive from, who you were on the phone with, and what you were saying - all to show whether your actions were premeditated or simply a use of force response. Don’t back a goof that might embarrass your department and you just because you wear the same color uniform.
Back cops like Rialmo. Everyone else, you better know the whole story before you decide.
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