Attorneys for Jason Van Dyke file second motion to dismiss charges

SUN-TIMES MEDIA WIRE - Attorneys for Jason Van Dyke on Friday filed a second motion seeking to dismiss murder charges against the Chicago Police officer in the 2014 fatal shooting of Laquan McDonald.

Defense attorneys had already filed a three-page motion last month seeking to dismiss the indictment, arguing that statements Van Dyke made to investigators were improperly used against him.

The new motion focuses on a “whole different set of irregularities, dealing specifically with the grand jury,” Daniel Herbert told Judge Vincent Gaughan.

Herbert went on to say that the grand jury “hastily” indicted his client based on false information, including allegations the 17-year-old McDonald was first shot in the back, and that video and audio from the dashboard-mounted camera was tampered with.

Prosecutors “misinformed the grand jury,” Herbert said.

The defense attorney also said that as soon as then-State’s Attorney Anita Alvarez was told video of the incident would be released in late 2015, “there was a rush to sacrifice Jason Van Dyke to the angry mob out there.”

Herbert called the October 2014 shooting, in which McDonald was shot 16 times, “justified.”

Gaughan did not rule on either motion to dismiss. But he said any arguments dealing with them would be done in open court.

Herbert on Friday also said he has asked the Cook County state’s attorney’s office to provide emails from the three or four assistant state’s attorneys involved in the case before the 38-year-old Van Dyke was indicted.

Van Dyke is expected back in court on March 23.