Former Chicago police officer Jason Van Dyke is set to appear in court Wednesday for the first time since his convictions for killing Laquan McDonald.
A judge is set to schedule a sentencing date for the officer.
This comes as the trial approaches for three fellow officers charged with trying to cover up key details in McDonald’s death.
“If there is a case where an indictment should be dismissed, this is the case,” said defense attorney Jim McKay.
On Tuesday, van dyke’s shooting of Laquan McDonald was at the center of another case.
“This whole indictment is a sham, based not on evidence, but on politics,” McKay said.
The three officers are asking that their conspiracy and obstruction of justice charges be tossed out. Detective David March, and officers Joseph Walsh and Thomas Gaffney claim there’s no proof they covered up for Van Dyke after the shooting.
“If a few lines in a police report don’t match up with somebody's version of an event on a video cramer, from a fixed position, it must be a crime? That is not the case,” McKay said.
Van dyke was convicted earlier this month of second-degree murder and aggravated battery for shooting Laquan McDonald 16 times without justification. He's serving his time in a jail near the Quad Cities.
Prosecutors insist the three officers collaborated on their stories, for example, by claiming that three police officers were assaulted by McDonald before he was shot.
“No officer was battered. they just all happened to pluck the number three out of thin air? They had identical false statements,” said prosecutor Ron Safer.
Prosecutors say this is a simple case of police officers filing false police reports, which is a crime.
“The evidence is overwhelming, and it has nothing to do with politics,” Safer said.
The judge says she'll rule on the motion to dismiss on Monday.