(CHICAGO) Cook County State’s Attorney Anita Alvarez, in a reversal of her previous position, recused herself Thursday from the prosecution of Chicago Police Officer Jason Van Dyke, charged in the Laquan McDonald murder, and asked that a special prosecutor be appointed.
Cook County Judge Vincent Gaughan said he would address the issue on June 2, the Chicago Sun-Times is reporting.
That news came at the latest hearing in the Van Dyke case.
Van Dyke also was in court to ask to be excused form future routine status hearings in the murder case.
His attorney had made the request last month, citing threats the Chicago Police officer has received when arriving at and leaving the Leighton Criminal Courthouse.
Van Dyke has had people flash gang signs at him, spew out racial slurs such as “white devil” and has had protesters blast the sounds of sirens so close to him, it makes it hard for him to hear those who accompany him to court, according to a four-page motion filed by defense attorney Daniel Herbert.
At Thursday’s hearing, Gaughan said a “security plan is in place” and he thanked Cook County Sheriff Tom Dart in that regard.
Prosecutors argued that McDonald should continue to come to court, saying that the boisterous protests that used to accompany every Van Dyke appearance have died down.
Herbert’s motion also claims that the media is as intimidating as the activists and passersby are to Van Dyke, who is accused of shooting teenager Laquan McDonald 16 times in 2014.
Journalists have joined others in blocking 37-year-old Van Dyke’s entry to the courthouse, “grabbing at him and attempting to pull him into large crowds,” according to the motion, which was presented to Cook County Judge Vincent Gaughan on Wednesday.
Once a cameraman blocked Van Dyke’s father from going into a revolving door and shoved him, the motion said. Another time, Van Dyke’s father almost “lost his balance” and fell when members of media allegedly shoved and grabbed him.
Van Dyke’s supporters have also been hit by equipment wielded by the press, according to the motion, which says that the officer’s “personal safety has been jeopardized.” On the last court date in January, a supporter of Van Dyke’s had to be hospitalized because of an injury to the head, the motion said.
“We’re still amazed at the appetite and the venom towards my client,” Herbert told reporters last month.
“He remains public enemy No. 1.”
Of those who see Van Dyke as a pariah was an individual who allegedly shouted out to the officer, “I am going to kill you, I am going to f— you up. I hope you get raped or killed in prison. You are a racist.”
Van Dyke’s father was “physically battered” during a previous courthouse visit, Herbert said.
The older man’s truck was also damaged by a protester, and Van Dyke and others with him were spit on and chased by other motorists as they attempted to drive off, the motion said.
“We’re still amazed at the appetite and the venom towards my client,” Herbert told reporters last month.
“He remains public enemy No. 1.”
Of those who see Van Dyke as a pariah was an individual who allegedly shouted out to the officer, “I am going to kill you, I am going to f— you up. I hope you get raped or killed in prison. You are a racist.”
Van Dyke’s father was “physically battered” during a previous courthouse visit, Herbert said.
The older man’s truck was also damaged by a protester, and Van Dyke and others with him were spit on and chased by other motorists as they attempted to drive off, the motion said.
Herbert said he is perplexed at the “selective outrage” against Van Dyke. Politicians don’t appear to have the same rage for alleged cop killers and the accused gunman of 9-year-old Tyshawn Lee, the defense attorney said.
