The prosecutor in charge of the high-profile murder case against a Chicago police officer for the shooting death of 17-year-old Laquan McDonald asked a judge Thursday to allow her to recuse herself and instead appoint a special prosecutor.
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Defense Attorney Daniel Herbert had previously filed a motion for Van Dyke to be excused from attending routine hearings, to avoid the threats and angry protesters that greet him any time he is scheduled to be at the Cook County courthouse.
In January, protesters pushed and surrounded the officer as he entered the Leighton Criminal Court Building to face a judge, chanting “16 shots” and screaming “murderer!”
Alvarez’s court-filed motion said, in part, “Nevertheless, because the primary goal of State’s Attorney Alvarez is, and always has been, to obtain justice for Laquan McDonald, and to ensure continuity in the handling for this important and complicated case, State’s Attorney Alvarez has elected to recuse herself and her assistants from this matter”.
Alvarez also asked for a special prosecutor in the murder case against Chicago Police Officer Jason Van Dyke.
She said there is no conflict of interest involved, but at least two requests from the public have asked her to step down from the case.
Gaughan did not provide any details on the security plan, and held off ruling on Van Dyke’s request to be excused from routine status hearings, but thanked Cook County Sheriff Tom Dart for working out extra security measures when Van Dyke will be in court.
“Today I believe that I am fulfilling this obligation by requesting that the court turn this case over to a special prosecutor”. Alvarez, though, has defended the way her office handled the case, telling Chicago Magazine earlier this year that she would “not apologize for the meticulous, thorough investigation we did”.
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.
Jason Van Dyke has requested guard from sheriffs deputies as he enters and exits his court appearances…
Alvarez abruptly announced charges in November just hours before the court-ordered release of the video, which the city had fought.
Alvarez also noted the results of the recent Democratic primary for State’s Attorney, where she lost handedly to challenger Kim Foxx, played a role in the decision.
Van Dyke is free on $1.5 million bail as he awaits trial for first-degree murder in McDonald’s death.
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Van Dyke’s father was “physically battered” during a previous courthouse visit, Herbert said. However, at Van Dyke’s latest court showing in March, no protestors were present.
