March 18--The judge overseeing the trial of a Chicago police officer charged with killing Laquan McDonald will decide whether a special prosecutor should be assigned to the case, the presiding judge of the Cook County Criminal Division ruled Friday.
In a victory for the state's attorney's office, Presiding Judge LeRoy Martin Jr. ruled that the judge supervising the trial of Chicago police Officer Jason Van Dyke should make that decision, not himself.
Lawyers pushing for the special prosecutor had argued that the trial judge, Vincent Gaughan, didn't have jurisdiction to name an outside prosecutor to review the conduct of other officers in the October 2014 shooting and consider charges. They contended only Martin held that authority.
But prosecutors said it made no sense to have different judges overseeing issues that all stem from Van Dyke's prosecution.
On Friday, Martin agreed, saying, "It is prudent that the matter be consolidated" before Gaughan.
In seeking a special prosecutor, lawyers from Northwestern University, University of Chicago and the People's Law Office accused State's Attorney Anita Alvarez of having a cozy relationship with the Chicago police union, creating a conflict of interest that should disqualify her from prosecuting Van Dyke.
The court-ordered release in November of a disturbing video showing Van Dyke shoot McDonald 16 times as he walked away from police has roiled the city, leading to weeks of street protests, calls for Mayor Rahm Emanuel's resignation and the launch of a U.S. Justice Department investigation of the Police Department.
Van Dyke has pleaded not guilty to first-degree murder charges, saying he feared for his life. McDonald, 17, was holding a knife with a 3-inch blade and had PCP in his system.
lbowean@tribpub.com
