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UPDATES: Van Dyke's partner also reportedly | Application for transfer of lawsuit outside Chicago denied | Four counts of murder | Court in session
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10h13: Van Dyke's partner also reportedly shot
Judge Vincent Gaughan heard several last-minute motions before the jurors returned to the courtroom, denying the defense's request that prosecutors be prohibited from mentioning that Jason Van Dyke was about to reload his weapon immediately after the shot.
The judge also rejected Herbert's request to prohibit prosecutors from noting that other officers present at the scene were not firing their weapons.
In denying this request, Herbert revealed that Van Dyke's partner Joseph Walsh, on the night of the shooting, said he was also going to shoot Laquan McDonald but that Van Dyke was in his line of fire.
Opening statements must begin in front of the jury after a break.
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9:58 AM Proposal to Move Trial Outside Chicago Is Rejected
Gaughan rejected the defense's bid to move the trial out of Cook County because of what he said was a cover of damaging information that made it impossible to select a fair jury. Several of the selected jurors indicated that they believed that Van Dyke was guilty, said Herbert, and only said that they could be fair and impartial in the selection of the jury because they thought that was what the judge and the lawyers wanted to hear.
"The state was able to convince jurors to respond with magic:" I can be fair and impartial, "he said. "These jurors gave this answer that I would suggest … this is not the true answer." Prosecutors noted that Cook County residents were entitled to a public trial, unless there was evidence of injustice, which led Herbert to compare them to the Pontius Pilate.
"Sacrificing people against the angry crowd is essentially what they want," he said. "I can not believe we're even discussing this. It's so obvious. Gaughan again expressed confidence in the jury selection process to eliminate the unfair panelists. "They are under oath, you know," he said. "I believe these people. I have had experience with high profile business.
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9:37 am: Four counts of murder
After the brief closed meeting, prosecutors formally dropped four counts of first degree murder before continuing their trial. Van Dyke still faces two counts of first degree murder, 16 aggravated battery charges and a malpractice charge. Van Dyke's principal lawyer, Daniel Herbert, asked the jury not to enter the courtroom and asked that the entire panel be dismissed.
"I think it's impossible for a juror to be fair and impartial in this case given the incendiary and negative publicity as well as, significantly, the threats of violence that these jurors will recognize as safe." they vote not guilty in this case. huge, huge burden for the defense, "he said. Gaughan rejected the claim, saying that a fair jury had been selected.
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9:20 am: Court in session
The court was called to sit in the Van Dyke trial, a sheriff's deputy having read a long list of instructions to observers in the courtroom – no conversation, no phone use, no Van Dyke – before the jury is sworn.
Van Dyke is sitting quietly at the defense table next to his lawyers. Two rows were reserved for his supporters, including his father and his wife. Two more rows are reserved for spectators on the prosecution side, including Grand Uncle McDonald, Reverend Marvin Hunter.
The rest of the gallery's seats are reserved for journalists and spectators. Despite the keen interest in the case, only about 20 members of the public entered the courtroom before the doors were closed around 9 am, and many benches remained largely empty.
Gaughan instructed the jurors on some basic principles of the court process, and then quickly called the lawyers back for an in camera meeting in his office.
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MORE: Laquan McDonald's hectic life and ephemeral potential | Meet the jury, the judge and the lawyers | How the shoot went? | Lawyers competing in the lawsuit are surprisingly different in style | Van Dyke expresses for the first time since filming | Judge Known for his Intelligence, Lively Tongue and Secret Style | Video of the shoot | Complete cover of Tribune
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