Prosecutors charged officer Jason Van Dyke with first-degree murder after dashcam video footage showed the White officer firing 16 shots at the Black teen in 2014, sparking nationwide outrage when it was released under court order nearly a year later.
The defense team for Dyke claimed in a motion this week that prosecutors’ mishandling of statements by law enforcement officials prompts a dismissal of the criminal case, writes the news outlet:
The motion to dismiss filed by Van Dyke’s attorneys alleges prosecutors “illegally” used protected statements given by him and other officers to the Independent Police Review Authority and the city’s Office of Inspector General.
Van Dyke’s attorney, Daniel Herbert, alleged that prosecutors and an FBI agent presented those protected statements to the grand jury that indicted his client for first-degree murder…Herbert also argued that quotes from those statements had recently been leaked to the Chicago Tribune and that then-State’s Attorney Anita Alvarez shared details from the statements at news conferences.
Judge Vincent Gaughan held off on ruling on the issue Tuesday so the special prosecutor could respond in writing.
The prosecutor Joseph McMahon said he will answer the motion before an upcoming Feb. 3 court date, reports The New York Daily News.