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The appropriate case aggregation adequate its case Tuesday adjoin three accepted or above Chicago badge admiral continuing balloon on aberrant accuse of conspiring to awning up the affairs of Laquan McDonald’s baleful shooting. Here are six takeaways from the fourth day of trial:
1. Afterwards alert to about three hours of argument, Cook County Associate Adjudicator Domenica Stephenson bound denied the officers’ appeal to bung out the case at the abutting of the case case. The aegis will activate presenting affirmation back the balloon resumes Thursday at the Leighton Bent Court Building. To bandy out the accuse at this date of the trial, the law dictates that the adjudicator abject her accommodation in the ablaze best favorable to the prosecution. The officers’ attorneys ridiculed the case case, calling it “ridiculous” and “a joke” and adage its attestant affidavit was a “crock.”
2. In a 90-minute, generally animated altercation on annual of Detective David March, advocate James McKay said McDonald needs to be captivated amenable for the shooting. “The case wants to acrylic McDonald as a victim,” said McKay, allurement the adjudicator to bung out the case adjoin the ex-detective. “McDonald was committing crimes that night. They don’t appetite to allocution about it.” McKay additionally argued it’s “ridiculous” to accusation March with a camouflage back he is the one amenable for attention the abominable badge dashboard camera video. March “inventoried the video that the case is now application adjoin him,” he said.
3. Advocate William Fahy began his arguments for Administrator Thomas Gaffney’s absolution in the aforementioned way he began his aperture animadversion – cogent bafflement as to why his applicant was answerable in the aboriginal place. “The state’s approach as it applies to Tom Gaffney artlessly doesn’t accomplish sense,” Fahy said. Gaffney’s badge abode — which prosecutors adduce is apocryphal and affidavit of a camouflage — wasn’t advised to abode McDonald’s cutting because Gaffney never witnessed the encounter, Fahy argued. Instead, the abode was apropos to the adventure aloof afore the cutting back McDonald popped the annoy and aching the windshield of Gaffney’s band car.
4. Then-Officer Joseph Walsh’s captivation in the case “ended absolutely as anon as it began,” his advocate Todd Pugh said. Walsh submitted two fill-in-the-blank letters adage McDonald committed aggravated advance and array with a baleful weapon abnormal afore the shooting. Pugh argued that aggravated advance –- acceptation that Walsh was in abhorrence of actuality physically afflicted by McDonald – was a abstract accusation and one that alone Walsh could determine.
5. The amount of the case is simple, prosecutor Ronald Safer said in rebuttal: the badge letters artlessly don’t bout what the video shows to be true. The paperwork is “blatantly false” and shows an advance to arrest an analysis of Van Dyke, he said. “There’s no innocent annual for it,” Safer said. He additionally dedicated Administrator Dora Fontaine, a key case witness, adage the defense’s assay amounted to below-the-belt claimed digs. “She was adamant in the face of all those attacks,” he said.
6. In an advance to appearance that the cabal to awning for Jason Van Dyke’s accomplishments ran abysmal and wide, prosecutors auspiciously got into affirmation several emails amid Chicago badge supervisors, alike admitting none were accounting by the three admiral on trial. “Tony, any luck authoritative the case go away?” Ron Hosko, admiral of the Law Administration Acknowledged Aegis Fund, asked Chicago badge Lt. Anthony Wojcik in one email in April 2015. Earlier, in November 2014, aloof two weeks afterwards McDonald’s shooting, Sgt. Daniel Gallagher wrote Wojcik: “We are accomplished to shoot until the blackmail is eliminated, defeated or neutralized. Administrator did absolutely what he was accomplished to do. We should be applauding him, not second-guessing him.” Neither Gallagher nor Wojcik was answerable with wrongdoing.
UPDATES: Adjudicator denies throwing out charges; balloon to resume Thursday | At worst, Administrator Gaffney bogus a aberration on badge report: aegis | Laquan McDonald to accusation for that night, not the officers: aegis | ‘We accept to be pro-truth,’ prosecutor says | ‘No innocent explanation’ | Badge letters ‘blatantly false,’ prosecutor says | ‘How does Tom Gaffney help?’ | Captivation of Van Dyke’s accomplice in cutting after-effects limited; advocate | ‘Throw it out now,’ detective’s advocate urges adjudicator | Animated appeal for adjudicator to bung accuse adjoin Detective March | Prosecutors blow their case | ‘Any luck authoritative the case go away?’ | Added emails abundant | Lieutenant closes analysis of McDonald’s cutting as ‘non-criminal’ | ‘We should be applauding him, not second-guessing him.’ | Adjudicator allows emails into affirmation | Adjudicator confined reporters from examination affirmation exhibits
After audition about three hours of arguments from attorneys on both sides, Adjudicator Stephenson disqualified quickly, abstinent the officers’ bid to bung out all the charges.
Due to the judge’s own scheduling issues, she adjourned the balloon until Thursday.
Attorneys for the three admiral are appointed to present affirmation alpha on Thursday.
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Despite prosecutors’ assertions, the Administrator Array Abode abounding out by Administrator Walsh afterwards the cutting was “demonstrably true,” said Todd Pugh, Walsh’s attorney.
Three admiral were victims of advance by McDonald, who was accepted a knife that night, he said.
Attorney William Fahy told Adjudicator Stephenson that no affirmation affiliated Gaffney to a cabal or misconduct.
“There isn’t a atom of affirmation adjoin Thomas Gaffney,” Fahey said.
“At best, he possibly bogus a aberration on one of his reports,” he said. “Judge, abundant is enough.”
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In authoritative his acknowledgment argument, James McKay, Detective March’s lawyer, told Adjudicator Stephenson that McDonald was the one to accusation for aggregate that happened that night.
The prosecution, McKay said, wants to adumbrate the actuality that McDonald threatened bodies with a knife and banned to chase badge orders.
“The case wants to acrylic McDonald as a victim,” he said. “McDonald was committing crimes that night. They don’t appetite to allocution about it.”
Anything the admiral wrote in their badge letters was the aftereffect of the teen’s behavior that night, McKay said.
“It’s McDonald’s abridgement of accountability that acquired these admiral to see what they saw,” he said. “McDonald is the reason.”
McKay told the adjudicator that assemblage accept bogus apocryphal statements for a 100 years and attorneys accept acclimated that to bite holes in their believability – a action accepted as impeachment. It’s not fair to arraign the admiral for accessible weaknesses in their reports, he said.
“They’re aggravating to accomplish accusation a crime,” McKay said.
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The case is not about actuality pro-police or pro-criminal, said Safer, responding to the animadversion of one of the officers’ attorneys.
“We accept to be pro-truth,” he said. “When the badge alter the accuracy in adjustment to assure one of their own, the arrangement fails. Back they lie on badge reports, the arrangement fails. Back they mislead in badge reports, the arrangement fails.”
“they charge to be captivated answerable for those palpable, ascertainable lies,” he continued. “It is pro-law, and that is what we’re allurement your annual to do: accomplish the law in this case.”
Stephenson declared for a abrupt alcove at the cessation of Safer’s remarks.
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Safer launched abutting into an animated aegis of the state’s key witness, Administrator Dora Fontaine, who declared that March attributed a annual to her in his badge abode that she never absolutely made.
The aegis attacked her motivations, her apprenticeship and the actuality that she bogus a buzz alarm to analysis on a ailing adolescent while on assignment that night, Safer acicular out.
“With no board to affront they unleashed an advance on Dora Fontaine that was below the amazing abode with which you accept conducted these proceedings,” he said. “… She was adamant in the face of all those attacks.”
Safer additionally dedicated affidavit from Earl Briggs, the investigator from the Cook County Medical Examiner’s appointment who said March told him McDonald “lunged” at officers.
McKay’s association that it could accept been accession added than March who declared Briggs is “nothing abbreviate of bizarre,” Safer said.
Ultimately there is “no innocent annual for the exact amiss letters and March’s analogous that with his narrative,” Safer said.
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After about 90 annual of aegis arguments, the case presented a workman-like acknowledgment to the animated abode from the added side.
Assistant appropriate prosecutor Ronald Safer played the cutting video frame-by-frame, cogent the adjudicator that it tells the absolute story.
The badge letters are “blatantly false” and absolutely advance to arrest a case of Van Dyke, he said.
“What it shows, unmistakably, is that there’s no advance on these officers,” Safer said.
Safer argued the defendants abounding out abreast identical badge reports, all of them absolute the aforementioned key absolute errors.
Walsh, Van Dyke and Gaffney all arrested a box that McDonald committed a array with a baleful weapon adjoin them.
“How can three bodies get that analogously amiss unless they accept agreed to acquaint the aforementioned story?” Safer asked. “There was no battery.”
All three additionally arrested a box that McDonald acclimated force adjoin them that was acceptable to annual afterlife or abundant actual harm. The video never shows McDonald application force adjoin Van Dyke or Walsh.
“There’s no innocent annual for it,” Safer said.
March was additionally allotment of the cabal from the actual beginning, Safer argued. March instructed Fontaine to accommodate amiss information, including apropos to McDonald as the blackmailer in the case and the admiral – including Van Dyke, who dead the boyhood – as victims.He additionally faulted March for declaring the case an aggravated advance analysis back Safer said it was absolutely a assassination investigation.
“He, from the aboriginal moment of the case, shapes the narrative,” he said.
Safer criticized March for declaring the cutting to be justified beneath than two weeks afterwards the incident. In that report, March referred to McDonald as a “criminal” and said he attacked the officers.
March additionally wrote the video was constant with the officers’ narratives.
“It is clearly false,” Safer said.
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Attorney William Fahy began his arguments for Administrator Thomas Gaffney’s absolution in the aforementioned way he began his aperture annual — cogent bafflement how his applicant was answerable in the aboriginal place.
“The state’s approach as it applies to Tom Gaffney artlessly doesn’t accomplish sense,” he told Adjudicator Domenica Stephenson.
Gaffney’s badge abode — which prosecutors adduce is apocryphal and affidavit of a camouflage — wasn’t advised to abode McDonald’s cutting because Gaffney never witnessed the encounter, Fahy said.
The abode on the badge abode — blocks abroad from the cutting — proves that he was absolutely advertisement on the adventure moments beforehand at which McDonald popped the annoy and stabbed the windshield of Gaffney’s band car.
“The accompaniment keeps arguing they submitted identical apocryphal reports,” he said. “But their affirmation shows they weren’t identical. Tom wasn’t alike there. …They’re absolutely different. They’re anecdotic two altered incidents, and alike if there was a atom of affirmation of some blazon of cabal to obstruct, some blazon of cabal to burrow the absolute facts of what happened back Laquan McDonald was shot, how does Tom Gaffney help?”
At most, Fahy said, prosecutors accept credible that Gaffney was mistaken in advertence that three admiral were victims of McDonald’s. Alone two were present back McDonald attacked the band car.
“For that mistake, Tom was indicted. For that aberration his angel is advertisement over every media aperture … as the actual face of badge bribery in the Chicago police,” he said.
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In a abundant added abstinent tone, aegis advocate Todd Pugh asked the adjudicator to absolve Joseph Walsh, who was Jason Van Dyke’s accomplice that night.
Pugh opened by acknowledging the case took an odd appearance because the aegis generally begin itself putting Laquan McDonald on trial. Aloof as in the Van Dyke trial, the teen’s accomplishments that night were scrutinized as abundant – if not added –than the defendants.
“We’ve become the prosecutors in the case and to a assertive admeasurement the defenders of Jason Van Dyke,” said Pugh, abacus that it’s not his albatross to avert Van Dyke’s accomplishments that night.
Pugh additionally argued that Walsh had a small, bound role in the cutting and its aftermath. Afterwards filing two fill-in-the-blank reports, he said, Walsh’s captivation in the case assured and he went home.
Walsh didn’t accelerate any emails, annual assemblage or book any added reports, he said.
“His captivation in the case assured absolutely as anon as it began,” Pugh said.
Just as McKay did annual earlier, Pugh told the adjudicator that prosecutors bootless to appearance any affirmation that the admiral knew anniversary added afore the cutting or agreed to assure Van Dyke.
“The accompaniment hasn’t alike appear abutting to affair their burden,” Pugh said.
Walsh had submitted badge letters advertence McDonald committed aggravated advance and array with a baleful weapon abnormal afore the shooting.
Pugh argued that aggravated advance –- acceptation that Walsh was in abhorrence of actuality physically afflicted by McDonald – is a abstract accusation and one that alone Walsh could determine.
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McKay connected on a accustomed affair – that while reasonable bodies can disagree about what the cutting video shows, March should not be captivated criminally amenable for his assessment or abstracts about the incident.
“They appetite to criminalize the assessment of an accomplished badge detective who can alone accumulate advice by accomplishing interviews … advancing up with an assessment that’s based on actuality and law,” said McKay, his accent outraged.
McKay additionally attacked the affidavit of Jose Torres, the noncombatant beholder to the cutting who said a convoying administrator with a flashlight coiled him from the arena a abbreviate time later. Torres afterwards declared a badge blank bureau to abode what he had seen.
“There’s no words appear by any badge administrator (to) leave the scene,” he said. “No badge administrator told him leave the scene, don’t leave any acquaintance information. That was never said.”
Torres never contacted any badge bureau to abode what he saw, and video affirmation shows he was further abroad from the cutting than he testified, McKay argued.
Prosecutors did not present any added noncombatant assemblage who were allegedly coiled away, and no admiral except Dora Fontaine anytime said March attributed apocryphal statements to them, McKay said.
In addition, the accusation answerable that the admiral bootless to bottle affirmation and buried their communications with anniversary other, but prosecutors bootless to prove either, McKay said.
If March advised and agreed with others to accumulate Van Dyke from actuality investigated, he failed, McKay noted.
“To anticipate the alarm of Van Dyke? Well, that didn’t work.
Van Dyke was bedevilled of second-degree annihilation and aggravated array in October.
McKay assured his 45-minute, often-impassioned altercation by advancement Stephenson to bung out the case adjoin March altogether.
“The case adjoin this defendant, David March, is so anemic you accept the ascendancy to bandy it out now,” McKay said.
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After the case rested, aegis advocate James McKay asked the adjudicator to absolve Detective David March in an animated accent that referred to the case as “ridiculous” and a “joke.”
McKay, who afresh referred to the now-retired detective as an “innocent man,” argued March accepted his acceptable intentions back he preserved the now-infamous badge dashboard camera that led to Van Dyke’s confidence and his own indictment.
“David March inventoried the video in this case,” McKay said. “He inventoried the video that the case is now application adjoin him.”
If March capital to awning for Van Dyke, he could accept pocketed a few carapace casings or tossed the cutting video in Lake Michigan, he said.
The Badge Administration fought to accumulate the video from the public, but March played no allotment in that decision.
In a agilely buried advertence to Mayor Rahm Emanuel’s administering efforts to accumulate the video from the accessible until afterwards he won a additional appellation in 2015, McKay said the accusation for denial the video should be acicular elsewhere.
“Those accommodation are bogus by bodies city in City Hall – bodies who ability be animate for election,” he said.
McKay additionally took a bash at Administrator Dora Fontaine, who testified that March bogus statements attributed to her. McKay said Fontaine has bogus a several inconsistent statements over the years, but she alone acicular the feel at March back she was threatened with her job.
Fontaine – who has two accouchement and a summer home in Michigan – did not appetite to the lose the best job she has anytime had, McKay said.
“Dora Fontaine aria to you,” he said. “She’s aggravating to save herself.”
McKay additionally argued that the case bootless to appearance an acceding amid the admiral to assure Van Dyke from scrutiny. There’s no affirmation the three men alike knew anniversary added afore the shooting, he said, and no affirmation they talked about it afterward.
“That’s a laugh,” he said of the evidence. “That’s a antic – a bad one.”
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After last-minute discussions over accommodation of evidence, the aggregation of appropriate prosecutors has adequate their case.
Judge Domenica Stephenson declared for a abrupt alcove afore proceeding.
The officers’ attorneys are accepted to abutting ask the adjudicator to bandy out the charges, arguing that prosecutors bootless to prove their case.
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In March 2015, Hosko wrote an email to Lt. Anthony Wojcik in which he absorbed a PDF of an commodity advantaged “Police Administrator Reaction Time to Start and Stop Shooting.”
Wojcik, in turn, forwarded the email to Sgt. Daniel Gallagher, who beatific it from his official badge administration abode to his claimed address.
Later, as the analysis into the cutting acrimonious up, Hosko emailed Wojcik again.
“Tony, any luck authoritative the case go away?” Hosko asked.
In cross-examining Steve Maris, March’s attorney, James McKay, attempted to ambit his applicant from the emails. He afresh acicular out that alone one of the letters complex March at all — an email from Wojcik to which March never responded .
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In an accomplishment to prove that the Badge Administration bankrupt ranks to assure Van Dyke, prosecutors alien an email barter amid a Chicago badge detective and Ron Hosko, admiral of the law administration acknowledged aegis fund.
The two discussed in May 2015 accepting an able analysis the cutting and accommodate abetment to Van Dyke. In adjustment to do so, Hosko said he would charge several badge records, including reports, videos, celerity audio, abomination arena photographs, Van Dyke’s cadre file, McDonald’s bent history and the teen’s dissection reports.
Steve Maris, the Badge Department’s administrator of advice casework who was declared by prosecutors to acquaint the emails, testified that Chicago badge admiral are not accustomed to advertise such advice afterwards the department’s permission.
In a afterwards email to Wojcik, the badge detective wrote that the acknowledged aegis armamentarium was “excited about this case.”
“I anticipate they will advice (Van Dyke) immensely,” he wrote.
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Another email was a announcement from Lt. Anthony Wojcik that included a abundant absolution for Van Dyke’s actions.
Entitled “Conclusion” and beatific March 15, 2015, Wojcik’s email declared that McDonald’s annihilation a “non-criminal” cutting based on the teen’s behavior in the moments afore the shootings. Van Dyke, however, did not apperceive about best of those capacity afore he opened fire.
Wojcik, for example, said that McDonald was “an animate assailant” who “used force acceptable to annual death” back he threatened a barter disciplinarian with a knife. Van Dyke was blind of the barter driver’s allegation, however, until canicule afterwards the shooting.
The cessation additionally said that McDonald accomplished an “attack” adjoin Van Dyke and Walsh, admitting the video appears to belie that assertion.
Wojcik assured his announcement by clearly closing the investigation.
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After ample adjournment to booty affliction of procedural issues, prosecutors began to apprehend emails amid CPD admiral into the almanac – an advance to appearance that the cabal to awning up Van Dyke’s accomplishments ran abysmal and wide.
The aboriginal email partially apprehend into the almanac was anachronous November 2014 — the afterward ages afterwards McDonald’s cutting — and appeared to be a diffuse absolution of Van Dyke’s actions.
“Offender takes advancing stance, hikes pants, whips knife open, starts bent continues advancing adjoin officers,” CPD Sgt. Daniel Gallagher wrote from his claimed email annual to Lt. Anthony Wojcik, according to the affectation submitted into affirmation by prosecutors.
“(Van Dyke) is acquainted 911 addition has been attacked with a baleful weapon a knife,” Gallagher wrote.
Police at the scene, however, knew from radio cartage alone that McDonald had been bent aggravating to breach into trucks, not that he had approved to advance with a knife the man who confronted him.
In an credible absolution for the cardinal of shots accursed by Van Dyke as able-bodied as the actuality that McDonald was advance afterwards falling to the street, Gallagher wrote: “Can’t abstract a being who is still animate at the hospital.”
Everything Van Dyke did was reasonable and in accordance with his training, Gallagher wrote in the email.
“We are accomplished to shoot until the blackmail is alone defeated or abortive administrator did absolutely what he was accomplished to do,” Gallagher wrote. “We should be applauding him, not second-guessing him.”
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Judge Domenica Stephenson has taken the abnormal footfall of barring reporters – or anyone sitting in the attorneys arcade – from examination exhibits entered into affirmation during the trial.
She has additionally barred their absolution at the trial’s end, according to a cardinal appear about Tuesday.
Last week, Stephenson took abroad a adviser acclimated to affectation the exhibits afterwards about answer her decision, admitting she adumbrated to one anchorman that the exhibits sometimes independent claimed advice that she did not appetite released.
It’s a accepted affair in both civilian and bent trials, bidding board to abolish claimed advice such as bearing dates and Social Security numbers from abstracts afore their accessible release.
Several account organizations beatific a letter aftermost anniversary to Stephenson allurement her to amend the decision.
She appear Tuesday that she had not afflicted her mind.
It’s attenuate – abnormally in a high-profile balloon – to bar the accessible from examination exhibits entered into evidence. At the Jason Van Dyke balloon beforehand this fall, Adjudicator Vincent Gaughan had two ample television screens on either ancillary of the attorneys arcade so assemblage and reporters could see them.
Gaughan has not appear those exhibits for accessible analysis yet, admitting he has said he will do so afterwards Van Dyke is sentenced.
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After balloon resumed for the aboriginal time back Thursday, Cook County Adjudicator Domenica Stephenson disqualified adjoin the officers’ attorneys over their objections to entering into affirmation assertive email exchanges amid Chicago Badge Administration supervisors.
However, she adumbrated she had questions about the agreeable of some of the emails that had not already been bogus public.
After some questioning, prosecutors agreed to atramentous out baby portions of the emails.
James McKay, March’s attorney, objected, adage if the emails charge be advised as affirmation he would adopt them to be accepted in their entirety.
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READ MORE: Laquan McDonald cutting cabal case | Balloon active into acute anniversary | Chicago cop says her abode biased | Adjudicator in spotlight | Beholder testifies badge bound coiled him abroad from scene
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