Daily Freeman (Kingston, NY)

Jurors begin deliberati­ng at police officer’s murder trial

- By Don Babwin and Michael Tarm

Attorneys in the trial of a white Chicago police officer charged with murder in the 2014 shooting of black teenager Laquan McDonald sparred over what video of the deadly encounter actually proves Thursday just before jurors withdrew to begin deliberati­ng.

During closing arguments , prosecutor Jody Gleason pointed to dashcam video of Officer Jason Van Dyke shooting McDonald 16 times as the teenager held a knife at his side. She noted that Van Dyke told detectives that McDonald raised the knife, that Van Dyke backpedale­d, and that McDonald tried to get up off the ground after being shot.

“None of that happened,” she said. “You’ve seen it on video. He made it up.”

But Van Dyke’s attorney, Dan Herbert, said the video, the centerpiec­e of the prosecutor’s case, doesn’t tell the whole story and is “essentiall­y meaningles­s based on the testimony” jurors heard. He pointed to testimony from Van Dyke’s partner that night, Joseph Walsh, who said he saw McDonald raise the knife, even though the video doesn’t show that. Van Dyke made similar claims on the witness stand as he told jurors that he was afraid for his life and acted according to his training.

“The video is not enough,” he said. He added: “It shows a perspectiv­e, but it’s the wrong perspectiv­e.”

Herbert did not note that Walsh is one of three officers charged with conspiring to cover up and lie about the circumstan­ces of the Oct. 20, 2014, shooting to protect Van Dyke. Jurors were told only that Walsh was testifying under “use immunity,” meaning his testimony can’t be used against him as long as he was truthful, but were never told about the allegation­s he faces.

Police encountere­d McDonald after a 911 call reported someone breaking into vehicles. As Van Dyke arrived, police had the 17-year-old mostly surrounded on a city street. An officer with a Taser was just 25 seconds away.

Gleason seized on the testimony of one the defense’s own witnesses, a psychologi­st who interviewe­d Van Dyke. Dr. Laurence Miller said that when Van Dyke heard his on radio that McDonald had a knife and had punctured the tire of a squad car, he told his partner: “Oh my God, we’re going to have to shoot the guy.”

Gleason said Van Dyke had made up his mind about what he’d do before even arriving at the scene.

“Laquan McDonald was never going to walk home that night,” she said.

Gleason told jurors that while police officers are allowed to use deadly force in some circumstan­ces, this was not one of them.

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