Laquan McDonald Case: Judge To Pick Trial Venue After Jury Chosen

CHICAGO, IL — The Cook County judge presiding over the murder trial of a Chicago police officer accused of fatally shooting 17-year-old Laquan McDonald in 2014 will wait until after jury selection before deciding whether to move the Sept. 5 proceedings. It still hasn't been decided whether Ofc. Jason Van Dyke will face a jury or bench trial, according to the Chicago Tribune.

Van Dyke has pleaded not guilty to six counts of first-degree murder and 16 counts of aggravated battery, a count for each time McDonald was shot. He also faces a count of official misconduct.

In March, Van Dyke's lawyers filed a motion in March to move the proceedings outside of Cook County. The defense's request for a venue change from Cook County was needed because remarks about Van Dyke by Mayor Rahm Emanuel and others were the equivalent of a "public execution."

But during a six-hour hearing Friday, Judge Vincent Gaughan said he believes Van Dyke can receive a fair trial from a Cook County jury, according to the Chicago Tribune. He'll test that theory during the voir dire process, when jurors are questioned by attorneys on both sides, the report added.

Patch's Coverage of the Laquan McDonald Case:

5 Perspectives on '16 Shots: The Death of Laquan McDonald': A ward of the state, shot dead on a Chicago street. A teen who loved his teachers. A mayor who won't lead. Questions no one will answer.

Chicago Cop Accused Of Killing Teen Faces New Charges: Ofc. Jason Van Dyke now faces 16 counts of aggravated battery stemming from the fatal shooting of the 17-year-old in 2014.

3 Chicago Cops Indicted In Alleged Cover-Up Of Shooting:The special prosecutor accuses the trio of doing more than obeying a "code of silence" surrounding the shooting investigation.

Laquan McDonald Case: No More Police Indictments, Prosecutor Says: The grand jury investigating an alleged Chicago police cover-up in the fatal shooting of the 17-year-old has been dismissed.

Cop's Trial In Laquan McDonald Shooting To Start In Summer, Judge Says: But the judge presiding over Chicago police Ofc. Jason Van Dyke's murder trial hasn't chosen a specific date for proceedings to begin.

Laquan McDonald Case: Summer Trial Presumptuous, Lawyer Says: The lawyer for Van Dyke said rulings still need to be made on various motions before the murder can begin.

No Fair Trial In Cook Co. For Cop In Laquan McDonald Case: Motion: Van Dyke wants a change of venue for his upcoming trial, according to a motion that was unsealed this week.

Date Set For Chicago Van Dyke's Murder Trial: The lawyers for Jason Van Dyke are still fighting for the proceedings to be held outside of Cook County.

"My experience with the voir dire questions has been outstanding," Gaughan said. "When you get in that room, and it’s face to face with intelligent lawyers, nobody’s going to get away with [bias]."

An expert consultant for the defense testified Friday that media coverage of the shooting had been so pervasive that it was unlikely that Van Dyke a jury would be able to render a fair verdict, the Tribune reports. His survey showed that the coverage would force the officer to prove his innocence to jurors during the trial instead of prosecuting proving his guilt, the report added.

Van Dyke's lawyers still must decide whether their client will have a jury or a bench trial. If the defense chooses a jury trial, it would break precedent as Chicago police officers facing misconduct charges usually go before a judge in their cases, the report added.

Van Dyke's murder trial stems from the Oct. 20, 2014, shooting of McDonald during an incident on the South Side. Initial police reports claimed the teen was swinging a knife and lunging at Van Dyke before the officer opened fire.

But a police dashboard camera told a different story. In the video, McDonald is not seen as aggressively moving toward Van Dyke, and instead, he's seen walking away from Van Dyke when he is shot 16 times. Officers at the shooting are accused of signing reports that stated a knife-wielding McDonald advanced toward police before he was shot.

Chicago police Ofc. Jason Van Dyke in 2015. (Photo by Zbigniew Bzdak-Pool | Getty Images)