Jason Jason Van Dyke, Attorney, Mr. Van Dyke discussed on Steve Dahl
Isobel healthy until miss Chris Plante, special guest host for politics, the great WLS AM, eight ninety. All right. The greatest injustices proceed from those who pursue excess. I think we saw some of that today with our brand new AG. The office of the attorney general file a motion for leaves file a petition for mandate with the voice of cream court. In conjunction with the special. Prosecutor Kane county state's attorney Joe McMahon in the matter of the people of the state of Illinois versus Jason Jason Van Dyke. I don't think he spent a lot of time with Aristotle because that was Aerostat will sign the greatest injustices perceived from those who pursue excess. Well, let's talk with one of Jason Van Dyke defense team and get her reaction. Jennifer blog is here. Jennifer, thanks for your time. I know on short notice, obviously, you see this as overtly political. Oh, yes. Definitely. Mandate is an extraordinary remedy. I think the attorney general could cite four different times that they've filed a rid of mandate in the past. So that tells you how rare it is that when assault, and it's usually under circumstances where the judges violated a clear duty. And I I don't think that's the case in Jackson anthrax case. Plus, I wasn't he asked at his presser Kwami Raoul. If in fact, he was going to utilize this this procedure other cases, and he said, probably not well what he actually I watched the press conference. And he said, you know, we'll have to investigate to see if the other cases that we would seek this have to seek this remedy, and and I would defy him defined one case that is similar to this case where it had been sought essentially, isn't he doesn't he want? He wants a the judge judge. God on. Yes. Judge gone to go back and essentially see every single shot as a separate crime. That's right. He wants him to be sentenced on each shot. And he wants it to run it consecutive. In other words, the minimum sentence would then be ninety six years. Did anybody point out to him? Did anybody point out to our brand new attorney general that the jury did have an option to convict Jason dyke of first degree murder, and that would be a minimum of what Forty-five? Yes. Forty five. In reality. This is what's a little confusing about the law. What does it mean? When you get convicted a second degree murder. Would it actually may I found that Mr. Van Dyke was guilty of first degree murder? And Ben this is how the jury instructions work, then you look to see if there's what's called a mitigating factor, and in this instance, they found a was a mitigating factor. And what was that mitigating factor that Jason believed his life was in danger. And that's why he shot, and it seems to me that democracies if we substitute public opinion for rock solid law that really leads to mob rule and and tyranny in my mind. Well, I mean for sure you the main thing I wanted to defense attorney is the same thing that Mr. Barlow will said he wants and that's for all defendants to be treated equally. Right. Whether you're a poor kid from the south side or an fluent guy from the north side, or what are your police officers shouldn't matter the law should be applied equally and. In. This instance, I believe this is political. And this is only happening. He's only making Mr. with only making this argument because Jason's police officer. And it's what this case symbolizes political pressure to to do this because people are upset about the symbols. So you have a week to file an objection. And then the spring court is not obligated to accept the prosecutor's petition. And crab me if I'm wrong. But there's no timeframe in which the supreme court has to issue. A ruling. That's correct. I don't think it would take him very long. But there is no compromise. What are you? What's your gut feeling on how the supreme court my rule on this where they just say forget it? We're staying out of this mess. That's what I think they should do based on me. If you read the attorney general's rid of mundane, it seems like this is a very clear cut case, they say two cases people personally and people versus crossbow, and they argue those cases control, and I won't get into the nitty gritty of legalities of it all, but that's just simply not the case and John gone judge gone. Already said I'm gonna essentially going to sentence him to second degree murder because constitutionally again, if I remember correctly, we have a mechanism in our state constitution for those convicted of second degree murder. You essentially get a second chance. Yes. I mean the legislature carved out a specific sentencing scheme for second degree, murder and that included the possibility of probation. Because of that mitigating factor that earlier, right? That Jason believed his life was in danger when he shot, even though the jurors found that belief was unreasonable. I mean, you can't lose sight of the fact of the circumstances of this case, which are police officer reporting to a crime scene trying to protect the citizens of Chicago against someone who was on drugs, and crazy and had an arm, but would drop it. Now, Jennifer, you probably expected this. How does how does this Van Dyke feel about this is more of the same for him? Well, you know, I haven't been able to talk to Jason today. You can't talk to prisoners upon request you to make illegal phone call request. I mean, he's not shock. I told him that this can happen when I heard rumblings of it last week and the week before we told him that it was a possibility, and the I guess there's a sliver in his mind of hope in as much as when they do send it back, and it does go back to judge gone. Right. Correct. If they want to revisit this. And that's that's assuming this spring court. He wants to go that direction. He could say all right. My sentence. Stands the way. I I already have adjudicated this or I can even reduce the sentence. If you open this up, I can reduce it, right? He could reduce it to the minimum. If it's the same court finds that aggravated battery aggravated battery should have been the crime for which Mr. Van Dyke was sentence. The judge could give him the minimum for aggravated battery which is six years. I just think that revisiting unpopular jury decisions are sentencing based on politics that really seating our systems. Destruction. Most certainly that's why rhythm and is such an extraordinary remedy, right? And and that's why it should be applied in this case. You don't want every case it that politicians don't like to to to take this route. Right. Our Justice system is set up the way, it is checks and balances, and I would argue that the attorney general is stepping on the legislatures does violating the separation of powers and making this argument. Well, jennifer. A black. I appreciate your time is one of Jason Vendex attorneys. We will check back with us. This goes down the road a bit. And we'll talk to our listeners and see how they feel about a directly. Okay. Great. Thanks. Thanks much. We appreciate that back with your thoughts on this at three one two five nine one eighty nine hundred three one two five nine one eight thousand nine hundred. We'll talk about it with you coming up next. You can use that number to call me or to text me. And also, we're going to meet the man soon who Braves Chicago's polar vortex to essentially show us. It's brutal beauty better him than us. We'll talk with him in just minutes. Convictions overturned for ten men framed by former Chicago police sergeant.