Did Van Dyke Violate Gag Order? Hearing Set For Saturday

CHICAGO (CBS) -- It's a highly anticipated murder trial beginning next week.

But there's a new move to put Chicago officer Jason Van Dyke behind bars before it begins.

CBS 2's Jim Williams takes a look at why.

It is the way former Chicago police officer Brian Warner sees his friend, Jason Van Dyke, and why Warner believes it was smart for Van Dyke to talk to two media outlets as he approaches his murder trial for killing 17-year-old Laquan McDonald.

"'I executed my duties honorably and I'm being judged before everybody even knows the facts.' So it's important for him to say that," said Warner.

But the trial's special prosecutor Kane County State's Attorney Joseph McMahon asked that Van Dyke's bond be revoked because he did newspaper and television interviews.

CBS 2's legal analyst Irv Miller saw it coming.

"The special prosecutor had to file this motion. Clearly, in his mind the gag order was violated," said Miller.

McMahon cites 12 examples of Van Dyke's alleged violations of Judge Vincent Gaughan's gag order.

Among them:

"That he was a political scapegoat and the victim of 'the bandwagon of hatred' on social media."

"That during the shooting, he was 'doing my job as I was trained as a Chicago police officer.'"

Van Dyke's attorney Dan Herbert said Van Dyke was careful to not discuss details of the case.

"The attempt to revoke or increase Jason Van Dyke's bond for exercising his First Amendment right is an egregious abuse of power," said Herbert.

Judge Gaughan took the rare of step of scheduling a Saturday morning hearing on McMahon's motion.

"The judge is going to be outraged that the defendant did what he did, both on print media and on television," added Miller.

Sources close to Van Dyke's team tell CBS 2 their research shows a vast majority of people in Cook County have not a favorable impression of Jason Van Dyke.

The sources concede the interviews attempt to show potential jurors that Van Dyke is a good guy.