In an astonishing reversal, prosecutors on Tuesday abruptly dropped all charges against Jussie Smollett, abandoning the case barely five weeks after the “Empire” actor was accused of lying to police about being the target of a racist, anti-gay attack in downtown Chicago. Smollett agreed to let the city keep his $10,000 in bail. But he maintained his innocence and insisted he was attacked.
Prosecutors said they still believe Smollett concocted the assault. They gave no detailed explanation for why they abandoned the case only five weeks after filing the charges and threatening to pursue Smollett for the cost of a monthlong investigation.
The dismissal drew an immediate backlash. Mayor Rahm Emanuel called the deal “a whitewash of justice” and lashed out at Smollett for dragging the city’s reputation “through the mud” in a quest to advance his career. At one point he asked, “Is there no decency in this man?”
Smollett’s attorneys said his record was “wiped clean” of the 16 felony counts related to making a false report that he was assaulted by two men. The actor, who also agreed to do community service, insisted that he had “been truthful and consistent on every single level since day one.”
“I would not be my mother’s son if I was capable of one drop of what I was being accused of,” he told reporters after a court hearing. He thanked the state of Illinois “for attempting to do what’s right.”
In a statement, a spokeswoman for the Cook County prosecutors’ office said the dismissal came “after reviewing all of the facts and circumstances of the case.” Tandra Simonton called it “a just disposition and appropriate resolution” but said it was not an exoneration.
First Assistant State’s Attorney Joseph Magats said prosecutors “stand behind the investigation and the facts.”
https://twitter.com/Breaking911/status/1110601090192556032
When dropping cases, prosecutors will sometimes insist that the defendant accept at least a measure of responsibility. Outside court, neither Smollett nor his legal team appeared to concede anything about his original report in January .
Defense attorney Patricia Brown Holmes said Smollett was “attacked by two people he was unable to identify” and “was a victim who was vilified and made to appear as a perpetrator.”
Authorities alleged that Smollett, who is black and gay, knew the men and arranged for them to pretend to attack him.
Emanuel, who leaves office in May after two terms, said the hoax could endanger other people who report hate crimes by casting doubt on whether they are telling the truth.
Police Superintendent Eddie Johnson said Chicago “is still owed an apology.”
“I’ve heard that they wanted their day in court with TV cameras so that America could know the truth. They chose to hide behind secrecy and broker a deal to circumvent the judicial system,” Johnson said at a graduation ceremony for new police cadets.
Chicago Police Superintendent Eddie Johnson:
“At the end of the day, it is Mr. Smollett who committed this hoax, period.”
— Breaking911 (@Breaking911) March 26, 2019
Chicago’s top prosecutor, Cook County State’s Attorney Kim Foxx, recused herself from the investigation before Smollett was charged, citing conversations she had with a Smollett family member.
Many legal experts were surprised by the dismissal, especially since it did not include any condition that Smollett apologize and admit he orchestrated the attack.
“This situation is totally bizarre. It’s highly, highly unusual,” said Phil Turner, a Chicago defense attorney and former federal prosecutor with no ties to the case.
He said it would be wrong to argue leniency on the grounds that no serious harm was done.
“The damage done was worse than a broken arm or money lost in a fraud,” Turner said. “The reputation of the city has taken a tremendous blow.”
Because Chicago was the primary victim, Turner argued, it would have been appropriate for prosecutors to consult the mayor and the police chief in advance.
“That prosecutors didn’t seem to do that is an insult to the city and police,” he said.
Smollett reported that he was attacked around 2 a.m. on Jan. 29 in downtown Chicago. Investigators said he made the false report because he was unhappy with his pay on “Empire” and believed it would promote his career.
He reported that he was assaulted on his way home from a sandwich shop. Smollett said two masked men shouted racial and anti-gay slurs, poured bleach on him, beat him and looped a rope around his neck. He claimed they shouted, “This is MAGA country” — a reference to President Donald Trump’s “Make America Great Again” campaign slogan. He asserted that he could see one of the men was white because he could see the skin around his eyes.
Police said Smollett hired two men, both of whom are black, to attack him. Smollett allegedly paid the men $3,500.
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The men were brothers Abimbola “Abel” and Olabinjo “Ola” Osundairo, and one of them had worked on “Empire.” An attorney for them has said the brothers agreed to help Smollett because of their friendship with him and the sense that he was helping their careers. They declined to comment.
Holmes refused to answer questions about whether Smollett’s team would seek legal action against the two.
Before the attack, police said, Smollett also sent a letter threatening himself to the Chicago studio where “Empire” is shot. The FBI, which is investigating that letter, has declined to comment.
Smollett said he wanted “nothing more than to get back to work.” But his future with the show was unclear. Shortly after the charges were filed, producers announced that his character would be removed from the final two episodes of the season.
Fox Television, which produces “Empire,” issued a one-sentence statement late Tuesday saying only that the company was “gratified” that the charges had been dropped.
https://www.instagram.com/theyeshivaworld/p/BuMjSeDgEWQ/?utm_source=ig_share_sheet&igshid=8g7l2ivq57no
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https://twitter.com/AOC/status/1090491674575454208
Sen. Kamala Harris (D-CA) on her tweet saying the Jussie Smollett case was an “attempted modern-day lynching”:
“Which tweet? What tweet? … [laughs] Um, ah, ah, uh, okay, so I will say this about that case, I think the facts are still unfolding and um, I’m very, um, concerned” pic.twitter.com/qKwI2lewzR
— Ryan Saavedra (@RealSaavedra) February 18, 2019
.@JussieSmollett – what about MAGA and the tens of millions of people you insulted with your racist and dangerous comments!? #MAGA
— Donald J. Trump (@realDonaldTrump) February 21, 2019
(AP)
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4 Responses
Chicago is quite blue and they would be unlikely to convict him, He did pay a $10K fine, and the city and sue him for damages (but again, if its a jury trial, the city would probably lose). Remember that to at least a third of the country, he’s a hero for supporting resistance to Trump.
“The city will keep the $10,000 in bail money that Smollett paid to get out of jail after his arrest.”
In essence he paid $10,000 for his freedom..
Now THAT is what’s called JUSTICE……….
The Federal government should investigate the State’s Attorney for corruption. Sealed Files? After a grand jury like that?? (kofer nafsho?) something stinks here to high heaven.
Of course, the Feds will be too busy looking into Comey, Brennan, Lynch, and a host of other Obama Officials for their illegal coup attempt on Trump, so they may not have time….
One wonders if the bail money was actually his own personal money or if it came from elsewhere.