Chicago State’s Attorney Questioned Charges Against Jussie Smollett as Excessive

Brunilde Fioravanti
Апреля 17, 2019

"On a case eligible for deferred prosecution I think it's indicative of something we should be looking at generally", Foxx continued.

Foxx withdrew herself from the case in February after she had been in contact with one of Smollett's relatives early during the investigation. "Washed up celeb who lied to cops, 16 (counts)", she wrote.

Magats then texted that he'd get with some other members of the state's attorney's office and "take a hard look at how we charge the cases and get it to something that covers what needs to be covered without being excessive and ultimately pointless".

Smollett, who is openly gay, was indicted on 16 counts of disorderly conduct on suspicion of staging a January 29 hate crime attack on himself.

The texts are among dozens sent between Foxx and Magats after Foxx claimed she stepped away from the case.

In all, the hundreds of emails released- many of them showing emails exchanged between Foxx's staff and frantic reporters- don't shed much light on how Smollett came to have all charges against him dropped abruptly at a hearing that was not on the court docket last month.

That decision created a firestorm of protest from local officials.

"There's really no planning for this". 'He said that I can ask any question I wanted. "It's the right decision", Magats replied.

Jussie Smollett reportedly is out as the lead in a show on Broadway called "Take Me Out" following his alleged hate crime hoax and trouble with the city of Chicago. Lanier wrote in a March 26 text to Magats. Foxx's office has since said that when an interoffice email to senior staff stated that Foxx was "recused" in the case, the term was used in a colloquial, not a legal definition. Smollett, who was accused of hiring two men to fake an attack on him near his Streeterville home, forfeited $10,000 he'd posted for bond to the city of Chicago, and left the courthouse proclaiming his innocence.

When asked why the state's attorney continued to communicate about the case after her withdrawal, a spokeswoman issued a statement Tuesday night on Foxx's behalf saying she reached out to Magats only "to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority". Police initially treated the incident as a hate crime, but their focus turned to Smollett after two brothers who were alleged to have been his attackers told detectives that Smollett had paid them $3,500 to stage the attack, with a promise of an additional $500 later.

The decision to drop the charges triggered harsh criticism from Mayor Rahm Emanuel and Chicago Police Superintendent Eddie Johnson. But sources with knowledge now tell the outlet he will no longer appear in the play, despite charges being dropped against the "Empire" star.

Cook County's Inspector General Patrick Blanchard has begun an investigation into how Foxx's office handled the case.

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