Patterico's Pontifications


Well, Whaddaya Know: Charges Against Jussie Smollett Dropped

Filed under: General — JVW @ 9:46 am

[guest post by JVW]

They were never going to prosecute someone with so much intersectionality street cred. National Review Online has the details:

Cook County prosecutors on Tuesday dropped all the charges against Empire actor Jussie Smollett, who stood accused of staging a hate crime to advance his career.

Smollett was arrested and charged with disorderly conduct last month when police determined that he filed a false report after staging a racially motivated attack on himself with the help of two friends. He had pled not guilty to the charges before prosecutors decided to drop them.

[. . .]

Prosecutors took Smollett’s history of community service into account when deciding to drop the charges, according to a statement released by the Cook County state’s attorney’s office Tuesday afternoon.

“After reviewing all of the facts and circumstances of the case, including Mr. Smollett’s volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case,” the statement said.

It’s Chicago, so naturally corrupt local politicians are part of the story, as is a former Obama Administration official:

The Chicago Fraternal Order of Police last week requested an investigation into State’s Attorney Kimberly Foxx’s handling of the case on the grounds that she improperly asked [Chicago Police Chief Eddie] Johnson to turn the investigation over to the FBI after Tina Tchen, Michelle Obama’s former chief of staff, requested that she do so at the behest of one of Smollett’s relatives.

“Spoke to Superintendent Johnson. I convinced him to reach out to FBI to ask that they take over the investigation,” Foxx wrote in an email sent two days after the alleged attack.

“OMG this would be a huge victory,” Tchen wrote in response to a text message from Foxx containing the same information as was included in the email.

“I make no guarantees,” Foxx responded, “but I’m trying.”

The FBI did not end up taking control of the probe, but I find it interesting that Ms. Tchen believed that the outcome would be more beneficial to Mr. Smollett if the feds were involved. It makes you wonder if Obama officials have more chits to call in with the feds than they do in the Windy City.

In any case, Jussie Smollett will probably resume his career as if nothing had happened, and he will to his dying day insist upon his version of events which will also gradually come to be accepted among the grievance-mongering left. Thank you, Chicago Police Department, for getting to the bottom of the story. Sorry that the political types are going to undercut all of your work.


97 Responses to “Well, Whaddaya Know: Charges Against Jussie Smollett Dropped”

  1. To play Devil’s Advocate, if Mr. Smollett did indeed forfeit his bond to the city then he pretty much paid a $100,000 fine. It would be interesting to see a tab for how much the investigation cost the Chicago Police Department.

    JVW (54fd0b)

  2. $9,000. The $100,000 is his liability in case he skipped. His cash bond was $10,000 from which the Clerk Of The Circuit will keep $1,000 as the non-refundable bond fee.

    nk (dbc370)

  3. And how much do you think that Smolett’s lawyers will send letters to any important media publication that tries to claim that Smolett prepetrated a hoax? Now any such letters maybe may be safely ignored, since Jusse Smolett is a public figure and there are more than adequate grounds to believe that, and he has NOT been exonerated, but it still may limit such assertions.

    In any case, and this would be without any letters, they’ll probably report it in the form of “The Chicago Police determined..” and important enough publications will get letters asking for publication of clarifications that he was not charged.

    Sammy Finkelman (e70ce9)

  4. Clerk Of The Circuit *Court*

    nk (dbc370)

  5. It’s always breezy in Clouseau City.

    DCSCA (797bc0)

  6. He also gets credit for comunity service he did in the past, narciso says there’s no reason to think Smolett actually did any, but “community service” can be anything, even inviting in a few fans to a rehearsal.

    Sammy Finkelman (e70ce9)

  7. From all appearances, Obama’s folks still run the lower levels of the DoJ and FBI.

    Kevin M (21ca15)

  8. Reposting in this thread:

    Smollett continues to stand by his original story.

    The statement from his legal team also chastised the media and authorities for blaming the victim:

    Today all criminal charges against Jussie Smollett were dropped and his record has been wiped clean of the filing of this tragic complaint against him. Jussie was attacked by two people he was unable to identify on January 29th. He was a victim who was vilified and made to appear as a perpetrator as a result of false and inappropriate remarks made to the public causing an inappropriate rush to judgement [sic].

    “Jussie and many others were hurt by these unfair and unwarranted actions,” the statement continued. “This entire situation is a reminder that there should never be an attempt to prove a case in the court of public opinion. That is wrong. It is a reminder that a victim, in this case Jussie, deserves dignity and respect. Dismissal of charges against the victim in this case were the only just result. Jussie is relieved to have this situation behind him and is very much looking forward to getting back to focusing on his family, friends and career.” …

    Rush Limbaugh says that if you believe Jusse Smolett, the Chicago policr framed him, and it makes the police look corrupt. But Smolett’s lawyers just claim a rush to judgment, and don’t go into the evidence. (it’s a holistic overview that cannot bear closer scrutiny)

    Sammy Finkelman (e70ce9)

  9. You can’t catch a cold in Chicago.

    DCSCA (797bc0)

  10. American cities under Dem governance are sliding into 3rd World levels of incompetence and cronyism. Might say under socialism some animals are more equal than others, but at least that’s a system. This isn’t a system beyond the whims of the Rham/Obama Chicago ruling cabal. Smollett is part of a victim group beloved by said cabal, therefore he cannot be a criminal.

    Murder City detailed a mess of cops to investigate this BS. They are not going to be happy, but remains to be seen if it amounts to anything beyond that.

    Bugg (9f6506)

  11. $9,000. The $100,000 is his liability in case he skipped. His cash bond was $10,000 from which the Clerk Of The Circuit will keep $1,000 as the non-refundable bond fee.

    Ah, well then that’s a very nice investment that Mr. Smollett made, now isn’t it?

    The Fraternal Order of Police is complaining and I would imagine that at least some citizens of the city might protest this one-fingered slap on the wrist. I’m kind of surprised that the city didn’t even think to extort a few hunnert-thou from Smollett and Fox in order to make this go away; you would think that civic PR needs would dictate this course of action.

    JVW (54fd0b)

  12. 7. 7.From all appearances, Obama’s folks still run the lower levels of the DoJ and FBI.

    Besides which the FBI could bury the case, and at that stage they were hoping to avoid any arrest and maintain the hoax.

    The people at the lower levels of the DoJ and FBI, only proceeded at a breakneck pace against Michael Avenatti. The whole thing, from initial complaint to arrest, took just one week.

    But they were careful (so far) not to criminally accuse one of Jusse Smolett’s lawyers

    Sammy Finkelman (e70ce9)

  13. It looks like a lot of news coverage is about the “emotional” statement Mr. Smollett gave today insisting upon his innocence.

    Uh, guys, do you recall what Mr. Smollett’s line of work is?

    JVW (54fd0b)

  14. American cities under Dem governance are sliding into 3rd World levels of incompetence and cronyism.

    Funny, just the other day I mentioned to someone that such was the case with New York City under the Dinkins Administration. It was awful. Fortunately, they then got Giualiani, who cleaned up a lot, and then Bloomberg, who at least kept up what Giuliani did. Now we seem to be back to third-worldism.

    Bored Lawyer (998177)

  15. Whose offense was worse, Smollett’s or Roseanne Barr’s?

    The punishment each received seems to show what those in power think.

    harkin (61b436)

  16. Some forms of incompetence managed to last through or even get worse during the Giuliani and Bloomberg Admiistations.

    Sammy Finkelman (e70ce9)

  17. What was Roseanne’s punishment? Her “house” kicked her out because she brought it into worse repute. She was never arrested, indicted, fined, or faced the possibility of three years in prison (with time off for good behavior).

    nk (dbc370)

  18. 3/26/19: the day Rahm threw his ballet slippers in the round file.

    Colonel Haiku (2601c0)

  19. Johnson and Emanuel said what needed to be said. Good for them.

    Colonel Haiku (2601c0)

  20. I think Smollett’s career is toast.

    Colonel Haiku (2601c0)

  21. What was Roseanne’s punishment? Her “house” kicked her out because she brought it into worse repute.”

    You mean the ‘house’ that allegedly had the network talk Roseanne into giving up her stake in the show to prevent it being canceled, thereby saving jobs?

    She got played.

    harkin (61b436)

  22. Watch the news conference with Johnson and Emanuel. It’s a treat.

    Colonel Haiku (2601c0)

  23. I realize we are cynical, but it could be they decided that it would be too hard to prove and in the end would cost more than it was worth.

    Nic (896fdf)

  24. Cant go after the prince of Oakland got it.

    Narciso (b3b641)

  25. Because I fully understand and accept the possibility of blue H1N1, blue SARS and even blue Ebola after this, I will keep to the starboard of I-294 the remaining portion of the kid,s spring break. Avenge former DA Anita Alvarez and Avenge Ofc. Juan P. Rivera.

    urbanleftbehind (8b84bd)

  26. Oh quelle surprise.

    Narciso (b3b641)

  27. What a circus!

    And Rahm Emanuel can go suck a blintz. He paid $5 million, that’s $0.005 billion, of the Chicago taxpayers’ money to hush up the Laquan McDonald shooting just before his last election.
    He is the reason Chicago is the mess it is right now.
    Because he is not a leader.
    He is a tutu-wearing ass-kisser of the truly powerful and competent who managed to achieve his Peter Principle level of incompetence.

    nk (dbc370)

  28. It was either him, or wrong lizard chewie,

    Narciso (b3b641)

  29. Back in 2011, chewie came in two pieces (Gery Chico and idiot Miguel Del Valle) that couldn’t get out of each others way, much like Bill Daley and Jerry Joyce, this past round.

    urbanleftbehind (8b84bd)

  30. The first one,

    Narciso (b3b641)

  31. Black women sure like the limelight.

    mg (8cbc69)

  32. 22. Colonel Haiku (2601c0) — 3/26/2019 @ 11:08 am

    Watch the news conference with Johnson and Emanuel. It’s a treat.

    Do you have a link? I can find many stories, maybe some with an excerpt. This is Chicago Police Superintendent Eddie Johnson and outgoing Chicago Mayor Rahm Emanuel. Kevin Graham, the president of the Chicago police union, was also at that press conference.

    Rahm Emanuel called it a “whitewash of justice.” He said; “Where is the accountability in the system? You cannot have, because of a person’s position, one set of rules apply to them and another set of rules apply to everybody else” and compared it to the college admissions scandal and said in addition “This sends a clear message if you’re in a position of influence and power you’ll get treated one way and other people will get treated another way. This is wrong.”

    Eddie Johnson said “We’ll have conversations after this” with the state’s attorneys office. He also said: “They chose to hide behind secrecy and broker a deal to circumvent the judicial system.”

    Graham said there could still be federal charges for mailing himself a threatening letter.

    They said they were blindsided (i.e. didn’t have any opportunity to object to any of the terms) and one consequence of this is that none of the evidence will ever be made public (the record in the case was sealed. Johnson has said that they have evidence that hasn’t been made public.)

    State’s Attorney Kim Foxx had earlier recused herself from the case but I think perhaps that could have made the case easier to fix.

    Sammy Finkelman (102c75)

  33. This is what looks like a little part of the video, but far from all of it.

    It starts with Eddie Johnson saying that he thinks the city is still owed an apology. He also said if someone accused him of something, he’d want his day in court. He said they had started out by saying they wanted their day in court, but then they did this.

    Rahm Emanuel says the grand jury brought the charges against Smolett based on actually only a piece of the evidence that the police had collected. He said the $10,000 doesn’t even come close to what the city of Chicago spent. Second, there’s the ethical cost – he didn’t like using hate crimes laws to self-promote yourself. He he didn’t like that at all. I think because he was involved in getting federal legislation like that through Congress. People will now be doubted he said, and he laid out who, in his mind, would be doubted.

    It cuts off at Emanuel saying this is a whitewash of justice. ZSo I didn’t get to hear what was third.

    Emanuel wasn’t speaking very coherent English. He was using all kinds of wrong words.

    Sammy Finkelman (102c75)

  34. narciso @28. That’s interesting. I didn’t look into this but it would seem there is some substance to the accusation that Ilhan Omar married her brother (or what I consider more likely, although no one seems to have thought of it) someone who pretended to be her brother, presumably in order to immigrate into thsi country. I would guessin that case that she was was married and not divorced at the time and couldn’t bring him in as her husband. The argument against that is that relatives usually get DNA tests. I don’t know if, under fuurther examination, the facts would support such an idea.)

    The Powerline blog post is about how snopes (or its reporter) did not honestly or competently check that out.

    To me also this would prove she is not a genuine anti-semite, but mainly a fraud. Whyh it would make sense to be the kind of fraud she is is another question.

    Sammy Finkelman (102c75)

  35. “how snopes (or its reporter) did not honestly or competently check that out.”


    Colonel Haiku (2601c0)

  36. The fix was in from day one.
    Trump is absolutely right when he claims the system is fixed. This is just another example.

    David Longfellow (8cba7a)

  37. 35… no link (yet), I watched it live. I thought Johnson and Emanuel said what needed to be said (I admit to being surprised in Emanuel’s case), but Chicagoans (e.g., nk and ulb) obviously have more experience with the mayor’s past shenanigans than I have knowledge of.

    Colonel Haiku (2601c0)

  38. “Emanuel wasn’t speaking very coherent English. He was using all kinds of wrong words.”

    I did not notice dat.

    Colonel Haiku (2601c0)

  39. Only “a sliver of the evidence” was “enough for the grand jury to reach a decision”.

    Emanuel also talked about Smollett still claiming innocence, no apology and doing this for self-promotion and raised the specter of gaylesbiantrannymuslims who suffer legitimate hate crimes being impacted.

    Colonel Haiku (2601c0)

  40. 37. I think the idea taht her second husband ever pretended to be her brother is a red herring. She never officially married her first husband until 2018. Her second husband was her only legal husband till then. Whetehr or not the second marriage wss real is unknown.

    Sammy Finkelman (102c75)

  41. She’ll always be BroFo to me, Sammy

    Colonel Haiku (2601c0)

  42. Corruption runs deep. When the scales of justice are no longer blind we are overdue for a reckoning.

    NJRob (201780)

  43. It’s quaint how Chicago cops like to dress up like doormen at New York City hotels.

    DCSCA (797bc0)

  44. There’s a lotta Trump Luck in the air the past few days; buy a lottery ticket.

    DCSCA (797bc0)

  45. I still love the typo from the New York Times that our host highlighted the other day, in which the Times accused Smollett of having been caught trying to “fake his own death.”

    If we’re going to pretend now that he didn’t get caught trying to fake his own hate-crime mugging, can we go back to pretending that he faked his own death? I like the Tom Sawyer resonances.

    Beldar (fa637a)

  46. “Emanuel wasn’t speaking very coherent English. He was using all kinds of wrong words.”

    41. Colonel Haiku (2601c0) — 3/26/2019 @ 12:53 pm

    I did not notice dat.

    The words were good English and pronounced coherently, but the sentence structure and the phrases weren’t.

    Have you ever heard of anything called a “whitewash of justice?” No, it’s a “whitewash,” PERIOD

    Whitewash is a noun, not an adjective.

    And he didn’t say “a sliver of the evidence” but he said “only a piece of the evidence.”

    “Sliver,” as you misquoted, of course, is correct. And you could leave out the word “the”

    And if you want to use the word “piece” it should probably be plural: “a few pieces” But better is “part of the evidence” or better yet, “a small part of the evidence” or “a fraction of the evidence.” A piece?

    ew pieces”

    Sammy Finkelman (102c75)

  47. Beldar @48.

    Here are some of the corrections in the New York Times yesterday:

    An article on Monday about a video made by members of Tau Kappa Epsilon fraternity at the University of Georgia included a quotation from a University of Georgia student that referred incorrectly to Richard B. Russell Jr. While he was a segregationist, he was not a slave owner.

    An article on Saturday about Attorney General William P. Barr misstated his age. He is 68, not 69.

    An article on Saturday about the Gambino murder suspect Anthony Comello misidentified the origin of the QAnon conspiracy theory. It was born on the 4chan message board, not on Reddit.

    Sammy Finkelman (102c75)

  48. IOne error earlier is about the side of the vehicle the New Zealand killer was pulled out of. It was the passenger side, nit teh driver’s side.

    There were some errors made by the police.

    They initiall;y charged him with only one murder. However, that person turned out to be alive. So they had to substitute another victim. Neither name was released – in fact no names have been released by the police, I think.

    They also were wrong about how long it lasted. It was less than 30 minutes after the first call came to police that the murderer wss arrested. It was not at 2:17 pm.

    Tghey’ve declared possession of the video criminal in New Zealand. Anyone who has it must delete it.

    Sammy Finkelman (102c75)

  49. About that community service:

    Narciso (942c04)

  50. The best part is gonna be when some dopey LGBTQ or civil rights organization puts its thumb in Chicago’s eye by presenting Jussie Smollett with some sort of courage award.

    JVW (54fd0b)

  51. 49… I saw the conference live, Sammy. Emanuel said both “piece” and “sliver” re: evidence over the course of their (he and Johnson) appearance.

    Colonel Haiku (2601c0)

  52. More substance, less Miss Crabapple!

    Colonel Haiku (2601c0)

  53. Update: Smollett’s lawyer says “we don’t want to try the two brothers who attacked Smollett in the press”.

    Colonel Haiku (2601c0)

  54. All parties insist their position is gold; yet the charges get Klinked.

    “Disss-missed!”- Col. Wilhelm Klink [Werner Klemperer] ‘Hogan’s Heroes’ CBS TV, 1965-1971

    DCSCA (797bc0)

  55. @20. Think again; Fox backs him: the gig goe$$$$ on.

    DCSCA (797bc0)

  56. I’m so old that I remember when being a prosecutor was an honorable calling.

    AZ Bob (885937)

  57. @21. Jobs saved; show renewed for season 2.

    DCSCA (797bc0)

  58. @60. No doubt the lawyers here can dissect how, if everybody says they’re in the right, why this bird crashed and burned; don’t be surprised if the case file number is 737Max8.

    DCSCA (797bc0)

  59. narciso @52

    So he did, or finished, (did they count anything else?) his “community service” on Saturday and yesterday, Monday. Eight hours each day.

    I wonder what that tells you?

    Rob Elgas

    NEW: @ABC7Chicago has confirmed leading to today’s decision by prosecutors to drop all charges against Jussie Smollett, Smollett did community service at Jesse Jackson, Sr.’s @RPCoalition. 1

    3:14 PM · Mar 26, 2019 · Twitter Web Client

    Rob Elgas

    Part of Smollett’s community service for Rainbow Push included 8 hours of service on March 23rd. And 8 hours of service on March 25th. Service included working in the bookstore, critiquing in the broadcast studio and speaking to students and parents who visited. 2/2

    3:16 PM · Mar 26, 2019 · Twitter Web Client

    Sammy Finkelman (e70ce9)

  60. apparently there are emails that have been intercepted between former Obama aide, tschen, and kim foxx, but she’s a community agitator, like the other one in st.louis, the one who deep-sixed greatens career,

    narciso (d1f714)

  61. Coolonel Haiku @55 and 57:

    I saw the conference live, Sammy. Emanuel said both “piece” and “sliver” re: evidence over the course of their (he and Johnson) appearance.

    Sorry. I considered he might have said both, but neglected to write that out.

    Update: Smollett’s lawyer says “we don’t want to try the two brothers who attacked Smollett in the press”.

    Smolette conceded some time ago it was these two men, and said (or wrote through his lawyers) something about how he was surprised that people close to him would do it or something like that.

    Sammy Finkelman (e70ce9)

  62. Kim Foxx recused herself, but of course she would know what her deputies did.

    Interesting qeuestion: What, of anything, do the two remaining mayoral candidates want to say about this?

    Sammy Finkelman (e70ce9)

  63. well pretzwinkle is her former chief of staff, the fix is in, just like with the hoskos and the awans,

    narciso (d1f714)

  64. Sammy Finkelman (102c75) — 3/26/2019 @ 1:24 pm
    “whitewash of justice?” No, it’s a “whitewash,” PERIOD
    Whitewash is a noun, not an adjective.

    If we are going to have criticism of grammar, then we should get it right: in the quoted sentence fragment, “whitewash” IS a noun, modified by the prepositional phrase “of justice” [of: preposition; justice: object of preposition].

    /s/ grammar nazi

    ColoComment (b48a15)

  65. That’s it. I’m boycotting the city of Chicago. I will neither visit nor spend money there. I’ll even avoid flights that connect through Chicago.

    norcal (ce7ce7)

  66. short excerpt of prosecutor (middle aged white male) interviewed by CBS News in lead story of the CBS Evening News:

    Basically: He doesn’t think Smolett got preferential treatment because their priority is violent crime, and he doesn’t think he is innocent.

    But the big complaint is not about the sentence; it’s about no admission.

    Mayor Rahm Emanuel says he is considering suing Smolett (will he be around long enough?)

    Estimated cost to Chicago of the investigation: $150,000

    Sammy Finkelman (e70ce9)

  67. well at least he didn’t kill anyone,

    narciso (d1f714)

  68. Jusse Smollett said he wouldn’t be his mother’s son if he had faked this. Actually he would be. His mother is a close friend of Angela Davis, whose entire adult life has been a fraud on the public, to say the least.

    His mother associated with the Black Panthers and is friends with the activist Angela Davis, and in interviews Smollett has identified proudly with the activist tradition.

    mollett is biracial. His father, Joel Smollett, was white and died of cancer in 2015. His mother, Janet Smollett, is black. She grew up during the civil rights era and marched alongside prominent figures, including members of the Black Panther Party and Angela Davis.

    In fact, his mom and Davis are good friends, and Smollett has spent a lot of time with the influencer throughout his life.

    In fact, his father was Jewish but didn’t want to be identified that way but rather as Russian or Polish. Not a good idea, I guess, around these people.

    Sammy Finkelman (e70ce9)

  69. Bernie Sanders
    Mitch McConnell and the Republican Party don’t believe we have to address climate change, the major crisis facing this planet. That is a disgrace.

    We need a Green New Deal that says we are going to boldly confront climate change and create millions of jobs in the process.
    __ _

    Jay Tee Ell Oh Ell
    You voted “Present.”


    harkin (61b436)

  70. Well, that explains it.

    “Yes, Mr. Smollett’s behavior does seem to warrant punishment,” his attorney said in a special hearing before a judge. “But you also have to consider the fact that he’s rich. Furthermore, he has money. And also, did I mention that he is absolutely loaded with cold, hard cash?”
    “This concludes my arguments,” she said.

    Paul Montagu (e7d63b)

  71. Still claiming he’s innocent, deriding the police, no contrition… this despicable POS spent a total of 18 hours at Rainbow Push as community service.

    A low-life who will remain above the law and escape justice.

    Colonel Haiku (2601c0)

  72. @78. Trump Luck.

    DCSCA (797bc0)

  73. 79… If you think that is funny or makes sense, bless your heart.

    Colonel Haiku (2601c0)

  74. One way to look at it:
    1. The prosecutors treated Smollett like they would any other small-time lowlife they didn’t want to waste their time with.
    2. The cops are mad because they treated him like a VIP and they did waste their time to placate the black and gay Mafias.
    3. It was never highly likely that he would get prison time. Probation with conditions such as restitution (and the Illinois law under which he was charged only authorizes an involuntary maximum of $10,000) was very likely. Although there were “victims” who were “wrongfully arrested”, they were his co-conspirators, so ….
    4. It’s going to be like OJ, with a smaller group honestly believing he is innocent.
    5. Chicago has gone to the dogs, but Smollett is far, far, far from the worst thing happening.

    nk (dbc370)

  75. narciso, you read James Ellroy. What would his LA cops have done?

    nk (dbc370)

  76. Buried him in the desert. This prequel series that began with perfidia really drags (it’s the back story about Dudley Smith,)

    Narciso (2e8f38)

  77. Yes, there really are nitwits who equate Trump being cleared of collusion by a special prosecutor after a two year investigation costing million$ with throwing out 11 separate grand jury indictments based on a mountain of evidence.

    harkin (61b436)

  78. @80. If the Helsinki fits, own it.

    DCSCA (797bc0)

  79. 83… Ellroy’s American Tabloid knocked my socks off when I read it back in the 90s.

    Colonel Haiku (2601c0)

  80. @85. When you read the report; report back.

    DCSCA (797bc0)

  81. @71. Saw that Sammy; good get for CBS. Puddy-faced dude likely ended his career w/that one.

    DCSCA (797bc0)

  82. True, so did the cool 600, but the last one something rover was self indulgent and his short stories collections were dissapointing.

    Narciso (2e8f38)

  83. @85. Postscript; you really outta cut and paste that comment in Patterico’s new post– for context.

    DCSCA (797bc0)

  84. Anybody got Kim Foxx’s number, I got a Chicago ticket that needs fixing?

    bud (b48f3e)

  85. Anybody got Kim Foxx’s number, I got a Chicago ticket that needs fixing?

    If you don’t already have it, you’re a different kind of SOL, bud.

    nk (dbc370)

  86. only works with inlaws of angela davis, associates of kamala harris and Obama

    narciso (d1f714)

  87. “Jussie Smollett will probably resume his career as if nothing had happened”

    If the arrogant idiot had just acted a bit contrite, this would be over, bit NO.

    Neo (61269e)

  88. It might be over, but his career might be over too.

    Sammy Finkelman (102c75)


    Important points:

    The manner in which this case was dismissed was abnormal and unfamiliar to those who practice law in criminal courthouses across the State. Prosecutors, defense attorneys, and judges alike do not recognize the arrangement Mr. Smollett received. Even more problematic, the State’s Attorney and her representatives have fundamentally misled the public on the law and circumstances surrounding the dismissal.

    The public has the right to know the truth, and we set out to do that here.

    When an elected State’s Attorney recuses herself from a prosecution, Illinois law provides that the court shall appoint a special prosecutor. See 55 ILCS 5/3-9008(a-15). Typically, the special prosecutor is a neighboring State’s Attorney, the Attorney General, or the State Appellate Prosecutor. Here, the State’s Attorney kept the case within her office and thus never actually recused herself as a matter of law.

    Additionally, the Cook County State’s Attorney’s office falsely informed the public that the uncontested sealing of the criminal court case was “mandatory” under Illinois law. This statement is not accurate. To the extent the case was even eligible for an immediate seal, that action was discretionary, not mandatory, and only upon the proper filing of a petition to seal. See 20 ILCS 2630/5.2(g)(2). For seals not subject to Section 5.2(g)(2), the process employed in this case by the State’s Attorney effectively denied law enforcement agencies of legally required Notice (See 20 ILCS 2630/5.2(d)(4)) and the legal opportunity to object to the sealing of the file (See 20 ILCS 2630/5.2(d)(5)). The State’s Attorney not only declined to fight the sealing of this case in court, but then provided false information to the public regarding it.

    The appearance of impropriety here is compounded by the fact that this case was not on the regularly scheduled court call, the public had no reasonable notice or opportunity to view these proceedings, and the dismissal was done abruptly at what has been called an “emergency” hearing. To date, the nature of the purported emergency has not been publicly disclosed. The sealing of a court case immediately following a hearing where there was no reasonable notice or opportunity for the public to attend is a matter of grave public concern and undermines the very foundation of our public court system.

    Lastly, the State’s Attorney has claimed this arrangement is “available to all defendants” and “not a new or unusual practice.” There has even been an implication it was done in accordance with a statutory diversion program. These statements are plainly misleading and inaccurate. This action was highly unusual, not a statutory diversion program, and not in accordance with well accepted practices of State’s Attorney initiated diversionary programs. The IPBA supports diversion programs, and recognizes the many benefits they provide to the community, the defendant and to the prosecuting agency. Central to any diversion program, however, is that the defendant must accept responsibility. To be clear here, this simply was not a deferred prosecution.

    Sammy Finkelman (102c75)

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