Get to the truth, finally
Five months after actor Jussie Smollett’s alleged staging of a hate crime in Chicago, unanswered questions surrounding the prosecution of his case finally will be answered. It’s about time.
Cook County Judge Michael Toomin’s ruling ordering a special prosecutor to investigate why the office of State’s Attorney Kim Foxx dropped
16 charges against Smollett embodies a crucial principle: to get to the truth in criminal cases. Cook County citizens are entitled to an honest administration of justice, not one driven by celebrity and connections. The local and national suspicion that someone improperly cut a sweet deal for the actor—a deal not available to other Cook County defendants—continues to suffuse this case.
It’s now possible that Smollett, the one-time lead actor in the Chicago-based Fox series Empire, could get charged anew, this time by the special prosecutor. This case is not over nor should it be. It has undercut the morale of Chicago Police Department detectives, cost the city more than $130,000, and raised questions about the competence of Cook County prosecutors who wield great influence over which cases to pursue.
The special prosecutor, yet to be named by Toomin, will have a wide mandate. The individual may investigate “the actions of any person or office involved in all aspects of the
case,” Toomin said, and could recharge Smollett or bring an indictment against anyone else if there were reasonable grounds to do so.
To briefly recap: Foxx’s office abruptly dropped charges against Smollett in late March after he allegedly faked a hate crime against him. On one of the coldest days of 2019, Smollett on Jan. 29 claimed supporters of President Donald Trump attacked him in his Streeterville neighborhood, shouted slurs, hit him in the face, tossed an unknown substance on him and put a rope around his neck.
That story began to unwind, however. The two alleged perpetrators, brothers Olabinjo and Abimbola “Abel” Osundairo, had ties to Smollett. There were phone records, store receipts, cab rides and peculiarities that led investigators to suspect a plot. And then a grand jury charged Smollett with 16 criminal counts for allegedly filing a false police report, disorderly conduct and lying to police. Foxx’s office, however, dropped all charges at an unannounced court hearing and with no notice to the CPD investigators. The court file immediately was sealed. And Smollett walked.
An outsider with the power to extract answers under oath can clear up many questions.
Getting to the truth justifies this independent investigation. In a case loaded with bad calls, Judge Toomin made a good one.