Actor’s charges dropped, but police, mayor outraged
CHICAGO MAYOR, POLICE RILED AFTER CHARGES DROPPED AGAINST ACTOR ACCUSED OF HOAX
Prosecutors on Tuesday dropped all charges against Jussie Smollett, an astonishing reversal that the “Empire” actor called vindication, but that the Chicago mayor angrily dismissed as a “whitewash” of allegations that Smollett lied about being the target of a racist, anti-gay attack.
Authorities said they still believe Smollett concocted the attack, and they offered little explanation for the decision to abandon the case barely five weeks after charges were filed. In return for the dismissal, Smollett agreed to do community service and to forfeit the $10,000 he paid to get out of jail.
The mayor and police chief blasted the move and stood by the investigation that concluded Smollett staged a hoax. Mayor Rahm Emanuel lashed out at Smollett, saying he had dragged 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 insisted 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 also said it was not an exoneration.
In some dropped cases, prosecutors will insist the defendant accept at least a measure of responsibility. Outside court, neither Smollett nor his legal team appeared to concede anything.
Defence 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 is in his final weeks in office after two terms, said the hoax could endanger other gay people who report hate crimes.
“Now this casts a shadow of whether they’re telling the truth, and he did this all in the name of self-promotion,” he said.
Police Superintendent Eddie Johnson stood by the investigation and 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.
Chicago police union’s president alleges that the county’s top prosecutor interfered with the investigation and wants the Justice Department to determine if she broke any laws.
Kevin Graham wrote the Justice Department following reports that Cook County State’s Attorney Kim Foxx asked the police superintendent to let the FBI investigate Smollett’s allegations after the former chief of staff to former first lady Michelle Obama informed Foxx that Smollett’s family had concerns about the probe.
The police kept the investigation and Foxx recused herself.
“This situation is totally bizarre. It’s highly, highly unusual,” said Phil Turner, a Chicago defence attorney and former federal prosecutor with no ties to the case.
THIS SITUATION IS TOTALLY BIZARRE. IT’S HIGHLY, HIGHLY UNUSUAL.
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.”
Smollett was accused of falsely reporting that he was attacked around 2 a.m. on Jan. 29 in downtown Chicago. Investigators said he made the report because he was unhappy with his pay on “Empire” and believed it would promote his career.
The actor plays the gay character Jamal Lyon on the hit Fox TV show.
Smollett said two masked men confronted him on his way home from a sandwich shop, 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 and allegedly paid them $3,500.
The men are brothers Abimbola “Abel” and Olabinjo “Ola” Osundairo, and one of them had worked on “Empire.” Their attorney has said the brothers agreed to help Smollett.