Posted on 03/29/2019 6:40:46 PM PDT by BlackFemaleArmyColonel
The City of Chicago on Thursday warned Empire actor Jussie Smollett that he could be prosecuted for lying if he fails to repay the the six-figure cost of the Chicago Police Departments investigation into his alleged hate hoax in the next seven days.
In a letter written by Edward Siskel, Chicago Mayor Rahm Emanuels senior legal adviser, Smollett is accused of making false statements, which led law enforcement to divert resources from other investigations and undermining the criminal justice system.
Jussie Smollett reiterated Tuesday that he was innocent of staging a racist and homophobic attack against himself in downtown Chicago after the Cook County States Attorneys surprise decision to drop 16 charges against the actor for filing a false police report on the incident. Speaking outside a Chicago courtroom, he maintained he had been truthful and consistent on every single level since day one.
Siskels letter, which was sent to the office of Smollets attorney, Patricia Brown Holmes, states that Chicago police investigation revealed that [Smollett] knowingly filed a false police report and had in fact orchestrated your own attack. Further, Smollett is requested to issue an immediate payment of the $130,160.15 expended on overtime hours in the investigation of this matter, to be made within one week.
The letter continues that if the actor doesnt resolve the amount owed to the City of Chicago Corporate Counsel, he could be prosecuted by the Department of Law and slapped with a fine of up to $1,000, plus up to three times the amount of damages the city sustains as a result of the violation.
City officials say at least $150,000 was spent on the case.
(Excerpt) Read more at breitbart.com ...
How long will Cap’ Crunch stay good in a zip lock bag? I stay up late over this....
this sounds like extortion to me ... police should charge this nimrod if they think he committed a crime or not charge him at all ... how in the hell can the POLICE legally take a payoff for NOT charging someone for a crime they think he committed?
The latest buzz is she screwed up so badly prior to disposing of the case....that dropping everything was her only option to cover it all up.
The National District Attorneys Association ‘heavily criticized’ Kim Foxx in a statement:
“First:.....when a chief prosecutor recuses him or herself, the recusal must apply to the entire office, not just the elected or appointed prosecutor. This is consistent with best practices for prosecutors’ offices around the country.”
“Second:.... prosecutors should not take advice from politically connected friends of the accused. Each case should be approached with the goal of justice for victims while protecting the rights of the defendant.”
“Third:......when a prosecutor seeks to resolve a case through diversion or some other alternative to prosecution, it should be done so with an acknowledgement of culpability on the part of the defendant. A case with the consequential effects of Mr. Smollett’s should NOT be resolved without a finding of guilt or innocence.”
“Fourth:.....expunging Mr. Smollett’s record at this immediate stage is counter to transparency. Law enforcement will now not be able to acknowledge that Mr. Smollett was indicted and charged with these horrible crimes and the full record of what occurred will be forever hidden from public view.”
(Finally, we believe strongly that hate crimes should be prosecuted vigorously but the burden of proof should not be artificially increased due to the misguided decisions of others.)
IPBA STATEMENT ON JUSSIE SMOLLETT CASE DISMISSAL
Illinois Prosecutors Bar Association ^ | 28 Mar 2019 2:49 PM | Lee Roupas, President, IPBA
FR Posted on 3/29/2019 by FreedomPoster
The Illinois Prosecutors Bar Association serves as the voice for nearly 1,000 front line prosecutors across the State who work tirelessly towards the pursuit of justice. The events of the past few days regarding the Cook County States Attorneys handling of the Jussie Smollett case is not condoned by the IPBA, nor is it representative of the honest ethical work prosecutors provide to the citizens of the State of Illinois on a daily basis.
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 States 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 States 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 States Attorney, the Attorney General, or the State Appellate Prosecutor. Here, the States Attorney kept the case within her office and thus never actually recused herself as a matter of law.
Additionally, the Cook County States Attorneys 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 States 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 States 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 States 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 States 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.
Prosecutors must be held to the highest standard of legal ethics in the pursuit of justice. The actions of the Cook County States Attorney have fallen woefully short of this expectation. Through the repeated misleading and deceptive statements to the public on Illinois law and circumstances surrounding the Smollett dismissal, the States Attorney has failed in her most fundamental ethical obligations to the public. The IPBA condemns these actions.
This irregular arrangement was an affront to prosecutors across the State, the Chicago Police Department, victims of hate crimes, and the people of the City of Chicago and Cook County. We strongly encourage our members and the public to review the National District Attorneys Associations statement on prosecutorial best practices in high profile cases.
Best Regards,
Lee Roupas President, Illinois Prosecutors Bar Association
ACTION NOW: REPORT ILLINOIS LAWYERS FOR POSSIBLE WRONGDOING IN SMOLLETT CASE
CONTACT: Illinois Attorney Registration and Disciplinary Commission
If the office of the lawyer involved is in northern Illinois, please send the request to our Chicago office:
One Prudential Plaza
130 East Randolph Drive, Suite 1500
Chicago, IL 60601-6219
(312) 565-2600 (800) 826-8625
Fax: (312) 565-2320
In central or southern Illinois, we ask that you send the request to our Springfield office:
3161 West White Oaks Drive, Suite 301
Springfield, IL 62704
(217) 546-3523 Toll free (800) 252-8048
Fax: (217) 546-3785
If Smollett committed a crime, charge him with one. If he didn't, or you don't think you can prove one, let him go. It's pretty simple. I believe it's called "due process."
This is blatant corruption.
As a life long bookkeeper/accounting person, I had a big laugh at the 15 cents in the total.
Wrong. He was in fact prosecuted aNd charged with 16 felonies. In calif felonies can be filed again. Misdemeanor charges once dismissed are gone forever and do ct as double jeopardy.
[[He wasnt convicted, so its not double jeopardy. The dismissal and reinstatement of charges isnt the same as being acquitted in court,]]
Awesome if true- but i think you meant ‘acquitted’-
Donna Brazille was on ingrah’s show tonight defending smollet- sayign she is ‘confused’ because ‘she heard someone may have attacked him in white-face’- it was disgusting-
Fox news is getting unwatchable
Before it’s over they’re going to turn him into a modern day Rosa Parks.
He’ll probably wind up in Lord Zero’s old Senate seat.
Disgusting.
Jerry: "Well, your tip is four dollars and thirty-six point six six six six cents."
Morty: "We'll round down."
That is extortion. As much as I despise Smollett, you cant threaten prosecution in exchange for repayment of a debt. If he lied, they should prosecute him for lying whether he pays the bill or not.
All charges have been dropped. now the police are demanding he pay 130k or they will bring new charges? Im pretty sure thats extortion. Im starting to root for Smollet. Corrupt government and police are far far worse than libtard actors pulling fake crime stunts.
People say that Rahm Emanuel’s “anger” over this is fake - just for PR purposes. I don’t think so.
Smollett has some friends in high places. Emanuel seems to be opponents of whoever these people are who requested and arranged the dismissal of Smollett’s charges.
This is getting interesting.
Coverup involving dirtbags from Hellwood to Chiraq.
Seems like a blatant offer to let him purchase his way out...no trial = no conviction = no double jeopardy...they need to get rid of the prosecutor and nail is @$$.
Post #23 is The logical answer. It is the winner!
He’s short on cash, having paid off the prosecutors to drop the charges. The Chicago way.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.