CAPTAIN MEDUSA: added headings
[[Image:Jussie Smollett 2018.png|thumb|[[Jussie Smollett]]]]
On January 29, 2019, American actor [[Jussie Smollett]] told police that he was attacked in the early morning at the 300 block of East Lower North Water Street in [[Chicago]]'s [[Streeterville]] by two men in [[ski mask]]s who called him [[List of ethnic slurs|racial]] and [[Homophobia|homophobic]] slurs.<ref name="CNN attack"/> On February 20, 2019, Smollett was indicted for [[disorderly conduct]] consisting of allegedly paying two Nigerian-American brothers to stage a fake [[hate crime]] assault on him and filing a false police report.<ref></ref> Smollett's defense team reached a deal with prosecutors on March 26, 2019, in which all charges were dropped in return for Smollett performing community service and forfeiting his $10,000 bond.<ref name="ChicagoTribune" /> On March 27, 2019, it was announced that the [[Federal Bureau of Investigation|FBI]] would be investigating as to why the charges were dismissed.<ref name=fbiinvestigation></ref>
==Background==
On January 22, 2019, a letter arrived at the Chicago studio of Smollett's employer that was addressed to Smollett and depicted a [[stick figure]] hanging from a tree with a gun pointing towards it. It read "Smollett, Jussie you will die" and "[[Make America Great Again|MAGA]]" and contained a white powder determined to be [[Tylenol (brand)|Tylenol]].<ref name=letter/> On January 29, 2019, Smollett said that he was attacked in the early morning of that day in the 300 block of East Lower North Water Street in [[Chicago]]'s [[Streeterville]] neighborhood,<ref name="NYT Timeline 2-17-2019"></ref> in what was initially investigated as a [[hate crime]].<ref name="CNN attack"></ref><ref name="CBS 2019-01-29 23:57"></ref> The Chicago Police later determined Smollett orchestrated the attack.<ref></ref>
Smollett told police that he was attacked outside his apartment building by two men in [[ski mask]]s who called him [[List of ethnic slurs|racial]] and [[Homophobia|homophobic]] slurs, and said "This is MAGA country", referencing President [[Donald Trump]]'s slogan "[[Make America Great Again]]"<ref name="CNN attack"/> and used their hands, feet, and teeth as weapons in the assault.<ref name="original_case_incident_report"></ref><ref></ref> According to a statement released by the [[Chicago Police Department]], the two suspects then "poured an unknown liquid" on Smollett and put a [[noose]] around his neck.<ref></ref> Smollett said that he fought them off. Smollett was treated at [[Northwestern Memorial Hospital]]; not seriously injured, he was released "in good condition" later that morning.<ref name="CNN attack"/><ref name="Variety attack"></ref><ref></ref> The police were called after 2:30 am;<ref></ref> when they arrived around 2:40 am, Smollett had a white rope around his neck.<ref name="Washington Post 2019-01-30"></ref> Smollett said that the attack may have been motivated by his criticism of the [[presidency of Donald Trump|Trump administration]]<ref></ref> and that he believed that the alleged assault was linked to the threatening letter that was sent to him earlier that month.<ref name=letter/>
==Public reaction to incident==
On January 30, 2019, public figures expressed support for Smollett on [[social media]].<ref name="CBS 2019-01-29 23:57"/><ref name="them. 2019-01-30"></ref> Entertainment industry figures, including [[Shonda Rhimes]] and [[Viola Davis]], tweeted their outrage over the attack and support for Smollett.<ref name="them. 2019-01-30"/> [[Democratic Party (United States)|Democratic]] senators and presidential candidates [[Kamala Harris]] and [[Cory Booker]] both described the attack as an attempted modern-day [[lynching in the United States|lynching]].<ref></ref> Booker urged Congress to pass a federal anti-lynching bill co-sponsored by him and Harris.<ref name="them. 2019-01-30"/><ref></ref> In an interview with [[April Ryan]] of [[American Urban Radio Networks|AURN]], President Trump was asked about Smollett being attacked and said, "I think that's horrible. It doesn't get worse."<ref></ref> Smollett faced skepticism regarding his claim of being attacked;<ref name=doubters/> he responded by saying that he believed that, if he had said his attackers were Mexicans, Muslims, or black people, "the doubters would have supported me much more ... And that says a lot about the place that we are in our country right now."<ref name=doubters></ref>
==Investigation==
On February 13, Chicago police raided the home of two "persons of interest" in the case. The men are brothers, of [[Nigeria]]n descent, who have acted as [[film extra|extras]] on ''Empire''. Police recovered bleach and other items from the home.<ref></ref> The brothers were held in [[Pre-trial detention|police custody]] on suspicion of [[Battery (crime)|battery]] but were not charged.<ref name="Annie Sweeney" /> According to the brothers' attorney, they know Smollett from working on the show, and have also spent time with him at a gym.<ref name="Annie Sweeney" /> The two men were released February 15 without being charged with a crime,<ref name="additional work" /><ref></ref> with Chicago Police Department spokesman Anthony Guglielmi stating their release was "due to new evidence" from the interrogations.<ref name="additional work"></ref>
The Chicago Police Department later told [[ABC News]]: "Police are investigating whether the two individuals committed the attack—or whether the attack happened at all."<ref></ref> On February 16, two unnamed Chicago police sources informed [[CNN]] that Chicago police had discovered evidence indicating that Smollett had paid the two brothers $3,500 to stage the attack.<ref></ref><ref></ref> Financial records indicate that the brothers purchased the rope found around Smollett's neck at a hardware store in [[Ravenswood, Chicago|Ravenswood]] over the weekend of January 25.<ref></ref><ref></ref> They were seen in security camera footage in a clothing store where they bought the gloves, ski masks and a red hat that police said was used in the attack. The brothers asked specifically for a [[Make America Great Again|MAGA]] hat, which the store doesn't sell.<ref></ref> Chicago Police reached out to Smollett's attorney for additional questioning.<ref name="Annie Sweeney"></ref>
The [[FBI]] began investigating whether Smollett was involved in the threatening letter that was sent to him the week before the incident.<ref name=letter></ref>
On February 19, 2019, [[Cook County State's Attorney]] [[Kim Foxx]] announced that she had [[recused]] herself from the investigation, due to her "familiarity with potential witnesses in the case", a move that prompted criticism from her predecessor, [[Anita Alvarez]].<ref name="sam charles"></ref><ref></ref> Recusing herself would have required her to ask the court to appoint an outside attorney as a special prosecutor. Since she merely passed the case to someone on her staff, she was still responsible for its outcome.<ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref>Liquid error: wrong number of arguments (2 for 1)</ref>
Police alleged that Smollett staged the attack because he was dissatisfied with his pay on ''Empire''.<ref>Liquid error: wrong number of arguments (1 for 2)</ref>
Smollett hired [[crisis management|crisis manager]] Chris Bastardi to represent him.<ref></ref>
==Criminal charges and arrest==
On February 20, 2019, Smollett was charged by a [[Grand juries in the United States|grand jury]] with a class 4 [[felony]] for [[Making false statements|filing a false police report]].<ref name="Sopan Deb"> </ref><ref name="Ray Sanchez"></ref><ref name="IndictedMercuryNews"></ref> Smollett’s felony count charge in Illinois carries a maximum sentence of three years in prison.<ref name="Sopan Deb" /> Smollett has hired attorney [[Mark Geragos]] in addition to Chicago-based attorneys Todd Pugh and Victor Henderson to work on his legal defense.<ref></ref>
The next day, Smollett surrendered himself at the Chicago Police Department's Central Booking station.<ref></ref> Shortly thereafter, CPD spokesman Anthony Guglielmi stated that Smollett "is under arrest and in the custody of detectives".<ref></ref> Guglielmi also said that Smollett was named as suspect in a criminal investigation for filing a fake police report, under a class 4 felony.<ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref></ref>
Later that day, Chicago Police Superintendent [[Eddie T. Johnson]] held a [[press conference]], gave details of the investigation, and explained how the department concluded that the alleged assault was staged.<ref name=":0"/> Chicago PD believe that Smollett staged the attack as a [[publicity stunt]] meant to further his career, as he was not satisfied with his salary.<ref name=":0"></ref><ref></ref> The brothers who say they helped stage the attack said that Smollett had the idea to fake the crime after the threatening letter he received did not receive as much attention as he wanted it to.<ref></ref> Police alleged that the actor intended to further his career by tying the incident to [[racism in the United States]] and President Trump, and that Smollett sent himself the threatening letter.<ref name=":0" />
Judge John Fitzgerald Lyke Jr. set Smollett's [[bail]] at $100,000; a friend of the actor paid a $10,000 bond, and Smollett was released from [[Remand (detention)|custody]] on February 21.<ref></ref><ref></ref><ref></ref> Smollett was required to surrender his [[United States passport|passport]].<ref></ref>
[[File:Grand_Jury_16-Count_Indictment.pdf|thumb|Grand jury indictment]]
On March 8, Smollett was indicted on 16 [[felony]] counts of "false report of offense" related to the incident.<ref>[https://cbsloc.al/30w3oao Jussie Smollett grand jury indictment] [[CBS News]], March 8, 2019</ref><ref>[https://abc7ne.ws/2VzoroA Jussie Smollett indicted on 16 felony counts by grand jury] ''[[ABC News]]'', March 8, 2019 </ref><ref>[http://bit.ly/30y1Cpp Jussie Smollett indicted on 16 counts over allegedly phony claims of racist, homophobic attack] Megan Crepeau, ''[[Chicago Tribune]]'', March 9, 2019</ref><ref>[http://bit.ly/2VwR6Li Jussie Smollett indicted on 16 counts of falsifying a police report] Gabe Schneider, [[Vox Media]], March 9, 2019</ref> On March 14, 2019, Smollett and his legal team entered a not guilty plea at the Leighton Criminal Court Building in Chicago.<ref></ref><ref></ref><ref></ref>
==Reaction after arrest and arraignment==
Smollett's character was subsequently removed from the final two episodes of [[Empire (season 5)|''Empire'' fifth season]]. Those episodes had not yet been aired.<ref name=removed></ref> The studio stated on April 30, 2019 that “at this time there are no plans for the character of Jamal to return to ''Empire''.”<ref name="empire to end">
[http://bit.ly/30y1CWr ‘Empire’ To End After Upcoming Season 6; Still “No Plans” For Jussie Smollett Return] ''Deadline'', Dominic Patten, May 13, 2019</ref> Fox announced that ''Empire'' will be canceled at the end of Season 6.<ref name="empire to end" />
Smollett claims he has an untreated drug problem—his use of [[MDMA|ecstasy]]. He also said he does not have issues with alcohol or his mental health.<ref></ref><ref></ref>
Following Smollett's arraignment, Chicago Police Superintendent [[Eddie T. Johnson]] held a press conference in which he spoke about Smollett, asking, "Why would anyone, especially an African-American man, use the symbolism of a noose to make false accusations? How can an individual who's been embraced by the city of Chicago turn around and slap everyone in the city in the face with these false claims?" He further called the accusations "a scar" that "Chicago...didn't earn."<ref></ref>
During a public statement, Chicago police spokesman Anthony Guglielmi said, "Allegations against Mr. Smollett are shameful and if proven, they are an affront to the people of Chicago who embraced him as a neighbor and respected him as a role model... We stand behind the work of our detectives."<ref name = 20190313nbcchicago>[[NBC]] Chicago, [http://bit.ly/2VBNEyO Jussie Smollett Update: Texts, Emails Reveal Foxx Asked Johnson to Turn Investigation Over to FBI], March 13, 2019</ref>
It was reported that a former Obama era aide, a Chicago attorney, [[Tina Tchen]], who served as former first lady [[Michelle Obama]]'s [[chief of staff]] and others, were contacted to try to convince them to "Reach out to FBI to ask that they take over the investigation" in lieu of the Chicago Police Department, which was agreed upon. A Smollett family member responded, "Omg this would be a huge victory."<ref> ''[[New York Post]]'', [https://nyp.st/30y1E0v Former Michelle Obama aide tried to intervene in Jussie Smollett probe], March 14, 2019</ref> In text messages, Foxx told an unknown person who contacted her through Tchen, that she "spoke to the superintendent" and was "trying to figure out logistics".<ref name=20190313nbcchicago />
Commentators have compared the alleged incident to the [[Tawana Brawley rape allegations]] and other [[racial hoax]]es.<ref></ref><ref name=AJCColumn></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref>
==Controversy over charges being dropped==
[[File:Police_Report_Files.pdf|thumb|Police report files on Smollet's case]]
On March 26, 2019, all charges filed against Smollett were dropped, with Judge Steven Watkins ordering the public court file [[record sealing|sealed]].<ref name="ChicagoTribune"></ref><ref></ref> First Assistant State's Attorney Joseph Magats said the office reached a deal with Smollett's defense team in which prosecutors dropped the charges upon Smollett performing 16 hours of [[community service]]<ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref></ref><ref></ref> and forfeiting his $10,000 [[bail bond|bond]].<ref></ref><ref name="Tyler"></ref><ref name="Madhani"></ref> The FBI is continuing to investigate the threatening letter which the Chicago police had alleged Smollet sent to himself.
The Illinois Prosecutors Bar Association said that the dismissal was "highly unusual", and that 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", and said that several of the statements made by Foxx regarding the handling of the case were false or misleading.<ref></ref> The National District Attorneys Association released a statement saying that a prosecutor should not take advice from politically connected friends of the accused, should not recuse herself without recusing the entire office, and noted that "a case with the consequential effects of Mr. Smollett's should not be resolved without a finding of guilt or innocence."<ref></ref>
Magats made a statement saying that the decision was not an exoneration of Smollett, "we stand behind the investigation, we stand behind the decision to charge him [...] The fact that [Smollett] feels that we have exonerated him, we have not. I can't make it any clearer than that". The [[mayor of Chicago]], [[Rahm Emanuel]], strongly criticized the decision saying it was a "whitewash of justice" and that "From top to bottom, this is not on the level." Police superintendent Johnson said that justice was not served.<ref name="ChicagoTribune" /><ref></ref>
On March 27, 2019, the Chicago Police Department released the [[sanitization (classified information)|redacted]] police reports associated to the case.<ref></ref> It was announced that the [[Federal Bureau of Investigation|FBI]] is investigating why the charges were dismissed.<ref></ref> The hearing to expunge Smollett's record was delayed on March 27.<ref></ref> In April 2019 mayor-elect [[Lori Lightfoot]] said in a statement: “We’ve got a lot of things on our plate, a lot of pressing issues that are truly affecting people’s lives. This doesn’t rank as a matter of any importance to me.”<ref>[http://bit.ly/2VzotwI Chicago Mayor-Elect Lori Lightfoot Confirms Jussie Smollett's Case 'Doesn't Rank as a Matter of Any Importance'] ''The Root'', Tonja Renée Stidhum,
4/15/19</ref>
==Lawsuits==
On March 28, 2019, Chicago city attorneys under the guidance of Mayor Emanuel and Police Superintendent Johnson, sent Smollett a [[demand letter]], requiring him to repay the city the sum of $130,106.15 "expended on overtime hours in the investigation of this matter". The letter warned that if this amount is not paid, then the Chicago Department of Law could prosecute Smollett for the alleged false statements to the City or "pursue any other legal remedy available at law". Under a cited statute, Smollett could face a fine of up to three times the [[damages]] the City sustained as a result of false statements. The city could also seek recovery of court costs, collection costs, and attorney fees.<ref></ref> A court would have to determine whether Smollett is liable under the statute using the standard of [[Burden_of_proof_(law)#Preponderance_of_the_evidence|preponderance of evidence]].<ref></ref> Smollett could be sued for $390,000 as the law allows for triple damages in the case of false reports. <ref>Liquid error: wrong number of arguments (2 for 1)</ref><ref></ref>
On April 12, 2019, the city of Chicago filed a lawsuit in the Circuit Court of Cook County against Smollett for the cost of overtime authorities expended investigating the alleged attack, specified in the complaint as $130,105.15.<ref name="ABCE7N20190412">Liquid error: wrong number of arguments (1 for 2)</ref><ref>Liquid error: wrong number of arguments (1 for 2)</ref> The suit further asked that Smollett be found liable for $1,000 "for each false statement he made to the city, in addition to three times the amount of the damages that the city sustained."<ref name="ABCE7N20190412" /> According to a local news legal analyst, the discovery process would be of interest to the public as city attorneys would be seeking evidence for the civil trial, stating "They'll get tape recordings. They'll get video surveillance, they'll get phone records and they'll take depositions."<ref name="ABCE7N20190412" />
On April 23, 2019, the two brothers involved in the incident filed a federal defamation lawsuit against Smollett's legal team.<ref></ref><ref></ref>
==References==
[[Category:African-American-related controversies]]
[[Category:2019 controversies in the United States]]
[[Category:Media bias controversies]]
On January 29, 2019, American actor [[Jussie Smollett]] told police that he was attacked in the early morning at the 300 block of East Lower North Water Street in [[Chicago]]'s [[Streeterville]] by two men in [[ski mask]]s who called him [[List of ethnic slurs|racial]] and [[Homophobia|homophobic]] slurs.<ref name="CNN attack"/> On February 20, 2019, Smollett was indicted for [[disorderly conduct]] consisting of allegedly paying two Nigerian-American brothers to stage a fake [[hate crime]] assault on him and filing a false police report.<ref></ref> Smollett's defense team reached a deal with prosecutors on March 26, 2019, in which all charges were dropped in return for Smollett performing community service and forfeiting his $10,000 bond.<ref name="ChicagoTribune" /> On March 27, 2019, it was announced that the [[Federal Bureau of Investigation|FBI]] would be investigating as to why the charges were dismissed.<ref name=fbiinvestigation></ref>
==Background==
On January 22, 2019, a letter arrived at the Chicago studio of Smollett's employer that was addressed to Smollett and depicted a [[stick figure]] hanging from a tree with a gun pointing towards it. It read "Smollett, Jussie you will die" and "[[Make America Great Again|MAGA]]" and contained a white powder determined to be [[Tylenol (brand)|Tylenol]].<ref name=letter/> On January 29, 2019, Smollett said that he was attacked in the early morning of that day in the 300 block of East Lower North Water Street in [[Chicago]]'s [[Streeterville]] neighborhood,<ref name="NYT Timeline 2-17-2019"></ref> in what was initially investigated as a [[hate crime]].<ref name="CNN attack"></ref><ref name="CBS 2019-01-29 23:57"></ref> The Chicago Police later determined Smollett orchestrated the attack.<ref></ref>
Smollett told police that he was attacked outside his apartment building by two men in [[ski mask]]s who called him [[List of ethnic slurs|racial]] and [[Homophobia|homophobic]] slurs, and said "This is MAGA country", referencing President [[Donald Trump]]'s slogan "[[Make America Great Again]]"<ref name="CNN attack"/> and used their hands, feet, and teeth as weapons in the assault.<ref name="original_case_incident_report"></ref><ref></ref> According to a statement released by the [[Chicago Police Department]], the two suspects then "poured an unknown liquid" on Smollett and put a [[noose]] around his neck.<ref></ref> Smollett said that he fought them off. Smollett was treated at [[Northwestern Memorial Hospital]]; not seriously injured, he was released "in good condition" later that morning.<ref name="CNN attack"/><ref name="Variety attack"></ref><ref></ref> The police were called after 2:30 am;<ref></ref> when they arrived around 2:40 am, Smollett had a white rope around his neck.<ref name="Washington Post 2019-01-30"></ref> Smollett said that the attack may have been motivated by his criticism of the [[presidency of Donald Trump|Trump administration]]<ref></ref> and that he believed that the alleged assault was linked to the threatening letter that was sent to him earlier that month.<ref name=letter/>
==Public reaction to incident==
On January 30, 2019, public figures expressed support for Smollett on [[social media]].<ref name="CBS 2019-01-29 23:57"/><ref name="them. 2019-01-30"></ref> Entertainment industry figures, including [[Shonda Rhimes]] and [[Viola Davis]], tweeted their outrage over the attack and support for Smollett.<ref name="them. 2019-01-30"/> [[Democratic Party (United States)|Democratic]] senators and presidential candidates [[Kamala Harris]] and [[Cory Booker]] both described the attack as an attempted modern-day [[lynching in the United States|lynching]].<ref></ref> Booker urged Congress to pass a federal anti-lynching bill co-sponsored by him and Harris.<ref name="them. 2019-01-30"/><ref></ref> In an interview with [[April Ryan]] of [[American Urban Radio Networks|AURN]], President Trump was asked about Smollett being attacked and said, "I think that's horrible. It doesn't get worse."<ref></ref> Smollett faced skepticism regarding his claim of being attacked;<ref name=doubters/> he responded by saying that he believed that, if he had said his attackers were Mexicans, Muslims, or black people, "the doubters would have supported me much more ... And that says a lot about the place that we are in our country right now."<ref name=doubters></ref>
==Investigation==
On February 13, Chicago police raided the home of two "persons of interest" in the case. The men are brothers, of [[Nigeria]]n descent, who have acted as [[film extra|extras]] on ''Empire''. Police recovered bleach and other items from the home.<ref></ref> The brothers were held in [[Pre-trial detention|police custody]] on suspicion of [[Battery (crime)|battery]] but were not charged.<ref name="Annie Sweeney" /> According to the brothers' attorney, they know Smollett from working on the show, and have also spent time with him at a gym.<ref name="Annie Sweeney" /> The two men were released February 15 without being charged with a crime,<ref name="additional work" /><ref></ref> with Chicago Police Department spokesman Anthony Guglielmi stating their release was "due to new evidence" from the interrogations.<ref name="additional work"></ref>
The Chicago Police Department later told [[ABC News]]: "Police are investigating whether the two individuals committed the attack—or whether the attack happened at all."<ref></ref> On February 16, two unnamed Chicago police sources informed [[CNN]] that Chicago police had discovered evidence indicating that Smollett had paid the two brothers $3,500 to stage the attack.<ref></ref><ref></ref> Financial records indicate that the brothers purchased the rope found around Smollett's neck at a hardware store in [[Ravenswood, Chicago|Ravenswood]] over the weekend of January 25.<ref></ref><ref></ref> They were seen in security camera footage in a clothing store where they bought the gloves, ski masks and a red hat that police said was used in the attack. The brothers asked specifically for a [[Make America Great Again|MAGA]] hat, which the store doesn't sell.<ref></ref> Chicago Police reached out to Smollett's attorney for additional questioning.<ref name="Annie Sweeney"></ref>
The [[FBI]] began investigating whether Smollett was involved in the threatening letter that was sent to him the week before the incident.<ref name=letter></ref>
On February 19, 2019, [[Cook County State's Attorney]] [[Kim Foxx]] announced that she had [[recused]] herself from the investigation, due to her "familiarity with potential witnesses in the case", a move that prompted criticism from her predecessor, [[Anita Alvarez]].<ref name="sam charles"></ref><ref></ref> Recusing herself would have required her to ask the court to appoint an outside attorney as a special prosecutor. Since she merely passed the case to someone on her staff, she was still responsible for its outcome.<ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref>Liquid error: wrong number of arguments (2 for 1)</ref>
Police alleged that Smollett staged the attack because he was dissatisfied with his pay on ''Empire''.<ref>Liquid error: wrong number of arguments (1 for 2)</ref>
Smollett hired [[crisis management|crisis manager]] Chris Bastardi to represent him.<ref></ref>
==Criminal charges and arrest==
On February 20, 2019, Smollett was charged by a [[Grand juries in the United States|grand jury]] with a class 4 [[felony]] for [[Making false statements|filing a false police report]].<ref name="Sopan Deb"> </ref><ref name="Ray Sanchez"></ref><ref name="IndictedMercuryNews"></ref> Smollett’s felony count charge in Illinois carries a maximum sentence of three years in prison.<ref name="Sopan Deb" /> Smollett has hired attorney [[Mark Geragos]] in addition to Chicago-based attorneys Todd Pugh and Victor Henderson to work on his legal defense.<ref></ref>
The next day, Smollett surrendered himself at the Chicago Police Department's Central Booking station.<ref></ref> Shortly thereafter, CPD spokesman Anthony Guglielmi stated that Smollett "is under arrest and in the custody of detectives".<ref></ref> Guglielmi also said that Smollett was named as suspect in a criminal investigation for filing a fake police report, under a class 4 felony.<ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref></ref>
Later that day, Chicago Police Superintendent [[Eddie T. Johnson]] held a [[press conference]], gave details of the investigation, and explained how the department concluded that the alleged assault was staged.<ref name=":0"/> Chicago PD believe that Smollett staged the attack as a [[publicity stunt]] meant to further his career, as he was not satisfied with his salary.<ref name=":0"></ref><ref></ref> The brothers who say they helped stage the attack said that Smollett had the idea to fake the crime after the threatening letter he received did not receive as much attention as he wanted it to.<ref></ref> Police alleged that the actor intended to further his career by tying the incident to [[racism in the United States]] and President Trump, and that Smollett sent himself the threatening letter.<ref name=":0" />
Judge John Fitzgerald Lyke Jr. set Smollett's [[bail]] at $100,000; a friend of the actor paid a $10,000 bond, and Smollett was released from [[Remand (detention)|custody]] on February 21.<ref></ref><ref></ref><ref></ref> Smollett was required to surrender his [[United States passport|passport]].<ref></ref>
[[File:Grand_Jury_16-Count_Indictment.pdf|thumb|Grand jury indictment]]
On March 8, Smollett was indicted on 16 [[felony]] counts of "false report of offense" related to the incident.<ref>[https://cbsloc.al/30w3oao Jussie Smollett grand jury indictment] [[CBS News]], March 8, 2019</ref><ref>[https://abc7ne.ws/2VzoroA Jussie Smollett indicted on 16 felony counts by grand jury] ''[[ABC News]]'', March 8, 2019 </ref><ref>[http://bit.ly/30y1Cpp Jussie Smollett indicted on 16 counts over allegedly phony claims of racist, homophobic attack] Megan Crepeau, ''[[Chicago Tribune]]'', March 9, 2019</ref><ref>[http://bit.ly/2VwR6Li Jussie Smollett indicted on 16 counts of falsifying a police report] Gabe Schneider, [[Vox Media]], March 9, 2019</ref> On March 14, 2019, Smollett and his legal team entered a not guilty plea at the Leighton Criminal Court Building in Chicago.<ref></ref><ref></ref><ref></ref>
==Reaction after arrest and arraignment==
Smollett's character was subsequently removed from the final two episodes of [[Empire (season 5)|''Empire'' fifth season]]. Those episodes had not yet been aired.<ref name=removed></ref> The studio stated on April 30, 2019 that “at this time there are no plans for the character of Jamal to return to ''Empire''.”<ref name="empire to end">
[http://bit.ly/30y1CWr ‘Empire’ To End After Upcoming Season 6; Still “No Plans” For Jussie Smollett Return] ''Deadline'', Dominic Patten, May 13, 2019</ref> Fox announced that ''Empire'' will be canceled at the end of Season 6.<ref name="empire to end" />
Smollett claims he has an untreated drug problem—his use of [[MDMA|ecstasy]]. He also said he does not have issues with alcohol or his mental health.<ref></ref><ref></ref>
Following Smollett's arraignment, Chicago Police Superintendent [[Eddie T. Johnson]] held a press conference in which he spoke about Smollett, asking, "Why would anyone, especially an African-American man, use the symbolism of a noose to make false accusations? How can an individual who's been embraced by the city of Chicago turn around and slap everyone in the city in the face with these false claims?" He further called the accusations "a scar" that "Chicago...didn't earn."<ref></ref>
During a public statement, Chicago police spokesman Anthony Guglielmi said, "Allegations against Mr. Smollett are shameful and if proven, they are an affront to the people of Chicago who embraced him as a neighbor and respected him as a role model... We stand behind the work of our detectives."<ref name = 20190313nbcchicago>[[NBC]] Chicago, [http://bit.ly/2VBNEyO Jussie Smollett Update: Texts, Emails Reveal Foxx Asked Johnson to Turn Investigation Over to FBI], March 13, 2019</ref>
It was reported that a former Obama era aide, a Chicago attorney, [[Tina Tchen]], who served as former first lady [[Michelle Obama]]'s [[chief of staff]] and others, were contacted to try to convince them to "Reach out to FBI to ask that they take over the investigation" in lieu of the Chicago Police Department, which was agreed upon. A Smollett family member responded, "Omg this would be a huge victory."<ref> ''[[New York Post]]'', [https://nyp.st/30y1E0v Former Michelle Obama aide tried to intervene in Jussie Smollett probe], March 14, 2019</ref> In text messages, Foxx told an unknown person who contacted her through Tchen, that she "spoke to the superintendent" and was "trying to figure out logistics".<ref name=20190313nbcchicago />
Commentators have compared the alleged incident to the [[Tawana Brawley rape allegations]] and other [[racial hoax]]es.<ref></ref><ref name=AJCColumn></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref>
==Controversy over charges being dropped==
[[File:Police_Report_Files.pdf|thumb|Police report files on Smollet's case]]
On March 26, 2019, all charges filed against Smollett were dropped, with Judge Steven Watkins ordering the public court file [[record sealing|sealed]].<ref name="ChicagoTribune"></ref><ref></ref> First Assistant State's Attorney Joseph Magats said the office reached a deal with Smollett's defense team in which prosecutors dropped the charges upon Smollett performing 16 hours of [[community service]]<ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref></ref><ref></ref> and forfeiting his $10,000 [[bail bond|bond]].<ref></ref><ref name="Tyler"></ref><ref name="Madhani"></ref> The FBI is continuing to investigate the threatening letter which the Chicago police had alleged Smollet sent to himself.
The Illinois Prosecutors Bar Association said that the dismissal was "highly unusual", and that 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", and said that several of the statements made by Foxx regarding the handling of the case were false or misleading.<ref></ref> The National District Attorneys Association released a statement saying that a prosecutor should not take advice from politically connected friends of the accused, should not recuse herself without recusing the entire office, and noted that "a case with the consequential effects of Mr. Smollett's should not be resolved without a finding of guilt or innocence."<ref></ref>
Magats made a statement saying that the decision was not an exoneration of Smollett, "we stand behind the investigation, we stand behind the decision to charge him [...] The fact that [Smollett] feels that we have exonerated him, we have not. I can't make it any clearer than that". The [[mayor of Chicago]], [[Rahm Emanuel]], strongly criticized the decision saying it was a "whitewash of justice" and that "From top to bottom, this is not on the level." Police superintendent Johnson said that justice was not served.<ref name="ChicagoTribune" /><ref></ref>
On March 27, 2019, the Chicago Police Department released the [[sanitization (classified information)|redacted]] police reports associated to the case.<ref></ref> It was announced that the [[Federal Bureau of Investigation|FBI]] is investigating why the charges were dismissed.<ref></ref> The hearing to expunge Smollett's record was delayed on March 27.<ref></ref> In April 2019 mayor-elect [[Lori Lightfoot]] said in a statement: “We’ve got a lot of things on our plate, a lot of pressing issues that are truly affecting people’s lives. This doesn’t rank as a matter of any importance to me.”<ref>[http://bit.ly/2VzotwI Chicago Mayor-Elect Lori Lightfoot Confirms Jussie Smollett's Case 'Doesn't Rank as a Matter of Any Importance'] ''The Root'', Tonja Renée Stidhum,
4/15/19</ref>
==Lawsuits==
On March 28, 2019, Chicago city attorneys under the guidance of Mayor Emanuel and Police Superintendent Johnson, sent Smollett a [[demand letter]], requiring him to repay the city the sum of $130,106.15 "expended on overtime hours in the investigation of this matter". The letter warned that if this amount is not paid, then the Chicago Department of Law could prosecute Smollett for the alleged false statements to the City or "pursue any other legal remedy available at law". Under a cited statute, Smollett could face a fine of up to three times the [[damages]] the City sustained as a result of false statements. The city could also seek recovery of court costs, collection costs, and attorney fees.<ref></ref> A court would have to determine whether Smollett is liable under the statute using the standard of [[Burden_of_proof_(law)#Preponderance_of_the_evidence|preponderance of evidence]].<ref></ref> Smollett could be sued for $390,000 as the law allows for triple damages in the case of false reports. <ref>Liquid error: wrong number of arguments (2 for 1)</ref><ref></ref>
On April 12, 2019, the city of Chicago filed a lawsuit in the Circuit Court of Cook County against Smollett for the cost of overtime authorities expended investigating the alleged attack, specified in the complaint as $130,105.15.<ref name="ABCE7N20190412">Liquid error: wrong number of arguments (1 for 2)</ref><ref>Liquid error: wrong number of arguments (1 for 2)</ref> The suit further asked that Smollett be found liable for $1,000 "for each false statement he made to the city, in addition to three times the amount of the damages that the city sustained."<ref name="ABCE7N20190412" /> According to a local news legal analyst, the discovery process would be of interest to the public as city attorneys would be seeking evidence for the civil trial, stating "They'll get tape recordings. They'll get video surveillance, they'll get phone records and they'll take depositions."<ref name="ABCE7N20190412" />
On April 23, 2019, the two brothers involved in the incident filed a federal defamation lawsuit against Smollett's legal team.<ref></ref><ref></ref>
==References==
[[Category:African-American-related controversies]]
[[Category:2019 controversies in the United States]]
[[Category:Media bias controversies]]
from Wikipedia - New pages [en] http://bit.ly/2WQjYiU
via IFTTT
No comments:
Post a Comment