Jussie Smollett
Chicago prosecutors were so eager to protect
Jussie Smollett, they took the
ethically-questionable step of telling cops to stop investigating him — and they even let the actor’s lawyers
dictate what to say in court in dropping the charges, according to bombshell new documents.
The embattled Chicago State’s Attorney Office — which was supposedly picking up the probe from cops after Smollett’s indictment in the suspected phony race-hate attack — also never even requested the evidence that cops had built their case around, according to documents released by the Chicago Police Department on Thursday.
Prosecutors bent over backwards to keep Smollett’s lawyers happy, texts released by the state’s attorney’s office Friday night show.
“We are still bouncing around language to use in court tomorrow,” Risa Lanier, chief of the criminal prosecutions bureau, texted Smollett lawyer Patricia Brown Holmes on March 25, on the eve of the charges being dropped.
“As soon as I receive the final draft I will send it to you,” she promised.
Five hours later, Lanier does send the draft statement, apologizing, “Sorry for the delay.”
Smollett’s lawyer then complains that the prosecutors’ draft statement makes it sound too much like the actor is getting a deal — like the charges are being dropped in return for his doing 15 hours community service.
The prosecutor makes the requested adjustment, adding in a return text, “I will state this instead. This doesn’t indicate or suggest that he has done anything at the request if [sic] the state.”
To which Smollett’s lawyer answers: “I like this one. Thanks.”
The revelations mark still more instances where the Cook County prosecutor’s office run by Kim Foxx appeared to straddle ethical lines and break protocol.
The documents also detail the police department’s discussions with Lanier over the case well before the charges were dropped.
Shortly after a grand jury
handed up a 16-count felony disorderly conduct indictment against Smollett, the cops were told by the prosecutor’s office that “they could no longer investigate the crime,” documents said.
Law-enforcement sources told The Post on Friday that the directive was highly unusual and the prosecutor’s office “had no authority” to ask cops to get off the case. But police followed the order.
The cops added that they were told to hand over all of the evidence and items left on their “to do” list to Lanier whenever asked, according to the
massive public-records dump.
That same day, Lanier told police she’d “likely” send a request for the evidence by March 11. She never did, the records show.
The documents also shine a light on how the police department was apparently duped by Foxx’s office into thinking Smollett would be prosecuted after all.
The black “Empire’’ TV star was accused of lying to cops that he was beaten by a pair of Trump-loving white men on a desolate street corner near his house Jan. 29 in a bid for publicity.
On the same day cops were asked to stop investigating, Lanier told them she felt that the case would be “settled” with community service and a $10,000 fine. This led police to finish their final detective report with the words “CLEAR CLOSED ARRESTED PROSECUTION,” under the impression “settled” meant there would be an acknowledgment of guilt, the papers stated.
The
police were blindsided when news eventually broke that all
charges against Smollett were dropped, with little explanation and no acknowledgment of guilt. This led Chicago’s top police union to
call on Foxx to step down over her handling of the case, which is currently being investigated by the city’s inspector general at Foxx’s request.
Later, public records obtained by The Post and other outlets also showed that Foxx continued to meddle in the Smollett case even after she recused herself.
In releasing some 2,000 documents connected to the Smollett case Friday, Foxx also released the following statement:
“This has been a unique case from the very beginning, where the victim became the suspect during the investigation. Allegations of a vicious homophobic and racially motivated attack shook our city and the nation with understandable anger and fear.
I did not have a conflict of interest in this case; only a sincere desire to serve the community. I spoke with Mr. Smollett’s family and others while he was still considered to be the victim of a hate crime in an effort to streamline the case and alleviate any concerns about the integrity of the investigation.
False rumors circulated that I was related or somehow connected to the Smollett family, so I removed myself from all aspects of the investigation and prosecution and delegated my authority and responsibility to my First Assistant so as to avoid even the perception of a conflict.
I regret that my attempts to this end created confusion outside the office. The public’s trust is paramount to our work. That is why today I am releasing material above and beyond what is required. It is my sincere hope that this transparency and the ongoing investigation of the Cook County Independent Inspector General will provide guidance and lessons on how to serve you better. I am sorry that despite the best intentions, our efforts were less than what was required of the moment.”
