Jussie Smollett charges dropped

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Sugar Magnolia
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Re: Jussie Smollett charges dropped

#51

Post by Sugar Magnolia »

Bill_G wrote:
Fri Mar 29, 2019 8:43 am
Have any agencies ever sent a bill for their investigation and prosecution efforts to the accused in any case anyone is aware of?
It seems that I remember a kidnapping case that was bogus and the cost of the investigation was charged back to the perpetrators but the details elude me to the point I can't even find it on google. I may have imagined it.

At one time, our city charged for burglar alarms they had to respond to more than twice in one month if the alarm was unfounded. It took several months but the faulty alarms that were going off multiple times a day were eventually fixed. I'm not sure they charge for false alarms any more though. (And yeah, I realize that isn't the same thing, but my mind wandered off.)

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Maybenaut
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Re: Jussie Smollett charges dropped

#52

Post by Maybenaut »

Bill_G wrote:
Fri Mar 29, 2019 8:43 am
Have any agencies ever sent a bill for their investigation and prosecution efforts to the accused in any case anyone is aware of?
I think this is a very interesting issue. My thoughts on Smollett are pretty clear (he's a piece of shit), but I'm not sure the city ought to be able to recoup the cost of the investigation. My concern, as always, is the effect that such a thing would have on the process. Suing people who make false reports for the cost of investigation (especially those who are still saying through their lawyers that they didn't make a false report) would likely have the undesired effect of discouraging real crime victims from reporting real crimes.

It's true that real crime victims are already under a threat of prosecution for filing a false police report if the cops later decide the report is false, but I think the different burdens of proof justify the distinction. If the cops don't believe the report but can't prove its falsity beyond a reasonable doubt, that really ought to be the end of it.
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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Whip
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Re: Jussie Smollett charges dropped

#53

Post by Whip »

Maybenaut wrote:
Fri Mar 29, 2019 11:07 am
If the cops don't believe the report but can't prove its falsity beyond a reasonable doubt, that really ought to be the end of it.
while it should be, it wouldn't stop a smear campaign for not automatically believing. the cops were getting bashed on another forum during the investigation because they had issues in the past which wasn't fair because they believed him.

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Kendra
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Re: Jussie Smollett charges dropped

#54

Post by Kendra »

A bit of a mix up with video of Smollett in front of Judge Judy.
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Dolly
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Re: Jussie Smollett charges dropped

#55

Post by Dolly »

Smollett declines to pay city of Chicago $130K for investigation costs

Jussie Smollett is refusing to reimburse Chicago for the money spent on investigating what authorities say was a hate crime hoax. The city now plans to pursue a civil complaint against the actor.

The city had requested $130,000 for the law enforcement resources spent after Smollett claimed he was beaten in a racially motivated attack by supporters of President Trump, which city officials have claimed was false. The deadline for Smollett to comply was Thursday.

The city's Department of Law said Thursday in a statement obtained by CLTV that prosecutors were in the process of drafting a lawsuit that would be filed in Cook County Circuit Court in an attempt to force Smollett to reimburse the police department.

"Mr. Smollett has refused to reimburse the City of Chicago for the cost of police overtime spent investigating his false police report on January 29, 2019," said city official Bill McCaffrey.

"The Law Department is now drafting a civil complaint that will be filed in the Circuit Court of Cook County. Once it is filed, the Law Department will send a courtesy copy of the complaint to Mr. Smollett’s Los Angeles-based legal team," he added.
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Maybenaut
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Re: Jussie Smollett charges dropped

#56

Post by Maybenaut »

According to The Washington Post, the city is suing Smollett to recover the $130,000 it cost to investigate.

https://www.washingtonpost.com/arts-ent ... 84351aac19
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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Re: Jussie Smollett charges dropped

#57

Post by fierceredpanda »

Maybenaut wrote:
Fri Apr 12, 2019 8:14 am
According to The Washington Post, the city is suing Smollett to recover the $130,000 it cost to investigate.

https://www.washingtonpost.com/arts-ent ... 84351aac19
This whole situation is highly unusual, but I have a huge philosophical problem with the precedent this would set. Government coming after people who have had charges against them dismissed (whether by a judge or on the prosecutor's motion), or who have been acquitted, or who have been the beneficiary of a hopelessly deadlocked jury, strikes me as a way to apply even more pressure to coerce criminal defendants into accepting bad plea bargains in order to avoid a financially disastrous lawsuit. It's essentially taking advantage of the lower burden of proof in civil court and presenting a "heads, I win; tails, you lose" dilemma to defendants, the vast, vast, vast majority of whom are not in Smollett's privileged financial position.

I actually had a city prosecutor try to extract financial restitution from a client of mine for the time spent by police conducting part of an investigation that the prosecutor thought could have been better spent doing something else. (The details are really neither here nor there.) It was a truly egregious abuse, and fortunately the city prosecutor thought better of it before we ended up in front of the municipal court judge and resolved the case by other means.

When there is already a widespread problem of a defendants taking bad deals or pleading to crimes they did not commit to avoid more catastrophic consequences (yes, it happens), this is precisely the last thing we need as a society right now.
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Maybenaut
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Re: Jussie Smollett charges dropped

#58

Post by Maybenaut »

I agree. And as I said previously, it would discourage real crime victims who may have credibility problems from reporting real crimes. And the difference in burdens of proof between civil and criminal prosecutions is sufficient, in my view. It provides victims the assurance that they can come forward with a report and will be held accountable only if that report is found to be false beyond a reasonable doubt on the one hand, while protecting society by discouraging false reports with severe sanctions on the other.

As much as a defense hack as I tend to be, I don’t want victims, even those with credibility problems, to fear coming forward.
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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MsDaisy
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Re: Jussie Smollett charges dropped

#59

Post by MsDaisy »

fierceredpanda wrote:
Fri Apr 12, 2019 8:23 am
Maybenaut wrote:
Fri Apr 12, 2019 8:14 am
According to The Washington Post, the city is suing Smollett to recover the $130,000 it cost to investigate.

https://www.washingtonpost.com/arts-ent ... 84351aac19
When there is already a widespread problem of a defendants taking bad deals or pleading to crimes they did not commit to avoid more catastrophic consequences (yes, it happens), this is precisely the last thing we need as a society right now.
Agreed, but just look at the state society is in these days, torch carrying Nazi's killed a woman in VA, an anti-semite slaughtered Jews in PA, crazy fucks with weapons of war are slaughtering children in schools all across the country, and we have an un-touchable mob boss and his crime family doing business in the White House. Nothing is shocking or even the least bit surprising these days, nothing. :(
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tencats
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Re: Jussie Smollett charges dropped

#60

Post by tencats »

City of Chicago Files Civil Complaint Against Jussie Smollett for Investigation Costs
April 12, 2019 9:09AM ET
https://www.rollingstone.com/culture/cu ... tt-821432/
The city of Chicago previously gave Smollett seven days to repay $130,106.15 bill stemming from the 1,836 overtime hours the police spent investigating the January 29th attack, CNN reports; at the time, the city of Chicago claims in its civil complaint, Smollett misled investigators by saying his attackers were white and staging the incident as a hate crime.

When Smollett, as expected, declined to reimburse the police department, the city filed the civil complaint, with the city also asking for a jury trial to determine Smollett’s damages. Under a current city code, Smollett could face more than $390,000 in damages as well as a $1,000 penalty for every false claim he told police.

Smollett’s lawyer Mark Geragos previously called the city of Chicago’s $130,000 bill an attempt to “harass and irreparably injure Mr. Smollett,” adding that the actor “will not be intimidated into paying” the fee. “Jussie has paid enough,” the lawyer said.

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Re: Jussie Smollett charges dropped

#61

Post by RTH10260 »

In Texts, Chicago Prosecutor Suggests Jussie Smollett Was Overcharged

12:27 PM PDT, April 17, 2019 - Inside Edition Staff

There are new calls for the resignation of Chicago prosecutor Kim Foxx in the wake of just-released text messages that reveal she did not recuse herself from the Jussie Smollett case as she said she would.

In a text, sent to an underling, she calls the “Empire” actor a "washed-up celeb."

She writes that Smollett “lied to cops 16 [times],” but then makes the case that even if he did "just because we can charge something doesn't mean we should."

She points out, singer R. Kelly, whom she calls a "pedophile with 4 victims," was indicted on 10 counts, while Smollett faced 16. (Kelly denies all allegations against him.)

She also texted, “I'm recused but when people accuse us of overcharging cases, 16 counts becomes exhibit A.”

Foxx's decision to drop all charges against Smollett four weeks ago led to a firestorm of controversy and she was blasted by both Chicago Mayor Rahm Emanuel and President Trump.


https://www.insideedition.com/texts-chi ... rged-52265

Jeffrey
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Re: Jussie Smollett charges dropped

#62

Post by Jeffrey »

https://www.theguardian.com/us-news/201 ... ate-latest
The suit alleges that Geragos and his firm continued to say publicly in widely reported statements that the brothers “led a criminally homophobic, racist and violent attack against Mr Smollett”, even though they knew that was not true.

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Res Ipsa
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Re: Jussie Smollett charges dropped

#63

Post by Res Ipsa »

Link to the referenced complaint here;

https://pmcdeadline2.files.wordpress.co ... uit-wm.pdf

I wish lawyers would stop pimping defamation cases as "someone said something about me which I don't like", because there is a fundamental silliness here.

These two are claiming that their reputations, earning prospects, etc. have been damaged by Smollett's lawyers going on TV and saying that the two of them attacked Smollett.

In some universe, that is more damaging than what they admit to be the case - that they were willing to get paid to fake a racist homophobic attack.

Oh boy, yes, I can see where that makes a huge difference about what I might think about them as cast members on my TV show! My goodness, these poor maligned boys are not freelance violent racist homophobes - nothing of the sort. They are a pair of wholesome pretend racist homophobes for hire. Well, alrighty then.

Idiots.

The one nice thing here is that perhaps it will give a lawyer some pause before they think about hitting the talk TV circuit to chat about their client's case, and make all of the "traditional lawyers" jealous that they are on TV.
Thanks pal.

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Re: Jussie Smollett charges dropped

#64

Post by Jeffrey »

https://wbbm780.radio.com/articles/judg ... lett-probe
A veteran Cook County Judge decided Friday that a special prosecutor will be appointed to look at how the Jussie Smollett case was handled by State’s Attorney Kim Foxx. Jussie Smollett could still face criminal charges.
They’re just gonna keep :deadhorse:

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Re: Jussie Smollett charges dropped

#65

Post by Jeffrey »

A special prosecutor will take a new look at the Jussie Smollett case, CBS Chicago reports. Former U.S. Attorney and Iran-Contra affair special counsel Dan Webb was tapped for the role, marking the sixth time he's been appointed special prosecutor in a case.

Webb said he plans on using a special grand jury to assist in the investigation and that grand jury could decide if new charges are warranted. "I'm starting this thing fresh today," Webb said.
https://www.cbsnews.com/news/jussie-smo ... 019-08-24/

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Re: Jussie Smollett charges dropped

#66

Post by tencats »

Jussie Smollett Indicted On Charges Related To Attack Police Called A Hoax
February 11, 2020 at 3:57 pm https://chicago.cbslocal.com/2020/02/11 ... -kim-foxx/
CHICAGO (CBS) — Actor Jussie Smollett has been indicted on new charges, according to sources with direct knowledge of the case, following a six-month investigation by a special prosecutor looking into police claims he paid two brothers to stage a fake hate crime against himself last year.

Cook County prosecutors last year dropped 16 disorderly conduct charges against Smollett, just over a month after Chicago police had accused him of orchestrating a hoax because he was upset with his salary on the TV show “Empire.”

Smollett, who is black and openly gay, had told police he was attacked as he was walking home around 2 a.m. on Jan. 29, 2019. He claimed two masked men – one of them also wearing a red hat – shouted racist and homophobic slurs as they beat him, put a noose around his neck, and poured a chemical on him.

Police said, in reality, Smollett had paid those two men, Ola and Abel Osundairo, $3,500 by check to stage the attack. But weeks after his arrest, prosecutors dropped charges against him, after he agreed to forfeit his $10,000 bail and performed 16 hours of community service, but did not admit any guilt.

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Re: Jussie Smollett charges dropped

#67

Post by Jeffrey »

My gut tells me that feels wrong.

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tencats
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Re: Jussie Smollett charges dropped

#68

Post by tencats »

In Chicago, the Next Act of the Jussie Smollett Saga Begins
February 25, 2020 / https://www.dailysignal.com/2020/02/25/ ... ga-begins/
Jussie Smollett was back in an Illinois court on Monday, and things are not looking good for the ambitious actor.

This time, an independent special prosecutor has filed a six-count felony indictment against Smollett in Chicago and his lawyers are crying foul, claiming the state already has prosecuted him for the same conduct.

It’s going to get interesting.

Before examining the new charges, and why the actor’s lawyers likely will fail to have them thrown out on grounds of double jeopardy, let’s review how we got here in the first place. https://www.dailysignal.com/2020/02/25/ ... ga-begins/

:snippity: At the arraignment Monday on the new charges, Smollett’s defense attorneys argued that he can’t be prosecuted again for the same crimes by the same sovereign government, and that doing so violates his constitutional right against double jeopardy.

According to news reports, his attorneys tried to halt the arraignment and seek the Illinois Supreme Court’s review of their motion to dismiss the new indictment. But the trial judge went ahead with the arraignment anyway, and Smollett entered a plea of not guilty.

His claims of double jeopardy won’t fly, because when Foxx dropped the initial charges (most likely without prejudice, meaning they could be refiled), Smollett never was formally found guilty or not guilty of those charges.

This means that the state is free to refile charges in the future, even the same charges.

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Re: Jussie Smollett charges dropped

#69

Post by Foggy »

Dafuq is an "independent special prosecutor"? Do I see a new career in Anthony Williams's future? :think:
For more information, read it again.

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Jeffrey
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Re: Jussie Smollett charges dropped

#70

Post by Jeffrey »

Not sure what they are in Chicago but down here they’re used for politicians.

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bob
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Re: Jussie Smollett charges dropped

#71

Post by bob »

Foggy wrote:
Wed Feb 26, 2020 6:29 am
Dafuq is an "independent special prosecutor"?
The judge appointed a special prosecutor, to take the case out of the Cook County prosecutors' hands.

(The "independent" bit is just bad newspaper writing editing.)
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Re: Jussie Smollett charges dropped

#72

Post by tencats »

Jussie Smollett's bid to get charges thrown out rejected by Illinois Supreme Court
Mar 6, 2020 | https://www.foxnews.com/entertainment/j ... reme-court
The Illinois Supreme Court rejected former "Empire" star Jussie Smollett's request to throw out charges that accuse him of staging a racist, homophobic attack in Chicago.

The ruling came Friday, along with the court's decision rejecting the actor's effort to remove the special prosecutor in the case.

Smollett’s lawyers argued in an emergency petition that Cook County Circuit Judge Michael Toomin overstepped his authority and misinterpreted the law when he ordered the appointment of a special prosecutor.

The court did not explain its decision to reject the arguments by Smollett’s lawyers.

Smollett. 37, was initially accused by Cook County prosecutors of falsely reporting to police that the alleged phony attack was real. Sixteen counts of disorderly conduct originally filed against him were dismissed and Toomin found Smollett’s first prosecution was invalid.

After another investigation by special prosecutor Dan Webb, six counts of the same charges we filed against Smollett, to which he pleaded not guilty last week.

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