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Old 03-28-2019, 04:34 PM
Magiver is offline
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Join Date: Apr 2003
Location: Dayton Ohio USA
Posts: 28,750
Quote:
Originally Posted by Enola Gay View Post
Not that easy, apparently. The following email was circulated internally at the State's Attorney's Office on Tuesday. They are in major damage control mode, and while they have disposed of 5700 other felony cases with 'alternative prosecution', none have yet been found that have been handled like Smollett's case was handled.

Most importantly, the agreement was 'verbal' and he admitted NO wrong doing. In fact, he's doubled down by insisting he is innocent & is considering suing the City of Chicago and Chicago Police Department. If they do find any other such case, then they are as incompetent as can be. But I highly doubt any other accused felon had charges dropped without a formal plea agreement, including admission of guilt and agreement not to sue the city or PD for wrongful arrest.
IANAL but I think the wall in front of the fan just got a stucco coating.

If Smollett tries to sue the city then they would be forced to present the evidence they gathered. Even if double-jeopardy stops them from prosecuting him they can use it to sustain their original case.