Foxx said that the deal, which essentially wipes Smollett’s record clear, was not a sign that the prosecution case was weak or that Smollett was innocent, and said similar low-level felony defendants are cut the same breaks.
That should be easy enough to verify. What percentage of first time offenders have the charges dropped for the level of crime Smollett is accused of.
I don’t know if it would be considered double jeopardy to reopen the case but Smollett’s continued insistence that he was attacked constitutes a false charge against the 2 men in question or the public at large.
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.
He had already done the community service before the case against him was dropped. He volunteered for 2 days at Jesse Jackson’s civil rights organization (Rainbow Push) selling civil rights gear & giving high school students advice about social media.
I must have thousands of banked hours of community service at this point (church, Boy Scouts, gun rights groups, various community organizations, etc). The going rate in Chicago appears to be about 1.1 hours of community service per felony, right?
I must have misunderstood your post, but when you asked “how likely is it that this restitution happens?”, I thought the restitution you were asking about was community service.
Ah; yes, you misunderstood. If I had meant community service, I would have said “community service”. I was asking about the $130,000 restitution that the Chicago PD is now seeking from Mr. Smollett; I should have been more specific. And I was asking because at the moment, it seems to me that their chances of collecting that $130,000 is very close to zero, if not actually zero.
Gotcha. And I just read the demand letter that was sent to Smollett from the city of Chicago & it basically says pay up, or we’ll take further ‘legal action’. I am not certain what legal remedies are available to them, now that charges have been dropped. Would love to hear from anyone in-the-know out there.
Missed edit window, as my pasta was boiling…but anyway, where was I? The letter did cite municipal code violations/remedies, but “legal experts” on the news said those didn’t apply since charges had been dropped & records had been sealed.
Question: Can the city of Chicago subpoena the sealed court records if they need them to prove they didn’t defame/falsely arrest him?
ETA: Pool that’s an interesting question. I don’t know either.
Somewhere said that they are allowed to ask for up to triple damages. So if he refuses to pay the $130,00000, they can demand $390,000 that he will refuse to pay.
It’s caught up in national cultural politics now, so the potential for vitriol is almost limitless. Witness the Orange Hairdo in Chief getting involved, and expressing more outrage than he did over actual killings.
I’m pissed at Smollett, and I think he’s an asshole. But I don’t particularly want prison time for him. We put too many people in prison already. In fact, I’d be happy wit a fine and community service or probation.
But to get that, he should have to plead guilty and admit that he did it. As it stands now, he gets off and still gets to (try to) maintain his innocence.
