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Jussie Smollet Trial

Puppycow said:
I don't believe that there was any mandatory community service as part of the deal. The only thing he forfeited was part of his bail money, I believe. If it was, it was "community service" only in the loosest sense of the word. Not the kind of community service that some people get "sentenced" to and hence mandatory (like picking up garbage under supervision).
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Thanks, this matches up with my understanding, which is that Foxx basically hand-waved some sort of "well, if you were convicted we'd have to give you community service, but you're doing that socially conscious book signing event or whatever, so we'll just say that counts, or would have counted, or something, and call the matter resolved."
 
But aren't there TWO points of getting it unsealed:

1) Was he guilty? ( yes)

2)Was there some kind if interference/bribery/ chicanery that let him evade a trail? We haven't discussed that aspect. Where are the prosecution's phone records?
 
casebro said:
But aren't there TWO points of getting it unsealed:

1) Was he guilty? ( yes)

2)Was there some kind if interference/bribery/ chicanery that let him evade a trail? We haven't discussed that aspect. Where are the prosecution's phone records?
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As to the second question, yes, it seems outrageous. However, under the doctrine of prosecutorial discretion I don't see what can be done about it, save for voters to hold it against her at the next election.

Unless there is evidence or probable cause to suspect bribery or some other crime on the part of the prosecutor. Poor judgment per se is not a crime. A prosecutor doesn't have to prosecute.
 
William Parcher said:
Smollett served no time. He was never in a jail cell.
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Actually, what's your source for this? The BBC reported the following:
Jussie Smollett arrested over false attack report (Date of publication 21 February 2019)

Mr Smollett turned himself in early on Thursday and is in custody of Chicago police, spokesman Anthony Guglielmi said.

He faces felony charges for disorderly conduct and filing a false police report.

The actor is being temporarily held at the Cook County Jail and has been separated from other prisoners, which is common of notable inmates, Chicago media report.
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Perhaps he was not being "held" in a jail cell? If memory serves, he was released later on the same day though.
 
Puppycow said:
As to the second question, yes, it seems outrageous. However, under the doctrine of prosecutorial discretion I don't see what can be done about it, save for voters to hold it against her at the next election.

Unless there is evidence or probable cause to suspect bribery or some other crime on the part of the prosecutor. Poor judgment per se is not a crime. A prosecutor doesn't have to prosecute.
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And if there was political influence involved? Wasn't somebody a former something for somebody? Hillary or Obama?
 
Puppycow said:
As to the second question, yes, it seems outrageous. However, under the doctrine of prosecutorial discretion I don't see what can be done about it, save for voters to hold it against her at the next election.

Unless there is evidence or probable cause to suspect bribery or some other crime on the part of the prosecutor. Poor judgment per se is not a crime. A prosecutor doesn't have to prosecute.
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And if there was political influence involved? Wasn't somebody up the chain a former something for somebody? Hillary or Obama?
 
Puppycow said:
Actually, what's your source for this? The BBC reported the following:
Jussie Smollett arrested over false attack report (Date of publication 21 February 2019)

Perhaps he was not being "held" in a jail cell? If memory serves, he was released later on the same day though.
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The term "held" just means that he can't leave the building until procedures happen. He was processed, mugshot, fingerprints - then he posted bond and walked out. It didn't take long at all and the press waited outside for the whole thing. He was never inside a cell.

ABC 7 News said:
CPD officials released a portion of its investigative file in the Jussie Smollett case to the ABC7 I-Team on Wednesday in response to a FOIA request. In the 61 pages of field reports, CPD detective chronicle their steps in the investigation and their contact with key players in the case, including Smollett.

In the file, Chicago Police officials write that after Smollett turned himself in at the 1st District, Smollett's attorney asked if he could be released from custody if he promised to show up at bond court. After a CPD sergeant told his attorney that would not be possible, Smollett was searched, fingerprinted and photographed. He was placed in an unmarked police vehicle with tinted windows. The report states that "at no time while in the 001st District, was SMOLLETT handcuffed, placed in a cell or subjected to the media."

When CPD detectives arrived at the Cook County Jail, Smollett was kept in the police vehicle until the jail "receiving area was empty and free from other prisoners." According to the report, Smollett asked that he could "be kept segregated and housed alone until his attendance in bond court" - a request that was honored.
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https://abc7news.com/whats-inside-the-cpd-jussie-smollett-investigative-file/5220482/
 
William Parcher said:
The term "held" just means that he can't leave the building until procedures happen. He was processed, mugshot, fingerprints - then he posted bond and walked out. It didn't take long at all and the press waited outside for the whole thing. He was never inside a cell.
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Thanks for the clarification.
 
Puppycow said:
I think you refer to Tina Tchen, former chief of staff for former First Lady Michelle Obama.

https://chicago.suntimes.com/2019/5/29/18644617/tina-tchen-fight-jussie-smollett-subpoena-hate-crime

What actual relevance that has is unclear though. She is now in private practice.
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Political connections are political connections. It seems like there was probably a Smollett-Harris-Obama-Foxx axis of influence that was brought to bear on this case. Smollett provides celebrity support for Harris's anti-lynching proposal. When his shenanigans in "MAGA country" start to cause blowback for Harris, an Obama political operative calls the prosecutor and the next thing you know it's all being swept under the rug.
 
theprestige said:
Political connections are political connections. It seems like there was probably a Smollett-Harris-Obama-Foxx axis of influence that was brought to bear on this case. Smollett provides celebrity support for Harris's anti-lynching proposal. When his shenanigans in "MAGA country" start to cause blowback for Harris, an Obama political operative calls the prosecutor and the next thing you know it's all being swept under the rug.
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Yup. Now we need Foxx's phone records.
 
If Smollett wasn't prosecuted, there is no double jeopardy involved ?
 
Isn't sending prohibited substances through the mail, which is a Fed. charge, still potentially on the table?


Norm
 
casebro said:
If Smollett wasn't prosecuted, there is no double jeopardy involved ?
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Since it never went to trial (although he was indicted by a grand jury) my understanding is that he could still be prosecuted as long as it's still within the statute of limitation.
fromdownunder said:
Isn't sending prohibited substances through the mail, which is a Fed. charge, still potentially on the table?


Norm
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That too, conceivably, but we haven't really heard anything on that front. Maybe the feds aren't interested.
 
The letter is the oddball thing here, imo.

It seems to be the biggest crime committed during this whole kerfuffle, yet we seem to have radio silence on it.

Typically using the mail that way is vigorously prosecuted.

The stamps are cancelled, so it was mailed.

But we only hear crickets...
 
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LTC8K6 said:
The letter is the oddball thing here, imo.

It seems to be the biggest crime committed during this whole kerfuffle, yet we seem to have radio silence on it.

Typically using the mail that way is vigorously prosecuted.

The stamps are cancelled, so it was mailed.

But we only hear crickets...
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The letter is a different crime. Committed at a different place and time, investigated by a different agency in a different jurisdiction.

None of the reporting about the horrifying attack is going to have anything to say about the letter.
 
And the letter wasn't all that long ago. It will be five months next week. That's not too long for real life vs a TV crime drama.
 
One theory I've heard is that because Foxx did not properly recuse herself, her office's deal with Smollett is invalid, and he is still liable for prosecution, without incurring double jeopardy.
 
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