Smollett faces 6-count indictment—as Webb questions Foxx handling of case - Crain's Chicago Business

Special Prosecutor Dan Webb plans to further prosecute actor Jussie Smollett, with a grand jury returning a six count indictment of disorderly conduct for lying about a hate crime in January 2019. While Webb said he disagreed with Cook County State’s Attorney Kim Foxx’s handling of the case, he has not yet concluded whether the office engaged in wrongdoing. 

Webb’s investigation began Aug. 23, 2019 at the request of Cook County Circuit Court Judge Michael Toomin. He was tasked with determining whether Smollett should be further prosecuted for false reports to Chicago Police and whether any person or office involved in the case — including the Cook County State's Attorney — engaged in wrongdoing. 

Webb said “the grand jury’s investigation revealed that Jussie Smollett planned and participated in a staged hate crime attack, and thereafter made numerous false statements to Chicago Police Department officers on multiple occasions, reporting a heinous hate crime that he, in fact, knew had not occurred.”

In a release Tuesday, Webb said a “major factor” in determining Smollett should face further prosecution is that Foxx’s office had been unable to provide him with documentation that its dismissal of Smollett’s case “relied on other disposition of similar cases prior to the Smollett case that would justify” her office’s decision to drop charges against the actor.

"As the Cook County State's Attorney's Office does in all cases, the Special Prosecutor reviewed the facts, evidence, and the law, and determined charges were appropriate in this matter," Foxx's office said in a statement. "We are unable to comment further as the matter is pending and continue to cooperate fully with the Special Prosecutor’s investigation."

Foxx’s office believed it had strong evidence against Smollett, according to Webb, but on March 26, 2019, they dismissed their 16-count felony indictment. The actor performed 15 hours of community service and forfeited his $10,000 bond. He did not admit guilt and did not have to participate in the State’s Attorney Deferred Prosecution Program, which would have included a year under court oversight. 

“The CCSAO decision-makers overseeing the Smollett resolution decision have not identified any new evidence they learned of between the time of indictment and dismissal of the indictment that changed their view that the evidence against Mr. Smollett was strong,” Webb said. 

Webb said he has not yet reached a conclusion as to whether anyone in Foxx’s office or elsewhere engaged in wrongdoing. It's unclear whether that investigation will wrap up before the March 17 primary, in which Foxx faces 3 Democratic challengers: Bill Conway, Bob Fioretti, and Donna More.

Foxx's re-election campaign questioned the timing of the release: "The Cook County State’s Attorney’s office charged Jussie Smollett with multiple counts, and today the Special Prosecutor did the same. What’s questionable here is the James Comey-like timing of that charging decision, just 35 days before an election, which can only be interpreted as the further politicization of the justice system, something voters in the era of Donald Trump should consider offensive."

Smollett’s arraignment is scheduled for Feb. 24.

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Smollett faces 6-count indictment—as Webb questions Foxx handling of case - Crain's Chicago Business
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