AP

Smollett case tests relationship between police, prosecutors

Mar 30, 2019, 9:30 AM

FILE - In this Feb. 22, 2019, file photo, Cook County State's Attorney Kim Foxx, right, speaks at a...

FILE - In this Feb. 22, 2019, file photo, Cook County State's Attorney Kim Foxx, right, speaks at a news conference as Chicago Police Superintendent Eddie Johnson listens in Chicago. The outrage was swift and overwhelming: How could prosecutors in Chicago drop charges against former "Empire" cast member Jussie Smollett for allegedly orchestrating a fake attack and allow him to wipe his record clean without so much as an apology? But for all of the public outrage, the Chicago Police Department and Cook County State's Attorney's Office insist their relationship is strong, even if they didn't agree on the outcome in Smollett's case. (AP Photo/Kiichiro Sato, File)

(AP Photo/Kiichiro Sato, File)

CHICAGO (AP) — When prosecutors dropped the charges that accused Jussie Smollett of orchestrating a fake attack, the outrage was swift and overwhelming. Smollett saw his record wiped clean without offering so much as an apology.

Mayor Rahm Emanuel blasted the decision as a “whitewash of justice” and billed Smollett $130,000 for the cost of the police investigation. President Donald Trump called it a “national embarrassment” and promised a federal probe. The Illinois Prosecutors Bar Association said it was “an affront” to prosecutors across the state.

But for all of the public fury, the two agencies that handled the case — the Chicago Police Department and the Cook County State’s Attorney’s Office — insist their relationship is strong, even if they didn’t agree on the outcome.

“I’ve heard people saying the relationship is broken and fractured, but that is absolutely, patently false,” police spokesman Anthony Guglielmi said. “This is like a marriage, and these relationships need work. But at the end of the day, we all at heart are crime fighters.”

The person who has taken the most heat for the decision is State’s Attorney Kim Foxx, who was elected in 2016 on a promise to reform an office that many believed was too quick to help police put minorities in prison. She said she recused herself from Smollett’s case before he was charged because she had spoken with a Smollett family member when he was still considered a victim.

Even so, she defended the decision of her top assistant to drop the charges in exchange for Smollett’s agreement to forfeit his $10,000 bail payment.

She said Smollett never would have gone to prison because the 16 charges were the lowest possible form of felony, “a step up from a misdemeanor,” and prosecutors needed to focus their resources on violent crime. She said Smollett was offered the same deal as many other defendants who don’t have a criminal record.

Smollett, who is black and gay, claimed he was attacked and beaten by two masked men who shouted slurs and yelled, “This is MAGA country,” an apparent reference to President Donald Trump’s campaign slogan, “Make America Great Again.” Smollett also said the men doused him with a chemical and put a noose around his neck.

Police worked for weeks to unravel the case, eventually concluding that Smollett paid two brothers $3,500 to stage the Jan. 29 attack because he hoped it would promote his career.

Prosecutors “cannot be influenced by politics or celebrity,” and cases should be decided on their merits and independent of police influence, Foxx told television station WGN.

Even though Smollett’s case did not call for jail time, his alleged actions were “nothing short of despicable and shameful,” said Craig Futterman, a University of Chicago Law School professor who has long criticized what he calls the cozy relationship between the police department and previous state’s attorneys.

Smollett should have been “made an example,” including requiring him to admit his actions, said Futterman, who also praised Foxx for scrutinizing cases more closely.

The actor maintains his innocence and says he was unfairly treated by police.

Foxx’s office also should have explained its decision to police before charges were dropped “as a common courtesy,” Futterman said.

Emanuel and Police Superintendent Eddie Johnson learned of the decision shortly before it became public, while attending a police cadet graduation ceremony.

Foxx told WGN that she spoke to Johnson both during the investigation and after her office’s decision to drop the charges.

“I think our relationship is one of mutual respect,” she said. “We share a commitment to this city.”

Guglielmi credited Foxx with changes that have improved the relationship between police and prosecutors and improved the chances of obtaining convictions, including teaching officers how to write better reports. He also said she put prosecutors inside police districts every day to “get involved on the front-line level” on cases such as gun offenses.

Even so, rank-and-file police officers were infuriated by the Smollett decision. The Fraternal Order of Police planned to protest the dismissal Monday outside the state’s attorney’s office, but said nobody was available Friday to comment.

Coincidentally, Foxx and Johnson likely owe their jobs to the same case.

Emanuel fired former Police Superintendent Garry McCarthy in 2015 following the release of dashcam footage showing a white police officer fatally shooting 17-year-old Laquan McDonald, who had only a small knife. He hired Johnson, a lifelong Chicagoan and career police officer, to lead the department in 2016, hoping he could help repair trust between the police and residents.

Foxx defeated two-term State’s Attorney Anita Alvarez, whose loss was attributed to voter outrage following release of the video, which showed officer Jason Van Dyke shooting McDonald 16 times. Alvarez did not charge Van Dyke with murder for 13 months, and the charges came just hours before the video was made public under a court order.

Van Dyke was convicted of second-degree murder in October and was sentenced in January to less than seven years in prison with the possibility of going free in three years with credit for good behavior. Three other officers who were charged with lying about the shooting to protect Van Dyke were acquitted by a judge in January.

Futterman questioned Emanuel’s reaction to Smollett’s case, saying the mayor did not address false arrests, civil rights violations and the police code of silence “until his hand was forced.” He said blaming Smollett for harming the city’s reputation is unfounded.

“I think this case says more about Smollett than it does about Chicago,” Futterman said. “This as a solid investigation that the Chicago Police Department can stand behind. I don’t see Smollett’s own shameful actions as being a stain on Chicago.”

Johnson, for his part, says he’s ready to put the Smollett case behind him.

“Cops are resilient people,” he told the Chicago Sun-Times on Friday. “We go to court all the time and don’t get the outcomes that we’re looking for. We’re accustomed to it. … We move on.”

 

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

AP

The steel frame of the Francis Scott Key Bridge sits on top of the container ship Dali after the br...

Nick Perry

Baltimore bridge collapse puts the highly specialized role of ship’s pilot under the spotlight

The highly specialized role — in which a pilot temporarily takes control of a ship from its regular captain — is coming under the spotlight this week.

4 hours ago

Shopping carts are parked outside a Home Depot in Philadelphia...

MICHELLE CHAPMAN AP Business Writer

Home Depot buying supplier to professional contractors in a deal valued at about $18.25 billion

Home Depot will buy SRS Distribution, a materials provider for professionals, in a deal valued at approximately $18.25 billion.

5 hours ago

WASHINGTON, DC - JANUARY 4: A view of the U.S. Supreme Court on Thursday morning January 4, 2024 in...

MARK SHERMAN

Supreme Court again confronts the issue of abortion, this time over access to widely used pill

Two years after the Supreme Court overturned Roe v. Wade and cleared the way for bans or severe restrictions on abortion in many Republican-led states, abortion opponents on Tuesday will ask the high court to ratify a ruling from a conservative federal appeals court that would limit access to the medication mifepristone, which was used in nearly two-thirds of all abortions in the United States last year.

3 days ago

File - The Instagram logo is seen on a cell phone in Boston, USA, Oct. 14, 2022. Instagram has star...

Associated Press

New Instagram feature limits display of political content

Instagram has started an automatic clamp down on the amount of political content appearing in its users' feeds.

4 days ago

ghost army Congressional gold medal ceremony...

JAMIE STENGLE Associated Press

Ghost Army members who staged secret WWII battlefield deceptions awarded Congressional Gold Medal

Three of the seven known surviving members attended the ceremony at the U.S. Capitol.

7 days ago

Brigham Young Cougars center Aly Khalifa (50) shoots against the UCF Knights at the Marriott Center...

DAVE SKRETTA AP Basketball Writer

BYU’s Aly Khalifa heads into March Madness without food or water while observing Ramadan

It is a fast Khalifa is embarking on willingly, yet one that carries with it unusual challenges during the NCAA Tournament.

8 days ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

Smollett case tests relationship between police, prosecutors