Jussie Smollett has lost his legal fight to get his latest charges dropped — while the controversial state’s attorney who first tried to end the case slammed the “bulls–t” decision to obsess over the actor’s “prank.”
Lawyers for the embattled former “Empire” star argued in an emergency petition that a judge overstepped his authority and misinterpreted the law when he ordered the appointment of a special prosecutor.
But Illinois Supreme Court on Friday refused to throw out the charges, which again accuse him of staging a racist, homophobic attack against himself. The court gave no explanation for its decision.
While the actor failed to get the special prosecutor removed from the case, Chicago’s State Attorney, Kim Foxx, angrily defended her decision to initially drop charges, saying his “low-level offense” was just a “prank.”
“This issue with Smollett … excuse my language, it’s bulls–t,” Foxx said on the Ben Joravsky Show Thursday, marvelling at how it was still such a dominant case for such a troubled city.
“We have an abysmal homicide clearance rate; we have horrible violence; and [the attention is on] this case about a low-level offense with an actor who pulled a prank,” she said, with clear disbelief.
“I’m not saying it wasn’t offensive; I’m not saying it wasn’t something that garnered our attention; but a year later, when I’m sitting with parents who are mourning the loss of their children …” she said of the city plagued by a terrible homicide rate.
Foxx said that regular Chicago folks “thought that this case was stupid” and “have moved on.”
“And the fact that those in power … have chosen not to, I think speaks volumes,” she said.
Foxx clarified her views on Friday, telling the Fran Spielman Show, “I don’t think the case itself is BS, I think the fact that we are a year out since this case was disposed of … that we are continuing to talk about this in a city that continues to deal with gun violence” deserved the slur, she said.
“That somehow this case has been elevated to one of the greatest criminal injustices in our time feels disingenuous,” Foxx said.
“I talk to too many family members of [victims of] violence who are frustrated that we spend more time talking about this case than the unsolved homicide rate. I talk to people who are worried about their young people who say, ‘Why do we keep talking about Jussie?’
“It’s not me. It’s what I hear from the community:`We can’t believe we’re still talking about this,'” she insisted.
“I get that what this person did was obnoxious and stupid . . . [But] we have people every day who have agreements with our court to resolve their cases without public apologies. We did not want to treat him differently than we would treat any other defendant.”
Foxx also insisted the 37-year-old actor had suffered enough.
“This is someone who hasn’t worked, lost his job, is the subject of ridicule on local, national [television]…” she said.
Smollett denies the charges, and recently told a cameraman he would “fight or die” his way to clearing his name. “I don’t claim to be innocent — I am innocent,” he told a videographer in footage posted on TMZ.
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