Special prosecutor to examine Jussie Smollett case in Chicago

FILE PHOTO: Actor Jussie Smollett leaves court after charges against him were dropped by state prosecutors in Chicago, Illinois, U.S. March 26, 2019. REUTERS/Kamil Krzaczynski/File Photo

By Alex Dobuzinskis

(Reuters) – A Chicago judge on Friday ordered a special prosecutor to examine the handling of actor Jussie Smollett’s discredited claim that he was the victim of a hate crime, setting up the possibility he could be criminally charged a second time, a police spokesman said.

Smollett, who is black and gay and at the time had a role on the television show “Empire,” ignited a firestorm on social media after he told police on Jan. 29 that he was attacked on a street outside his Chicago home.

He said two apparent supporters of President Donald Trump struck him, put a noose around his neck and poured bleach over him while yelling racist and homophobic slurs.

Police later charged Smollett with filing a false police report and accused him of paying $3,500 to two men to stage the attack to generate public sympathy. Prosecutors dropped the charges in March, saying an agreement by Smollett to forfeit his $10,000 bond was a just outcome.

Trump, Rahm Emanuel, Chicago’s mayor at the time; and the city’s police superintendent criticized the decision by State’s Attorney Kim Foxx’s office to drop charges.

Former Illinois appellate court judge Sheila O’Brien has since submitted a petition to Cook County Judge Michael Toomin requesting a special prosecutor to examine Foxx’s handling of the Smollett case, according to local media.

Toomin issued an order on Friday appointing the special prosecutor, Chicago police spokesman Anthony Guglielmi confirmed by phone.

The special prosecutor will look into the “whole investigation” and as a result “Mr. Smollett could face charges,” Guglielmi said by phone.

“We stand firmly behind the work of detectives in investigating the fabricated incident reported by Jussie Smollett #ChicagoPolice will fully cooperate with the court-appointed special prosecutor,” Guglielmi wrote on Twitter.

Mark Geragos, an attorney for Smollett, could not immediately be reached for comment.

Foxx recused herself from the case before charges were filed against Smollett because of conversations she had about the incident with one of Smollett’s relatives, according to her spokesman.

A spokeswoman for Foxx’s office could not immediately be reached for comment.

The initial reports of two Trump supporters attacking a gay, black celebrity drew widespread sympathy for Smollett, particularly from Democrats. That faded quickly after the actor’s arrest.

Smollett turned 37 years old on Friday.

“Empire” creator Lee Daniels confirmed earlier this month that Smollett would not be returning to the show.

(Reporting by Alex Dobuzinskis in Los Angeles; editing by Jonathan Oatis)

Chicago will sue actor Jussie Smollett after he refuses to pay for police overtime

FILE PHOTO: Actor Jussie Smollett makes a court appearance at the Leighton Criminal Court Building in Chicago, Illinois, U.S., March 14, 2019. E. Jason Wambsgans/Chicago Tribune/Pool via REUTERS

By Dan Whitcomb

LOS ANGELES (Reuters) – Chicago will sue actor Jussie Smollett for the costs of police overtime spent investigating his claims that he was the victim of a hate crime, which prosecutors say were false, a city official said on Thursday.

The lawsuit was being prepared after Smollett, 36, refused a demand by the city for $130,000, said Bill McCaffrey, a spokesman for the city’s Department of Law.

“Mr. Smollett has refused to reimburse the City of Chicago for the cost of police overtime spent investigating his false police report on January 29, 2019, McCaffrey said. “The Law Department is now drafting a civil complaint that will be filed in the Circuit Court of Cook Country.”

Smollett, who is black and gay, touched off a social media fire storm by telling police on Jan. 29 that two apparent supporters of U.S. President Donald Trump struck him, put a noose around his neck and poured bleach over him.

But the actor, best known for his role as a gay musician on the Fox Television hip-hop drama “Empire,” was charged in February with staging the incident himself and filing a false police report.

Last week prosecutors dropped all charges against Smollett, infuriating police and outgoing Mayor Rahm Emanuel. Prosecutors said they stood by the accusation but that an agreement by Smollett to forfeit his $10,000 bond was a just outcome.

The case file was sealed by a Chicago judge, which critics suggested was evidence of a cover-up.

The actor’s criminal defense attorney, Mark Geragos, could not be reached for comment.

On Monday, some 300 people, including off-duty Chicago police officers, took to the streets to protest, calling on Cook County State’s Attorney Kim Foxx to resign over her handling of the case.

Foxx, who recused herself from the case before charges were filed, citing conversations she had with one of his relatives, has defended her actions and those of her prosecutors.

Smollett was written out of the final two episodes of “Empire” this season after he was charged with staging the hate crime. Fox executives have not said if he will return should the show be renewed for another year.

(Reporting by Dan Whitcomb; Editing by Bill Tarrant and Lisa Shumaker)