(WBBM NEWSRADIO) — Outgoing Cook County States Attorney Kim Foxx says she's not surprised that the Illinois Supreme Court has overturned Empire TV show Actor Jussie Smollett's conviction for a false hate crime report in 2019.
It was Foxx's office who made the controversial decision to drop the false hate crime charges against Smollett, after he forfeited his $10,000 bond and conducted community service.
That move led to a public outcry, and eventually Special Prosecutor Dan Webb did charge and convict him. Foxx, though, said the double jeopardy rule enshrined in the Constitution is clear: You cannot try someone twice for the same crime.
“As unpopular as the disposition was — and I don’t negate that it was an unpopular disposition of his case — it was over,” Foxx told WBBM Newsradio.
Foxx said Webb knew as much.
“To reopen the case, have a special prosecutor, re-indict [Smollet], try him, to end up five years later, millions of dollars later, with the exact same result that we had in March 2019 is unsurprising but, I think, speaks volumes about how we look at criminal justice in Cook County.”
Smollett’s attorneys said Thursday’s announcement puts an end to “vindictive persecution.”
In a news conference following the announcement, Attorney Nenye Uche told reporters the case was a “travesty of justice.”
Uche noted several times that the Illinois Supreme Court’s decision was unanimous, and he said Smollett is relieved, happy, and grateful — and still has plenty of love for Chicago.
It does not seem that there will be another chapter in this saga.
Uche said too many taxpayer dollars have been wasted here and that “Jussie wants to move on.”
He also stressed Smollett maintains his innocence and stands by his initial claims.
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