Home Entertainment State’s attorney Kim Foxx allegedly called Jussie Smollett ‘washed up’ in texts...

State’s attorney Kim Foxx allegedly called Jussie Smollett ‘washed up’ in texts to staff – AOL

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About two weeks before charges were dropped against Jussie Smollett, Cook County State’s Attorney Kim Foxx texted her staff dismissing Smollett as a “washed up celeb who lied to cops” who was being charged too harshly.

CBS Chicago has obtained hundreds of emails and texts regarding the investigation through a Freedom of Information Act request.

Foxx, who had recused herself from the case, believed the charges against Smollett were over the top. “Sooo……I’m recused, but when people accuse us of overcharging cases…16 counts on a class 4 becomes exhibit A,” she wrote.

She goes on to compare Smollett’s case with that of singer R. Kelly.

“Pedophile with four victims 10 counts. Washed up celeb who lied to cops, 16. On a case eligible for deferred prosecution I think it’s indicative of something we should be looking at generally. Just because we can charge something doesn’t mean we should.”

Smollett was charged and pleaded not guilty to 16 counts of disorderly conduct for allegedly lying to police about a hate crime, but Cook County prosecutors dropped the charges against Smollett after he agreed to forfeit his $10,000 bail and performed 16 hours of community service.

“After reviewing all of the facts and circumstances of the case, including Mr. Smollett’s volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case,” the Cook County State’s Attorney’s office stated in an email at the time.

Foxx said she recused herself from the case. First Assistant State’s Attorney Joseph Magats, a 28-year veteran prosecutor, had been the lead prosecutor. Foxx’s office later said it was not a formal recusal. Rather, Foxx separated herself from decision making out of an abundance of caution.

Foxx released the following statement about why she was communicating with staffers about the case after recusing herself:

“After the indictment became public, I reached out to Joe to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority. I was elected to bring criminal justice reform and that includes intentionality, consistency, and discretion. I will continue to uphold these guiding principles.”

Smollett was accused of falsifying a police report, and lying to police. Each of the 16 counts against him covers various alleged acts that Smollett falsely described to the officers–including that he was hit by two men, that they yelled racial and homophobic slurs and poured a chemical on him.

Smollett, who is black and openly gay, told police he was attacked as he was walking home around 2 a.m. on Jan. 29. He claimed two masked men – one of them also wearing a red hat – shouted racist and homophobic slurs as they beat him, put a noose around his neck, and poured a chemical on him.

Police said, in reality, Smollett had paid Ola and Abel Osundairo to stage the attack.

CBS Chicago has reported Smollett also directed the brothers to buy the noose at a hardware store and the hat and masks at a store in Uptown. Chicago Police Supt. Eddie Johnson said police have the check.

Police said the two brothers wore gloves during the staged attack, and did punch Smollett, but the scratches and bruises on Smollett’s face most likely were self-inflicted.

Police at the time said the attack was a publicity stunt because the actor was upset about his pay on the show.

This story was originally published by CBS News on April 17, 2019 at 7:20 a.m. ET.

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‘Empire’ star Jussie Smollett during court appearances

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Empire actor Jussie Smollett arrives a news conference after a hearing at the Leighton Criminal Court Building Tuesday, March 26, 2019, in Chicago. Smollett attorneys Tina Glandian and Patricia Brown Holmes said in a Tuesday morning statement that Smollett’s record “has been wiped clean.” Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men who shouted racial and homophobic slurs. (AP Photo/Amanda Seitz)

Empire actor Jussie Smollett appears with a fan as he walks out of the Leighton Criminal Court Building after a hearing Tuesday, March 26, 2019, in Chicago. Smollett attorneys Tina Glandian and Patricia Brown Holmes said in a statement Tuesday that Smollett’s record “has been wiped clean.” Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men who shouted racial and homophobic slurs. (AP Photo/Amanda Seitz)

Actor Jussie Smollett exits courtroom 101 into the hallway at the Leighton Criminal Court Building following an emergency hearing over his disorderly conduct charges on Tuesday, March 26, 2019. (Jose M. Osorio/Chicago Tribune/TNS via Getty Images)

US television actor Jussie Smollett attends Leighton Criminal Court with his attorney Tina Glandian (L) on March 14, 2019, in Chicago. – Smollett pleaded not guilty on Thursday to charges he lied to police about being the victim of a racist, homophobic hate crime. The 36-year-old actor was charged with 16 felony counts last week for allegedly masterminding a false attack to gain publicity and win a bigger paycheck. (Photo by E. Jason Wambsgans / POOL / AFP) (Photo credit should read E. JASON WAMBSGANS/AFP/Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett leaves Leighton Criminal Courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama ‘Empire.’ (Photo by Nuccio DiNuzzo/Getty Images)

US television actor Jussie Smollett attends Leighton Criminal Court with his attorney Tina Glandian (L) on March 14, 2019, in Chicago. – Smollett pleaded not guilty on Thursday to charges he lied to police about being the victim of a racist, homophobic hate crime. The 36-year-old actor was charged with 16 felony counts last week for allegedly masterminding a false attack to gain publicity and win a bigger paycheck. (Photo by E. Jason Wambsgans / POOL / AFP) (Photo credit should read E. JASON WAMBSGANS/AFP/Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett (C) leaves Leighton Criminal Courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama ‘Empire.’ (Photo by Nuccio DiNuzzo/Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at Leighton Criminal Courthouse on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama ‘Empire.’ (Photo by Nuccio DiNuzzo/Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at Leighton Criminal Courthouse on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama ‘Empire.’ (Photo by Nuccio DiNuzzo/Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at Leighton Criminal Courthouse on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama ‘Empire.’ (Photo by Nuccio DiNuzzo/Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at Leighton Criminal Courthouse on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama ‘Empire.’ (Photo by Nuccio DiNuzzo/Getty Images)

Actor Jussie Smollett(C) and team arrive for a court hearing at the Leighton Criminal Courthouse on March 12, 2019 in Chicago. – A Chicago grand jury on March 8, 2019 indicted American actor Jussie Smollett on 16 felony counts after allegedly lying to police about being the victim of a racist, homophobic hate crime. Police say Smollett — who gained fame on Fox musical drama ‘Empire’ — staged the attack in a bid to gain publicity and a bigger paycheck. (Photo by DEREK HENKLE / AFP) (Photo credit should read DEREK HENKLE/AFP/Getty Images)

Actor Jussie Smollett(C) and team arrive for a court hearing at the Leighton Criminal Courthouse on March 12, 2019 in Chicago. – A Chicago grand jury on March 8, 2019 indicted American actor Jussie Smollett on 16 felony counts after allegedly lying to police about being the victim of a racist, homophobic hate crime. Police say Smollett — who gained fame on Fox musical drama ‘Empire’ — staged the attack in a bid to gain publicity and a bigger paycheck. (Photo by Nova SAFO / AFP) (Photo credit should read NOVA SAFO/AFP/Getty Images)

CHICAGO, ILLINOIS – FEBRUARY 21: Empire actor Jussie Smollett leaves Cook County jail after posting bond on February 21, 2019 in Chicago, Illinois. Smollett has been accused with arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary. (Photo by Nuccio DiNuzzo/Getty Images)

CHICAGO, ILLINOIS – FEBRUARY 21: Empire actor Jussie Smollett (partially obscured) leaves Cook County jail after posting bond on February 21, 2019 in Chicago, Illinois. Smollett has been accused with arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary. (Photo by Nuccio DiNuzzo/Getty Images)

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