Published: Wed, April 17, 2019

Chicago prosecutor Kim Foxx’s texts revealed her frustration over Jussie Smollett’s case

Chicago prosecutor Kim Foxx’s texts revealed her frustration over Jussie Smollett’s case

"Pedophile with 4 victims 10 counts".

Magats then texted that he'd get with some other members of the state's attorney's office and "take a hard look at how we charge the cases and get it to something that covers what needs to be covered without being excessive and ultimately pointless".

Smollett, who is black and openly gay, told police he was attacked as he was walking home around 2 a.m. on January 29.

He told the CBS Chicago station that he did not believe that Smollett was innocent but "based on all facts and circumstances of the case, and also keeping in mind resources and keeping in mind that the office's number one priority is to combat violent crime and the drivers of violence, I made a decision to offer this disposition in the case". The Chicago Police Department has also denied public-records requests for its internal documents on the same grounds. Lanier wrote in a March 26 text to Magats.

"Eddie just called. (He) needed to know how to answer questions from press", Foxx texted Magats, referring to Chicago Police Superintendent Eddie Johnson. Text messages would appear to show Foxx's top deputy, Magats, reached out to Johnson's chief of staff, Robert Boik, the morning of the hearing where Smollett's charges were dropped. In exchange, Smollett forfeited a $10,000 bond and agreed to community service.

"He seemed satisfied with the explanation", Foxx told Magats.

When asked why the state's attorney continued to communicate about the case after her withdrawal, a spokeswoman issued a statement Tuesday night on Foxx's behalf saying she reached out to Magats only "to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority".


The lawsuit laid out a detailed account of the allegations against Smollett, who told police he was attacked January 29 by two men who shouted homophobic slurs at him, wrapped a noose around his neck and poured an unknown liquid on him.

Foxx announced to her staff that she was recusing herself from the case on February 13 and had turned Smollett's prosecution over to her top deputy. As ABC News puts it, "The newly revealed correspondence between Foxx and her employees raises questions about the role she may have played in the case after said recusal".

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.

Her office declined to comment on the specifics of the case, citing an ongoing review.

After the charges were dropped, Foxx went on the offensive. City officials since have filed a civil lawsuit, seeking to collect more than $130,000 spent on police overtime for investigators handling the case.

Prosecutors eventually dropped the charges against Smollett.

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