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Former “Empire” star Jussie Smollett has filed a federal counterclaim against the city of Chicago, police Superintendent Eddie Johnson and several others claiming he owes the city no more money and was maliciously prosecuted for the alleged hoax attack police say he orchestrated on himself.
The actor’s accusations come in a 49-page response to a previous federal lawsuit filed against him by the city seeking $130,000 in reimbursement to cover the overtime costs the Chicago Police Department spent investigating Smollett’s claims.
But Smollett’s attorneys claim the city is not entitled to any further payment because their client forfeited his $10,000 bond after the criminal charges filed against him were dismissed.
“Having agreed to accept $10,000 from Mr. Smollett as payment in full in connection with the dismissal of the charges against him, the City cannot seek additional recovery from Mr. Smollett under the doctrine of accord and satisfaction,” Smollett’s attorney William Quinlan wrote in the counterclaim filed Tuesday.
Smollett also claims police investigators “disregarded or ignored” key evidence while relying on “self-serving and unreliable” statements from brothers Olabinjo and Abimbola Osundairo in crafting the criminal charges against him.
On top of the city and Johnson, the counterclaim also named CPD Detective Michael Theis, Detective Commander Edward Wodnicki, 10 John and Jane Doe defendants as well as the Osundairos.
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Smollett has maintained his innocence. He now claims Johnson and Wodnicki “knowingly made false statements” to prosecutors and the public and “covered up” exculpatory evidence, resulting in the allegedly malicious prosecution.
“In the face of mounting public pressure to solve the high-profile attack on Mr. Smollett,” Quinlan wrote, “Counterclaim-Defendant Johnson authorized the CPD, including Counterclaim-Defendants Wodnicki, Theis, and John and Jane Doe Defendants, to file a criminal complaint against Mr. Smollett on the basis of false and unreliable evidence from the Osundairo Brothers.”
The counterclaim criticizes police department leaks of “false and misleading” information to media during its investigation, claiming this turned the public against Smollett.
Quinlan in his response attempts to pick apart the city’s narrative as contained in its initial complaint filed in April. He admits Smollett had been in contact with the Osundairo brothers in the days before the incident, but claims they never discussed any hoax attack.
For instance, Smollett texted Abimbola Osundairo saying he “might need your help on the low,” a statement investigators believed was related to the attack. Quinlan instead claims his client was interested in “obtaining herbal steroids,” which he believed the brothers could procure for him during an upcoming trip to Nigeria.
He also denies that Smollett drove the brothers to the site of the attack days in advance for a run through and claimed the $3,500 check Smollett gave the brothers was for a five-week personal training program.
Quinlan also claims that as a result of this case, Smollett “suffered and continues to suffer substantial economic damages as well as reputational harm, humiliation, mental anguish and extreme emotional distress.”
I would have gallows humor if I ran Chicago. He is lucky..The city of Chicago has absolutely no sense of humor.
Arrest the asshole, fuck his Obama connections
A Cook County judge has ordered Google to turn over Jussie Smollett’s emails, photos, location data and private messages for an entire year as part of the special prosecutor’s investigation into the purported attack on the actor.
Two sweeping search warrants, obtained by the Chicago Tribune, provide the first public glimpse at the direction of the probe by special prosecutor Dan Webb more than four months into the investigation.
The warrants, filed last month in Circuit Court, sought a trove of documentation from Smollett and his manager’s Google accounts — not just emails but also drafted and deleted messages; any files in their Google Drive cloud storage services; any Google Voice texts, calls and contacts; search and web browsing history; and location data.
Investigators sought a full year’s data — from November 2018 to November 2019 — even though the key events in the controversy took place between late January and late March 2019. Authorities could be looking for any incriminating remarks from Smollett or his manager, especially in the months after State’s Attorney Kim Foxx’s office abruptly dismissed disorderly conduct charges against the then-"Empire" actor just weeks after his indictment. Smollett, who is African American and openly gay, has declared the dismissal a vindication of his claims that he was the victim of a racist and homophobic attack.
[...]
Toomin signed off on the search warrants on Dec. 6, the records show. In doing so, the judge ordered Google and its “representatives, agents and employees” not to disclose his order to turn over the records, saying to do so “may jeopardize an ongoing criminal investigation.”
It was unclear from the file if Google has handed over the data on Smollett and his manager. A Google spokesman said he could not comment on specific requests for records from law enforcement.
Toomin gave Webb a broad mandate to investigate all aspects of the case — not only its initial handling by Foxx’s office but also whether to criminally charge Smollett again.
The search warrants make clear that Chicago police are assisting in Webb’s investigation.
Anthony Guglielmi, a Chicago police spokesman, confirmed that the department is working with the special prosecutor, conducting “follow-ups” on its initial investigation. But Guglielmi declined further comment, referring inquiries to Webb’s team.
Webb declined to comment on the search warrants or his broader investigation. Smollett’s attorney did not immediately return messages seeking comment.
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Jussie Smollett accused of lying to CPD, indicted on 6 counts of disorderly conduct
In a story FOX 32 News broke first, former “Empire” actor Jussie Smollett was indicted Tuesday in Chicago by special prosecutor Dan Webb, stemming from the alleged racist and anti-gay attack on him that occurred in January of 2019.www.fox32chicago.com
CITY OF CHICAGO LAWSUIT WILL NOT BE DROPPED
Jussie Smollett now has a fight on his hands on 2 fronts, because the City of Chicago is not backing down from its lawsuit to recover the cost of investigating what authorities say was a fake "attack."
Multiple sources tell us, the City of Chicago could drop its case against Jussie to recover nearly half a mil but if he's convicted in criminal court the judge would almost certainly order restitution on behalf of the City.
https://www.tmz.com/2020/02/12/juss...-city-of-chicago-lawsuit-investigative-costs/
Former "Empire" actor Jussie Smollett on Monday entered a plea of not guilty to new charges brought by a special prosecutor, alleging he staged a racist and homophobic attack on himself last year.
Smollett appeared before a judge for the first time in Chicago Monday to be arraigned in the new case and was released on his own recognizance, signing an agreement to appear in court in the future, and without having to pay bail.
Smollett was charged for a second time in the ongoing case on Feb. 11, this time on six counts of disorderly conduct for "making four separate false reports to Chicago Police Department officers related to his false claims that he was the victim of a hate crime, knowing that he was not the victim of a crime," Special Prosecutor Dan Webb said in a statement at the time.
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www.nbcchicago.com
You trolling hard dude but it’s not workingSuch a shocking and bizarre turn of events.
So govt says he didnt do it and now govt says he did do it. What are we to believe????
CHICAGO -- Former "Empire" actor Jussie Smollett has lost his bid to have the Illinois Supreme Court throw out the new charges against him and remove the special prosecutor that filed them.
Smollett's lawyers argued in an emergency petition that Cook County Circuit Judge Michael Toomin overstepped his authority and misinterpreted the law when he ordered the appointment of a special prosecutor.
The court on Friday rejected the arguments without explaining the decision.
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That is one comprehensive list!
A federal judge on Wednesday dismissed a suit by former “Empire” actor Jussie Smollett alleging he was the victim of a malicious prosecution over his allegedly staged hate crime attack in January 2019.
U.S. District Court Judge Virginia Kendall ruled that Smollett’s claim against the city of Chicago and several police officers cannot go forward now that he’s been re-indicted by a special Cook County grand jury on charges stemming from the same incident.
In her 15-page opinion, Kendall wrote that if the new criminal case — brought by special prosecutor Dan Webb in February — were to end in Smollett’s favor, he would be free to refile his suit.
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So govt says he didnt do it and now govt says he did do it. What are we to believe????
[...]The prosecutor’s office insisted that Smollett’s case was treated like the 5,700 other “cases for alternative prosecution” over the last two years.
If the data cited by the prosecutor’s office are true, that’s a powerful argument justifying their decision to drop charges. In general, similarly situated defendants should not receive “grossly disparate” punishment. And the reality is this: As deplorable as Smollett’s alleged conduct might have been, his was a nonviolent “disorderly conduct” offense. Courts across the country are bursting at the seams with low-level nonviolent felonies, and prosecutors have to choose which ones they take to trial, and which ones they are going to make offers of disposition to save resources.
The Smollett case involves one factor that takes it out of the heartland of ordinary disorderly conduct cases: notoriety. When a celebrity falsely reports a socially significant offense like hate crime, it wastes resources in a way that a regular person’s false report does not. Like it or not, the Chicago PD and prosecutors likely devoted significantly more time and energy to a celebrity’s alleged attack than they did to an ordinary false report crime.
There’s an argument that celebrity false hate crime reports are more egregious than regular person false crime reports because they alarm the community more, and fritter away police and prosecutorial resources. That fact alone could have justified the prosecutor’s office not treating Smollett’s case like the thousands of other cases offered pretrial diversion or deferred prosecution for similar offenses.
"This was not an exoneration. To say that he was exonerated by us or anyone is not true," Cook County First Asst. State's Attorney Joseph Magats said. "We believe he did what he was charged with doing."
Magats explained that his office devotes its resources to combating violent crime, and that the Smollett case didn't fall within that mission.
"Our goal and our No. 1 priority is combating violent crime and the drivers of violence and we look to our resources to do that and I don't think that Mr. Smollett is a driver of violence or a violent individual," he said.