Published: Wed, April 17, 2019
Culture&Arts | By Dora Pope

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

On March 3, Magats reported that he gave Foxx's phone number to Michael Avenatti, who had joined the case, according to text messages.

"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.

Despite claiming last month that she did not officially, legally recuse herself from Smollet's case, instead only distancing herself from it out of an "abundance of caution", Foxx on Tuesday defended her communications.

Foxx said in February that she was recusing herself from the investigation because of her "familiarity with potential witnesses".

She continued, "Pedophile with 4 victims 10 counts".

Smollett, who is openly gay, was indicted on 16 counts of disorderly conduct on suspicion of staging a January 29 hate crime attack on himself. "Just because we can charge something doesn't mean we should", Foxx went on to tell Magats.

In addition, it appeared the prosecutors' office notified Chicago police only moments before the charges were dropped as reporters were already gathering in the courtroom - tipped off by a publicist for Smollett's legal team.

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Foxx added: "On a case eligible for deferred prosecution I think it's indicative of something we should be looking at generally".

The texts indicate the "recused" Foxx saw no point in charging the actor who claimed two men put a noose around his neck and poured a chemical on him. The decision to drop charges sparked outrage, and was followed by a civil suit by the city of Chicago against Smollett seeking to force the actor to reimburse the city for police department overtime expenses.

Immediately after the charges against Smollett were dropped, the office scrambled to respond. The newly revealed correspondence between Foxx and her employees raises questions about the role she may have played in the case after said recusal. He had been charged with 16 felony counts of disorderly conduct for lying to police about being the victim of a hate crime.

"Sooo.... I'm recused, but when people accuse us of overcharging cases.16 counts on a class 4 (felony) becomes exhibit A", Foxx said in the message. "I will continue to uphold these guiding principle".

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.

Joseph Magats, the First Assistant in the State's Attorney's office, ultimately made the decision not to prosecute the case.

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