Showing posts with label Chicago Tribune. Show all posts
Showing posts with label Chicago Tribune. Show all posts

Thursday, December 23, 2021

"... darkly comic flim-flammery and low-bore corruption": Let's Talk About The Jussie Smollett Case

Is there something strange about years that end in the number *1* that causes my blogger juices to go awry? In 2011, I posted exactly one post, on December 31, and I did only slightly better this year, with 9 posts in January.  I've missed my blog, however and there will more posts to come. 

To start with, here's an editorial from the Chicago Tribune, in which the Editorial Board ponders the meaning of the Jussie Smollett case: 

Titled "The Tawdry Case of Jussie Smollett Had Comic Relief, But Was Not a Victimless Affair," the editorial was published on December 12, three days after Smollett was found guilty of five felonies. This is the editorial in its entirety: 

The recent trials we've been following have contained enough human pain to make us shudder: The Kyle Rittenhouse case involved two dead Americans; the matter in Georgia was about who caused the death of the 25-year-old Ahmaud Arbery; the yet-unresolved Ghislaine Maxwell affair has a backdrop of the cynical abuse of scores, if not hundreds, of impressionable young girls and women over many years.

By those standards, the case of Jussie Smollett has been comic relief.

Smollett, a B-list TV actor, was not accused of either killing or hurting anyone. His trumped-up saga of a deliberately staged, "racially motivated" attack usable for the purposes of personal promotion fits squarely into the Cook County tradition of darkly comic flim-flammery and low-bore corruption.

It matches up well with some of the cases famously recounted on the pages of this newspaper a hundred years ago by the crime reporter Maurine Dallas Watkins, whose trial-room notebook would form the basis for the musical "Chicago." Watkins would have loved writing about Smollett.

Once it became clear something fishy was in play, a conclusion reached Thursday evening by a jury of Smollett's peers, this was a trial that was fun for everyone to discuss.

How was the scheme concocted? Were the two bodybuilding brothers, apparently Smollett's accomplices, the Rosencrantz and Guildenstern to Smollett's Hamlet? Or were they closer to reincarnations of the classic "Saturday Night Live!" duo of Hans und Franz, here to pump anybody up? This case had a tabloid-friendly unspooling, with new twists and turns arriving almost every day.

But despite all the gossipy Tweets and chatter and opinions, there were real victims here. That would be everyone in the future who actually becomes the victim of a violent hate crime, being as Smollett's phony version only seeds needless doubt for the real incidents that surely will follow.

His idea of exploiting such an attack for publicity certainly worked with politicians on Twitter, especially since Smollett had plenty of connections and the immediate backing of a huge PR firm, thanks to his network, Fox Entertainment.

"This was an attempted modern day lynching," tweeted Kamala Harris at the time, praising Smollett's kindness. "This attack was not 'possibly' homophobic," wrote Alexandria Ocasio-Cortez, going after anyone holding back judgment, "it was a racist and homophobic attack." "What happened today to Jussie Smollett must never be tolerated in this country," wrote Joe Biden.

Biden was right about that. Just not for the reasons he thought.

Even as these rushed statements appeared on social media, Chicago police had to get down to the nitty gritty of what exactly happened. By all courtroom accounts, the cops took this crime seriously, expending huge amounts of resources on trying to find who had attacked Smollett. Even Smollett said he had been treated with dignity and respect during the initial stages of the investigation. Chicago police get a lot of criticism, including plenty leveled by this page. In this matter, they behaved admirably.

With the aid of cameras and other clues, police quickly figured out all was not as it seemed, and the evidence for this all being faked was passed to Cook County State's Attorney Kim Foxx. That's where things went off the rails, but not necessarily for the reasons most of the media is saying.

It's tempting to see the Smollett case, whose cause was backed by the attorney and influence peddler Tina Tchen, as another egregious example of Foxx's go-soft approach and reluctance to prosecute criminals, especially since Smollett had made Chicago look like a haven for violent racists and homophobes.

But cooler, nonpartisan heads can understand that with all Chicago has to worry about in the sphere of crime, a first-time offense likely to result in probation probably was not worth allowing to suck up resources that could be spent on finding the actual killers on our streets. Foxx's office was right to offer Smollett a quick deal, and correct to see that there were more important criminals for them to worry about.

But Foxx made one crucial mistake. She didn't require Smollett to admit his guilt and apologize as part of his deal. He should have offered to do that: Had he done so, he would have avoided four felony convictions on his record and, over time, he likely could have resumed his career. But he did not do anything of the kind.

And that's where Chicagoans both pragmatic and invested in fairness grew incensed, how a special prosecutor became involved and, frankly, how we ended where we ended up on Thursday evening when the jury delivered its verdict.

We know that people who are not on a TV show and friendly with politicians like Harris don't get both a sweetheart deal from the prosecutor and the chance to walk around town protesting their innocence. At that point, the Smollett case became about special favors in a city with an egregious history of them. And thanks to the jury, he ended up the loser, pending any appeals.

Smollett wasted a lot of time of some very busy people who have far more important issues to worry about than him. He embarrassed the politicians who supported him and he didn't respect his own fans. Sure, he probably didn't think it would ever come to all this, but he still didn't have the guts to turn off the machine when only he could. Shame on him.

Still, we haven't changed our mind about the limited severity of this crime, the hoopla notwithstanding, and we've no wish to see Smollett languish behind bars. We'd rather he admitted responsibility, got some help and performed meaningful public service.

Ideally right here in Chicago, a city whose reputation he slandered.

Tribune reporter William Lee, in a column written after the verdict, says the Smollett story reeked from the very beginning:

The Jussie Smollett story reeked from the moment this crime reporter laid eyes on it. To paraphrase “The Daily Show” host Trevor Noah, there was a certain part of Smollett’s story that was always a little weird. Maybe you felt the same way. I know a lot of street reporters did in those early days. In all my years on the job, I’d never seen a threat letter written from newspaper clippings like some 1980s TV crime drama.

I won’t go into a full recap as most of us have already heard the details a million times, but the basic contradictions of Smollett’s infamous 2 a.m. Subway sandwich run have been masterfully laid out by Noah and Dave Chappelle. But you don’t have to be a comedian to see the absurdity of two well-prepared white racists successfully carrying out an attack during a chance encounter with their target on an empty downtown street in the middle of the night during the coldest week of 2019.

The former “Empire” actor’s nearly three-year journey from beloved victim to pariah took a step toward its conclusion Thursday when a Cook County jury found the actor guilty of five of six counts related to making a false report to police. Listening to the verdict, I was instantly transported back to that cold, prepandemic January morning when I awakened to a television news report of the attack. In hindsight, I’m proud of the fact that while other publications’ headlines blared that Smollett had been the victim of a hate crime, the Tribune’s first story on the incident, by reporter Tracy Swartz and me, was more subdued: “Cops look into report of assault on actor.”

As a longtime crime reporter, I’m loath to speak on active crime stories, but holes began appearing in the Smollett story within the first two hours of working on it. It seemed very clear from the jump that Smollett’s camp gave his version to friendly outlets to get his narrative out, despite assertions that he didn’t want any public attention. The first report was posted to ThatGrapeJuice.net, a celebrity website that somehow had exclusive details of the alleged Chicago attack — the attackers’ ski masks and the noose placed around Smollett’s neck. TMZ followed with new details that the attackers were two white men, along with the racist and homophobic slurs and the now-famous “This is MAGA country” comment. The story also claimed that Smollett suffered a fractured rib, which police later refuted.

I read each story three times during my ride to the newsroom that day and by the time I stepped off the bus, I knew the whole thing sounded off and warned two of my editors about the coming avalanche and that we needed to be careful writing about it. Smollett wasn’t only a handsome young rising star with a hit TV show filmed in Chicago, he was an activist who used his celebrity to champion gay and Black causes. It didn’t take long for A-list celebrities and politicians to share messages of support for Smollett.

The story got kicked into high gear when then-President Donald Trump publicly acknowledged the attack, prompting me to shout the F-word before I could stop myself. A shout-out from a sitting president meant that Smollett’s saga — with its numerous early red flags and strange turns — would remain in the spotlight until its bitter end. The incident thrust Chicago back into the national spotlight for all the worst reasons. We’d gone from a city that launched one American president to being a city constantly attacked by his successor to score cheap brownie points with red state followers.

There were other local ramifications. The case exposed a growing rift between Chicago police and State’s Attorney Kim Foxx, who earned their eternal enmity for dropping charges against Smollett that March, despite what authorities considered a solid criminal case.

I’ll always recall how Mayor Rahm Emanuel, Supt. Eddie Johnson and Cmdr. Ed Wodnicki were barely able to contain their rage to reporters after news broke over the dropped charges. Police had been suspicious of Smollett’s story early on, critical of the fact that he continued wearing the noose — a feared universal symbol of racial hatred — so that responding officers would see it. And of course there was Smollett’s initial hesitancy to turn over phone evidence that theoretically could have led to his attacker.

Within days, investigators learned the identity of brothers Abimbola and Olabinjo Osundairo, who caught a ride-hailing service near the scene. Until the brothers returned from Nigeria in February, sources said, police had one directive: Treat Smollett as a victim until the facts suggest otherwise. For weeks, police kept up the charade as they continued their investigation. The rest is history. Despite the comedy of errors in this tale, it was never a happy one to cover. Even with the prospect of it being a hoax, I was sympathetic to the actor, unsure whether the incident was a display of avarice and ego, or a cry for help by someone suffering a breakdown.

Despite the hot-button nature of the incident, this was a low-stakes Class 4 felony case, and the fact that no one had actually been injured, aside from a bruise under Smollett’s right eye, this story seemed destined to be forgotten. But Smollett broke a cardinal rule: He went into a city that wasn’t his own and loudly proclaimed “Your town wronged me.” Cops in any city would have been put under tremendous pressure to solve the case of an assaulted star. And despite the effort and attention, he wouldn’t admit his falsehood, with the evidence against him mounting. In the end, Smollett was responsible for derailing his own career, reducing his own reputation to ashes and playing for a fool all of those who came to his aid. And now he has been found guilty of what many of us suspected all along.

He should be offered forgiveness and be able to move on with his life and career, after his contrition. Here in Chicago, we have our own problems. None of them are helped by a celebrity coming to town and crying wolf.

Click here to read previous posts about Jussie Smollett. 

Tuesday, February 11, 2020

Another Bad Day For Jussie Smollett - Updated

Wow. Jussie Smollett has been indicted (again) by the special prosecutor looking into how his case was handled by the State's Attorney's office.

Here's how Page Six is covering it:

Jussie Smollett was indicted on Tuesday in Chicago, according to a new report.

The indictment, brought by special prosecutor Dan Webb, stems from the alleged January 2019 hoax attack against the former “Empire” star, Fox32 reported, citing sources.

Smollett has been accused of hiring two brothers to stage an attack on himself that included tales of a noose and bigots screaming racist, homophobic slurs.

Cops in Chicago, where Smollett lives and alleged the attack occurred, have said the actor made up the whole thing. He’s denied the allegations.

He is due in court Feb. 24, Fox32 said.


In an article just posted, the Sun-Times hedges a bit:

Attorneys for Jussie Smollett have been told that they should expect their client to be indicted Tuesday, a source familiar with the matter said.

Investigators in the case have gone to California to interview people connected to Smollett, the source said.

The indictment comes just under a year after Smollet was charged in 2019 for allegedly staging a hoax hate crime attack near his Streeterville home.

Special Prosecutor Dan Webb, a former U.S. Attorney in Chicago, was appointed by Judge Michael Toomin six months ago and charged with reviewing both the evidence against Smollett for with the possibility of filing new charges, and investigating how the case was handled by Cook County State’s Attorney Kim Foxx and her subordinates.

Toomin declined to answer any questions earlier Tuesday about a possible indictment.

Smollett in February 2019 was charged with multiple, low-level felony counts for allegedly providing false information about the attack, claiming that he was jumped by two white men who called out racist, homophobic slurs as they punched the actor and draped a noose over his head.

Detectives determined that Smollett had paid two acquaintances, who had previously served as extras on “Empire” and as Smollett’s personal trainers, to attack him.

Foxx had recused herself from the case the day before those charges were announced, delegating decision-making in the case to her top deputy, Joseph Magats. Just over a month after Smollett turned himself in to police, the State’s Attorney’s Office dropped all charges against Smollett.


The Chicago Tribune has more details:

Smollett was indicted by a special Cook County grand jury on six counts of disorderly conduct for allegedly making four separate false reports regarding what police said was a faked attack. Special Prosecutor Dan Webb announced the charges in a press release Tuesday, saying that “further prosecution of Jussie Smollett is ‘in the interest of justice’."

... In announcing his decision to charge Smollett, Webb pointed to several factors including “the extensive nature of Mr. Smollett’s false police reports, and the resources expended by the Chicago Police Department to investigate these false reports.”

Further, Webb said that the Cook County State’s Attorney’s office was unable to provide examples of how other cases were disposed of in a similar fashion.
(Read more here.)

Wednesday morning update. Last night, the Chicago Tribune Editorial Board published a blistering editorial:

Tuesday brought fresh criticism for Kim Foxx, state’s attorney of Cook County.

Tuesday also brought fresh challenges for Kim Foxx, candidate for renomination in the Illinois primary.

With legal action and comments that undercut Foxx in both roles, special prosecutor Dan Webb complicated life for the prosecutor and the candidate.

Kim Foxx’s reaction? In a peculiar statement she cast herself as the victim of an unfair attack of the sort former FBI Director James Comey might wage in the era of President Donald Trump.

This shows why the Smollett case matters

Taken together, Tuesday’s developments underscored why the case of actor Jussie Smollett matters less because of him than because of what all of us are learning about Foxx’s judgment: She mishandled a case and now has citizens asking about equality under the law: whether some defendants in Cook County’s criminal justice system have to bear the brunt of the law while others get sweet deals from her prosecutors.

Webb’s announcement of a six-count criminal indictment of Smollett says to the people of Cook County that it takes a special prosecutor to pursue a case that their elected prosecutor inexplicably dropped.

And with early voters preparing to decide Foxx’s fate, a statement from Webb, a former U.S. attorney here, opens the candidate to fresh accusations of incompetence if not deceit: Foxx has maintained that her office treated Smollett the way it treats other defendants every day. She has made much of that claim.

Yet Webb says her state’s attorney’s office couldn’t point to those comparable cases.

Webb’s conclusion contradicts Foxx’s statement to WBEZ on March 27, 2019, that “every single day ... there are people who get similar arrangements, people who get diversion, people who get sentences that are probably not what some people would want. Every single day.”

Webb is saying Foxx’s office had no precedent or consistent policy to justify letting Smollett off the hook — but did it anyway.

Dan Webb’s harsh verdict on Foxx


In a prepared statement, Webb came down hard on Foxx — politely, he didn’t name her while critiquing her — and lambasted her office for botching the Smollett case and misleading the public.

Webb said he disagrees with the way the state’s attorney’s office handled the Smollet prosecution, but actually he went quite a bit further. Webb’s team investigated Foxx’s claim that her office treated Smollett as it does other defendants. But in the end, his statement suggests that her office gave Smollett special treatment. Webb wrote that Foxx’s office “was unable to provide this documentary evidence.”

Webb also pointed out that Foxx’s office, at the time of the original indictment in March 2019, believed it had strong evidence against Smollett — yet three weeks later decided to dismiss the charges, with 15 hours of community service as Smollett’s punishment.

Between the lines of Webb’s statement is a special prosecutor shaking his head in disbelief at Foxx’s management of the case. And perhaps he’s not done. In his statement he said he hasn’t yet determined whether anyone involved in the case engaged in wrongdoing, including the state’s attorney’s office or individuals in that office.

Those hate crime allegations


Webb’s six counts of disorderly conduct essentially reassert last year’s allegations against Smollett: that in January 2019 he faked being the victim of a hate crime and assault.

According to Tuesday’s fresh indictment, Smollett invented the story of being attacked at 2 a.m. in Streeterville by two men who used racial and homophobic slurs, punched Smollett in the face, put a noose around his neck and poured a bleachlike substance on him.

Smollett made this report to police knowing “there was no reasonable ground for believing that such an offense had been committed,” the indictment states.

Foxx evokes Comey and Trump

Foxx’s statement in response to the new indictment questioned its timing, implying that Webb is playing a dirty political trick on her: “The Cook County State’s Attorney’s office charged Jussie Smollett with multiple counts, and today the Special Prosecutor did the same. What’s questionable here is the James Comey-like timing of that charging decision, just 35 days before an election, which can only be interpreted as the further politicization of the justice system, something voters in the era of Donald Trump should consider offensive,” Foxx’s office said.

That’s a misdirection play from Foxx, who’s reading the indictment through her own political prism: The allusions to Comey and Trump have an air of desperation.

Webb, by contrast, is focusing on Smollett’s actions, Foxx’s prosecutorial judgment and her office’s dubious conduct.

Foxx said almost a year ago that she welcomed an independent review of her office’s handling of the Smollett case, remember?

Now the results are coming in, and they don’t look good for prosecutor Foxx. Voters will render their own verdict on candidate Foxx.
(This is the editorial in its entirety.) 

Click here to read the press release from special prosecutor Dan Webb. 

Update #2: This is the statement from Jussie's attorney, issued last night. Note that nowhere does she say "Jussie is innocent and we have the evidence to prove it."

This indictment raises serious questions about the integrity of the investigation that led to the renewed charges against Mr. Smollett, not the least of which is the use of the same CPD detectives who were part of the original investigation into the attack on Mr. Smollett to conduct the current investigation, despite Mr. Smollett's pending civil claims against the City of Chicago and CPD officers for malicious prosecution. And one of the two witnesses who testified before the grand jury is the very same detective Mr. Smollett is currently suing for his role in the initial prosecution of him.

After more than five months of investigation, the Office of the Special Prosecutor has not found any evidence of wrongdoing whatsoever related to the dismissal of the charges against Mr. Smollett. Rather, the charges were appropriately dismissed the first time because they were not supported by the evidence. The attempt to re-prosecute Mr. Smollett one year later on the eve of the Cook County State's Attorney election is clearly all about politics not justice.
(From the Hollywood Reporter, read more here.) 

This is interesting: 



Update #3 on Friday, February 14: Jussie Smollett has had many bad days in the one year and change since he sent his hate crime hoax out into the world. Is he having a bad day today? No way to know. He may or may not remember, and it doesn't rise to the level of a "This Day In History" post, but it was one year ago today, on Valentine's Day, 2019, that his infamous interview with Robin Roberts aired on Good Morning, America. I read at the time that Jussie had really, really wanted to do that interview, which makes sense, given that publicity and fame were the whole point of the hoax. Unfortunately for Jussie, bad luck, bad planning and just plain bad karma combined to make the interview a very big mistake. (Watching it now, it's both pathetic and hilarious.)

The interview was taped Tuesday night, February 12, at the Chicago studio where Empire is filmed. What no-one, including Jussie, knew at the time was that the police had already identified the two "persons of interest" shown in this picture, taken from a surveillance camera:



The police knew their names, that they were brothers and that they were black, not white. They knew they had worked on Empire, making them professional colleagues of Jussie Smollett. They knew Jussie had spoken to them by phone within an hour before the incident, as well as while they were conveniently out of the country in Nigeria. And the police knew they were returning from Nigeria the very next day. Between the time the interview was taped Tuesday night and when it aired Thursday morning, the police met the brothers upon their arrival at O'Hare and took them into custody on Wednesday, February 13. During the GMA interview, Jussie told Robin Roberts that he had no doubts that the two men in the picture were his attackers, a statement I'm guessing he came to regret. (During his press conference a few days later, the police Superintendent threw some shade at Jussie by "thanking" him for confirming the identification of his two black, not white, colleagues.)

Is there anything else Jussie regrets? Publicly he continues to profess his innocence. Deep in his heart, where he knows what really happened, does he feel any regret? The whole wretched mess is an example of unintended consequences, having spiraled wildly out of control and now, a year later, putting Jussie back in the news and back in legal jeopardy. It's clear that no-one, not the lawyers in the State's Attorney's office, not Jussie's lawyers and not Jussie himself, anticipated how negative the reaction to the charges being dropped would be.

And what about his lawyers? If we stipulate that they're not stupid, they can't possibly believe he's innocent. The police investigators have a virtual tsunami of evidence that does not, as the police Superintendent said, support Jussie's version of events. (Do his lawyers have any evidence that does support Jussie's version? Presumably if they did, they would have made it public before now.) Speaking as the non-lawyer I am, I'm guessing they're not thrilled at the notion of going into court and trying to defend Jussie's actions. (The billable hours? That's another story. A celebrity with legal troubles is manna from heaven to a defense lawyer.)

So what do the lawyers do now? Are they trying to convince Jussie to plead guilty and accept some kind of a deal, or are they really going to go to court? Let's watch and see.

Click here to watch Jussie's interview with Robin Roberts.