That's the way I see it (from a non-lawyer lay person). So I was surprised to hear Napolitano say he couldn't be recharged. But the good judge has certainly been wrong before, as you all know.

quote:

However, dismissals are sometimes "with prejudice." A dismissal with prejudice means the prosecution can’t ever re-file charges; a dismissal without it means the opposite.

correct. I haven't followed this close enough to know how it was dismissed though.

Wasn't his file ordered to be destroyed?

Ol' Jessie err Jussie is working on a his rendition of the Beatle's song 'Michelle', in honor of the Mooshell Obamalama, who saved his narrow ass.

♪I love you, I love you, I love you
That's all I want to say
Until I find a way
I will say the only words I know that
You'll understand♪

quote:

Originally posted by synthplayer:
Wasn't his file ordered to be destroyed?

Nothing like destroying evidence to really sweep things under the carpet.

quote:

Originally posted by esdunbar:

quote:

However, dismissals are sometimes "with prejudice." A dismissal with prejudice means the prosecution can’t ever re-file charges; a dismissal without it means the opposite.

correct. I haven't followed this close enough to know how it was dismissed though.

My understanding is that this wasn't just a case of prosecutors deciding not to charge, it was a settlement with Smollett forfeiting his bond and 'time served' doing community service with Jesse Jackson. The records were sealed and the expungement hearing is today. If granted, then there will be no record of his arrest or investigation.

You can't prosecute someone who hasn't been arrested, investigated or charged.

The potential fed charges for mail fraud are still out there, but the other stuff is gone.

I think that Kamala Harris and Corey Booker might well have been instigators of the Smollett hoax.

Just about a week after the "attack," their anti-lynching bill came up for a vote. They both went to the microphones the day after the "attack" to condemn it as an "attempted lynching," and pimp their bill.

quote:

...it was a settlement with Smollett forfeiting his bond...

yes and no. There are no "settlements" in criminal law. There are plea deals, but he didn't plead, so it wasn't that. That leaves us with the charges being dropped.

The police still have the evidence. Just because his record is expunged doesn't mean they can't arrest him again and charge him again...assuming the case was dismissed without prejudice. I've seen it happen plenty of times when the prosecution has a procedural error.

Obviously this isn't happening to clean up a procedural error, but he most certainly can be rearrested, recharged and prosecuted unless the case was dismissed with prejudice. I'm not sure what the statute of limitations for his crimes are in Illinois, but a new County Prosecutor could choose to recharge him years later; again, assuming it was dismissed without prejudice.

quote:

Originally posted by esdunbar:

quote:

...it was a settlement with Smollett forfeiting his bond...

yes and no. There are no "settlements" in criminal law. There are plea deals, but he didn't plead, so it wasn't that. That leaves us with the charges being dropped.

The police still have the evidence. Just because his record is expunged doesn't mean they can't arrest him again and charge him again...assuming the case was dismissed without prejudice. I've seen it happen plenty of times when the prosecution has a procedural error.

Obviously this isn't happening to clean up a procedural error, but he most certainly can be rearrested, recharged and prosecuted unless the case was dismissed with prejudice. I'm not sure what the statute of limitations for his crimes are in Illinois, but a new County Prosecutor could choose to recharge him years later; again, assuming it was dismissed without prejudice.

Makes sense. I did see an article that seems to indicate the only way a case can be sealed immediately when dismissed in Illinois is if it was dismissed with prejudice.

https://lawandcrime.com/high-p...ssal-makes-no-sense/

quote:

The public will not be able to learn more details about the case, due to it now being sealed. In Illinois, if a case ends without a conviction, the defendant can request that the record be sealed immediately so no one can see it. Illinois’ Criminal Identification Act says cases “resulting in acquittal or dismissal with prejudice … may be sealed immediately if the petition is filed with the circuit court clerk on the same day and during the same hearing in which the case is disposed.”

That leads me to believe his charges were dismissed with prejudice as he had his case sealed almost immediately.

That is insane. I can't begin to explain how rare all of this is. Especially in a high profile case. The State could appeal the dismissal being with prejudice, but they obviously don't want to.

This is why I can't get this all to compute in my head. This is so rare and so public that I don't see how anyone would do this and expect to get away with it. He was one dipshit who the court of public opinion already chewed up. He was going to enter a plea deal and then be out of the news.

Why pull such obviously shadey shit and make this an even bigger story than it was going to be? I just don't get it? This is why I keep thinking there has to be more to this.

The next course of action is (beyond the obvious federal case), is to get the Foxx shit canned via an investigation, then have the new County Prosecutor appeal the dismissal with prejudice, hopefully win, then recharge him and burn his corrupt ass to the ground.

quote:

I think that Kamala Harris and Corey Booker might well have been instigators of the Smollett hoax.

That's exactly what it is.
It was an op. A publicity stunt that backfired. A Fake white hate crime!

The CWB Chicago blog once again does some great reporting:

Link

Kim Foxx says Smollett's sweetheart deal is "available to all defendants." Court records tell a different tale.


Cook County State's Attorney Kim Foxx says her office treated accused celebrity hate crime faker Jussie Smollett in the same way that ordinary citizens facing similar criminal charges are treated.

Is that true? Not so much, according to court files that document what has happened to other defendants who've allegedly filed run-of-the-mill false reports with Chicago police. CWBChicago today pulled Chicago Police Department and Cook County Court Clerk records to see just how comparable Smollett's case outcome is other citizens' cases.

The prosecutor who took over the Smollett case when Foxx stepped aside, Joe Magats, said Tuesday that the resolution Smollett enjoys “is available to all defendants; it's not something out of privilege; it's not something out of clout."

Foxx spokesperson Tandra Simonton claimed the Smollett resolution "is not a new or unusual practice.”

But Eric Sussman, who once served as Foxx’s top deputy, had a different take: “I’ve never, ever seen anything like this.”

If Smollett's resolution "is available to all defendants" and "not a new or unusual practice," then there are a bunch of people pleading guilty and saddling themselves with lifetime criminal records for no apparent reason."



Unusual handling
Some other differences between Smollett's case resolution and the route taken by ordinary people are apparent. Smollett's case was concluded in an "emergency hearing" rather than at his next scheduled court date on April 17th.

According to Cook County Circuit Court guidelines, emergency motions require “sudden or unforeseen circumstances” that “rise to the [level of] emergency.” Attorneys seeking an emergency hearing are required to explain “the reason(s) the matter should take precedence.”

Particularly odd was the decision to immediately seal Smollett's court record. Even when individuals are acquitted of crimes, the court record remains accessible to the public until the individual seeks expungement—a 60- to 120-day process that entities such as the Chicago Police Department have an opportunity to contest.

But Smollett's judge yesterday immediately sealed the case, and the case was removed from clerk electronic records within four hours, barring anyone from reviewing the matter. Foxx today said the sealing was an error that would be undone. As of midday on Wednesday, Smollett's case had not returned to the clerk's system.

In addition to ChicagoSigMan's great post, keep in mind the following:

Sometimes prosecutors will drop charges against someone who obviously doesn't need prosecuted. It's rare, but it does happen from time to time. Usually they will make you plead to some low level misdemeanor, but once in a blue moon I was able to get an outright dismissal for a client.

This is when the courts are very, very busy and the client a true quality person who had technically done something wrong and owned it immediately.

I have NEVER seen in it high profile cases. Here's why, part of dismissing charges for people who don't need to be prosecuted is for "the public good." We don't need to waste state resources prosecuting this person, it won't put the public at risk, etc...happy flowery shit.

However, in a public case like this, there is no way a reasonable person can say that. Filing a fake police report and making national accusations is a HUGE deal. Dismissing a case like this absolutely causes public harm because it shows others there is no penalty for these types of actions. It encourages other would be bad actors to participate in these kinds of actions. Guys, this is like law school 101 type shit, that's what I want you to realize. NO WAY you can use the "no public harm" avenue here, because there so obviously is public harm.

TLDR: You can let a guy who no one knows about off the hook, but letting a very public guy slide causes public harm because it encourages other to do it too as they assume there is no consequence.

quote:

would be bad actors

I like it!

quote:

Originally posted by esdunbar:

Also, don't forget that this was not Jussie's first offense. He had a previous "no contest" plea to a misdemeanor charge in California for giving false info to police. That should have weighed against such extreme leniency.

quote:

Originally posted by ChicagoSigMan:

quote:

Originally posted by esdunbar:

Also, don't forget that this was not Jussie's first offense. He had a previous "no contest" plea to a misdemeanor charge in California for giving false info to police. That should have weighed against such extreme leniency.

He had 16 felonies charged against him. 16 There is no conceivable way that anyone should have 16 separate felony charges dropped simultaneously for convenience. It's a sham and has been since the word go. Add in what has happened over the past 2 years with the attempted coup and the lack of prosecution of anyone associated with the Clinton crime machine. Reinforces the notion that there is no justice within this country.

Smollett lawyer said:

"there is no deal"

"the state dismissed the charges"

https://www.cnn.com/videos/us/...-dropped-sot-vpx.cnn

xxxxxxxxxxxxxxxx


and

https://dailycaller.com/2019/0...nadvertently-sealed/

Kim Foxx:

“It was not our decision to have the resolution made under seal,” Foxx explained. “Because of the resolution, Mr. Smollett was allowed to have his criminal record to the police report around the arrest sealed.”

“The court file was not supposed to be sealed,” she added. “I think what happened, the clerk sealed the whole thing. We did not advocate, do not believe that the court file should be sealed.”

“We believe in transparency even on difficult situations, we’ll answer the questions. We did not ask for that file to be sealed. I believe [unsealing the resolution] is in the process now. You will have the court file to look at the court file.”

xxxxxxxxxxxxxxx


one more piece

Jussie Smollett's legal team plans to file a motion Thursday in hopes to have the actor's record expunged.

Smollett’s attorneys continue to insist on his innocence claiming they were ready to move forward with trial, but it was the state to discontinue the matter.

Smollett's team is expected to release a statement Thursday to address a number of issues.

could they be any more obvious ?

https://www.breitbart.com/ente...se-than-his-beating/

SAVANNAH GUTHRIE: If [Jussie Smollett] is a victim of a crime, as he contends, will he urge prosecutors to bring charges against the Osundairo brothers and will he be willing to testify?

TINA GLANDIAN: You know, I think in light of what he’s been through the last two months, he’s really just — he’s told me numerous times — I want to move on.

GUTHRIE: Does that make sense though? This is a terrible attack.

GLANDIAN: What that attack was pales in comparison to the attack on him by the by, by the CPD, by the press, by the public–

GUTHRIE: He would be vindicated if [the Osundairo brothers] were exposed as liars in a court of law, would he not?

GLANDIAN: And we would want that, but what he’s been through after the fact has been a much harsher attack than what he endured that night. This wasn’t a very brutal attack, obviously. It was frightening and something he didn’t deserve, but they didn’t beat him so badly. He, at this point, you know, again, has been victimized much more what happened afterward than what happened that night.

xxxxxxxxx

in another interview, lawyer Glandian suggested that the brothers wore white make up during the attack. She said there was a video of them made up as the Joker.

quote:

Originally posted by Balzé Halzé:

quote:

Originally posted by CPD SIG:

quote:

Originally posted by Balzé Halzé:

quote:

Originally posted by CPD SIG:
Smolette is all set up to win the "Ghetto Lottery" (AKA, A Lawsuit). Guess who's in the crosshairs when it comes to punitive damages? That's right... The Detective.

How can that be even remotely freskin' possible? Everyone knows he's full of shit.

12 people that aren't smart enough to get out of Jury Duty.

That's how.

I just don't believe it. What about the Discovery? All that would come out. It'd be a disaster for him. I think it's just a bluff. Or more to the point, a final, defiant FU to everyone.

Like the sealing of the case and the court order blocking release of documents; the presiding Judge issues a gag order on both parties. I can guarantee that nothing unfavorable to Smellete would be leaked to the media. Smellete's lawyers opening and closing statement in a civil trial would be how corrupt and prejudice the CPD is (bullshit BTW and yet another media spun lie), they are so bad they are under a consent decree.....at this point in the case, the same lawyer would be representing the Nigerian Twins who will have recanted their statements and will be saying the police beat the confession out of them.

From the Second City Cop Blog, this was posted last night:


They are scrambling to find any of the 5700 times they have done something similar.

Now Rahm is tweeting that Trump, the fbi and DOJ should sit this one out.

Fuck you Rham!
For once, BRING ON THE FEDS!

https://www.chicagotribune.com....html#nt=oft13a-4gp1