3 hours Ago
A deal is a deal — even if it’s a dirty, stinkin’, rotten one made by a politically compromised prosecutor who sold out the public interest to accommodate a celebrity con man and his connected allies. Says who? Says the Illinois Supreme Court. Of course, the high court didn’t put it that way in its unanimous opinion this week that overturned the conviction of actor Jussie Smollett for orchestrating a racial hoax that drew national attention.
Instead, it said, not unreasonably, that it overturned Smollett’s conviction because the state has a “responsibility to honor the agreements it makes with defendants” and ruled that its initial deal to dismiss the case against him could not be undone. Some members of the public may remember Smollett, a small-time TV actor in the “Empire” television series. It may further recall the national media furor that followed the 2019 hate-crime hoax he pulled by falsely claiming to have been physically assaulted by gay-bashing fans of then-President Donald Trump.
Poor Smollett, everyone cried. Celebrities and TV newshounds fell all over themselves expressing their outrage over his heroic stand against hate. Smollett claimed to have vanquished his foes one-handed — his other hand held an undamaged sandwich.
His flair for the dramatic was obvious when detectives who interviewed him after the alleged assault noted that he still had rope around his neck he said was put there by his alleged attackers. The truth, however, was quite different. Evidence revealed that Smollett had hired two members of his film crew to stage the phone attack.
The whole thing was a poorly disguised sham. Ultimately, Smollett was charged with felony disorderly conduct by the office of Cook County State’s Attorney Kim Foxx. But a couple weeks later, Foxx dismissed the charges after Smollett agreed to forfeit his $10,000 bond.
That apparently was that. Or was it? Retired appellate court Judge Sheila O’Brien thought Foxx’s deal stunk to high heaven and successfully petitioned the courts for appointment of a special prosecutor. Ultimately, Smollett was recharged, tried, convicted and sentenced to pay a fine and restitution and serve 150 days in jail.
Insisting on his innocence and claiming immunity from prosecution because of his deal with Foxx, Smollett appealed. On Thursday, the high court announced — in a 5-0 decision — that, in fact, Smollett was improperly recharged and convicted. The justices knew their opinion would not go down well, a reality that prompted Justice Elizabeth Rochard to call for public understanding.
“We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust. Nevertheless, what would be more unjust than the resolution of any one criminal case would be a holding from this court that the state was not bound to honor agreements upon which people have detrimentally relied,” she wrote. Her opinion does not come out of left field.
When the appellate court affirmed Smollett’s conviction, a dissenting justice cited Smollett’s deal with Foxx as grounds for tossing the case. Some might be angered by the ruling, but it’s well within legal bounds. Unfortunately, the deal Foxx made with Smollett also fits within Illinois’ pervasively corrupt political boundaries, proving once again the public has no real recourse when fraudster prosecutors give undeserved breaks to those with clout.
Foxx is now voluntarily leaving office after two disastrous terms. Her chief accomplishment was not overseeing weakened prosecution policies that have led to skyrocketing crime rates. Instead, it was reminding everyone in Cook County — and beyond — of what they already knew.
There are two sets of rules — one for the celebrated who have or can hire powerful benefactors, and another for those bereft of such influence..
