The initially formal request has been filed for a particular prosecutor just after the state’s attorney’s workplace dropped all 16 charges that accused Jussie Smollett of staging a hate crime on himself, Persons confirms.
Chicago-primarily based lawyer Saani Mohammed tells Persons he filed a 10-web page petition on Thursday asking for a particular prosecutor to take up the case against Empire‘s Smollett.
In addition, Mohammed is asking the particular prosecutor to appear into no matter whether Cook County State’s Lawyer Kim Foxx’s workplace interfered with the investigation.
“I want to see that the correct issue is carried out, the correct way,” Mohammed tells Persons about his choice to file his petition.
“I want to let the public know that the justice program is for everyone. There’s no separate justice program for unique classes of folks,” adds Mohammed, who was an assistant state’s lawyer in Foxx’s workplace till final month to pursue private practice.
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Alleging that Foxx’s handling of the case was “plagued with irregularity,” Mohammed’s petition states that no written agreement was entered in dropping the charges against Smollett and he was not expected to admit any wrongdoing, enabling him to “perpetrate the very same lie that formed the basis of the crime,” according to the documents obtained by the Chicago Tribune.
“Indeed, Mr. Smollett now claims that the dismissal of the charges exonerates him and validates that he was not only the victim of a hate crime, but also that he was unjustly vilified and smeared by the Chicago police and the whole Cook County criminal justice program,” the petition stated.
On Smollett’s dropped charges, the Cook County State’s Attorney’s Workplace previously confirmed to Persons: “After reviewing all the information and situations of the case, such as Mr. Smollett’s volunteer service in the neighborhood and agreement to forfeit his bond to the City of Chicago, we think this outcome is a just disposition and proper resolution to this case.”
Smollett, 36, had faced 16 counts of disorderly conduct for allegedly fabricating information of an assault that occurred about two a.m. regional time on January 29 on a street in his Chicago neighborhood.
The black and openly gay actor claimed the two mask-clad guys who attacked him hurled racist and homophobic insults, doused him with a chemical, and slipped a rope about his neck, which Smollett nevertheless had on when later interviewed by police.
All through the case, Smollett maintained his innocence. The actor previously pleaded not guilty to allegations that he lied to police when he stated he was attacked by two guys in what authorities later had claimed was a staged incident to draw consideration to himself.
Chicago Police Superintendent Eddie Johnson later told reporters that two guys — Nigerian brothers Abel and Ola Osundairo, who have been acquaintances of Smollett — admitted their roles but stated they have been acting at Smollett’s path, and police recovered a $three,500 verify they portrayed as Smollett’s payment to the two guys for the alleged hoax attack. Police stated telephone records revealed Smollett had spoken with the guys an hour prior to the attack, an hour just after the attack, and although they have been out of the nation as the investigation unfolded.
Johnson alleged that Smollett’s motive was to attract consideration and sympathy with the target to increase his salary on Empire, a hit FOX Television show.
The brothers subsequently issued an apology via their lawyer for their involvement in the incident, even though they did not specify what they did. Neither has been charged.
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Smollett’s lawyer, Patricia Brown Holmes, previously told reporters that Smollett’s $three,500 verify to the brothers was to cover Smollett’s nutrition and education regimen. “They have been his trainers,” she stated.
Following the dropped charges, Smollett’s attorneys, Holmes and Tina Glandian, released a statement to Persons saying, “All criminal charges against Jussie Smollett have been dropped and his record has been wiped clean of the filing of this tragic complaint against him.”
Smollett’s attorneys and reps did not instantly respond to PEOPLE’s request for comment concerning Mohammed’s petition.
Associated VIDEO: Jussie Smollett Probably Wouldn’t Have Gone to Prison Even if Identified Guilty at Trial
Meanwhile, state lawyer Foxx has been getting backlash just after she recused herself from the case prior to Smollett was charged and assigned the case to her deputy.
Then, the Chicago Sun-Occasions later reported that Tina Tchen, a Chicago lawyer and former chief of employees to initially lady Michelle Obama, place Foxx in touch with members of Smollet’s family members days just after he told police he was the victim of a hate attack.
In a statement to Persons, Tchen stated: “I know members of the Smollett family members primarily based on prior operate collectively. Shortly just after Mr. Smollett reported he was attacked, as a family members pal, I contacted Cook County State’s Lawyer Kim Foxx, who I also know from prior operate collectively. My sole activity was to place the chief prosecutor in the case in touch with an alleged victim’s family members who had issues about how the investigation was getting characterized in public.”
In his petition, Mohammed refers to Tchen as a “politically connected ally” and alleges Foxx improperly “used her position to intervene in the investigation” on Smollett’s behalf, according to the Tribune.
Foxx’s workplace did not instantly respond to PEOPLE’s request for comment concerning Mohammed’s petition.
Even though charges that he staged his personal hate crime have been dropped, Smollett has not been exonerated of the alleged conduct, nor does this imply there will be no additional criminal charges brought against him.