Empire” actor Jussie Smollett, center, arrives at Leighton Criminal Court Building for a hearing to discuss whether cameras will be allowed in the courtroom during his disorderly conduct case on Tuesday, March 12, 2019, in Chicago. (AP Photo/Matt Marton)
by AMANDA SEITZ and MICHAEL TARM, The Associated Press
CHICAGO (AP) — In an astonishing reversal, prosecutors on Tuesday abruptly dropped all charges against Jussie Smollett, abandoning the case barely five weeks after the “Empire” actor was accused of lying to police about being the target of a racist, anti-gay attack in downtown Chicago.
The mayor and police chief blasted the decision and stood by the investigation that concluded Smollett staged a hoax. A visibility angry Mayor Rahm Emmanuel called it “a whitewash of justice” and lashed out at Smollett. He asked, “Is there no decency in this man?”
Smollett’s attorneys said his record had “been wiped clean” of the 16 felony counts related to making a false report that he was assaulted by two men. The actor insisted that he had “been truthful and consistent on every single level since day one.”
It was not immediately clear what prompted the decision to dismiss the case. In a statement, the Cook County prosecutors’ office offered no detailed explanation. The city will keep the $10,000 in bail money that Smollett paid to get out of jail after his arrest.
“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 statement from spokeswoman Tandra Simonton said.
Typically, a minimum condition of dropping cases is some acceptance of responsibility. Outside court, neither Smollett nor his legal team appeared to concede anything about his original report.
Defense attorney Patricia Brown Holmes said Smollett was “attacked by two people he was unable to identify” and “was a victim who was vilified and made to appear as a perpetrator.”
Authorities alleged that Smollett, who is black and gay, knew the men and arranged for them to pretend to attack him.
Among the unanswered questions was whether prosecutors still believe Smollett concocted the attack or whether new evidence emerged that altered their view of events.
Emmanuel, who is in his final weeks in office after two terms, said the city saw its reputation “dragged through the mud” by Smollett’s plan to promote his career. The hoax, the mayor said, could endanger other gay people who report hate crimes.
“Now this casts a shadow of whether they’re telling the truth, and he did this all in the name of self-promotion,” he said.
Police Superintendent Eddie Johnson stood by the department’s investigation and said Chicago is “is still owed an apology.”
“I’ve heard that they wanted their day in court with TV cameras so that America could know the truth. They chose to hide behind secrecy and broker a deal to circumvent the judicial system,” Johnson said at a graduation ceremony for new police cadets.
Chicago’s top prosecutor, Cook County State’s Attorney Kim Foxx, recused herself from the investigation, citing conversations she had with a Smollett family member.
Smollett was accused of falsely reporting to authorities that he was attacked around 2 a.m. on Jan. 29 in downtown Chicago. Investigators said he made the report because he was unhappy with his pay on “Empire” and believed it would promote his career.
The actor plays the gay character Jamal Lyon on the hit Fox TV show that follows a black family as they navigate the ups and downs of the recording industry.
He reported that he was assaulted on his way home from a sandwich shop. Smollett said two masked men shouted racial and anti-gay slurs, poured bleach on him, beat him and looped a rope around his neck. He claimed they shouted, “This is MAGA country” — a reference to President Donald Trump’s “Make America Great Again” campaign slogan. He asserted that he could see one of the men was white because he could see the skin around his eyes.
Police said Smollett hired two men, both of whom are black, to attack him. Smollett allegedly paid the men $3,500.
The men are brothers Abimbola “Abel” and Olabinjo “Ola” Osundairo, and one of them had worked on “Empire.” An attorney for them has said the brothers agreed to help Smollett because of their friendship with him and the sense that he was helping their careers.
Police have also said that before the attack, Smollett sent a letter that threatened him to the Chicago studio where “Empire” is shot. The FBI, which is investigating that letter, has declined to comment on the investigation.