Attorney Kim Foxx, Chicago attorney, is accused of lying by the former subordinate who advised her not to appoint a special prosecutor to handle the controversial Jussie Smollett hate crime case
Chicago State lawyer Kim Foxx is accused of lying by the former staff member who advised her not to appoint a special prosecutor to handle the controversial Jussie Smollett case against hate crimes.
Foxx told reporters on Friday that they & # 39; the advice and advice of my then Chief Ethics Officer & # 39; followed when she decided to order a special prosecutor to monitor whether or not Smollett was charged for organizing an anti-black and homophobic hate crime against herself back on January 29 with the help of Olabinjo and Abimbola Osundairo, the brothers of the body-built Smollett had previously trained and worked.
But Foxx's former Chief Ethics Officer, April Perry, said her old boss's claim is incorrect.
She sent an email to reporters on Friday saying that not only are Foxx & # 39; claims contradictory, but the opposite appears to be correct.
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Foxx told reporters that she followed her advice from former chief ethics officer April Perry when she decided to appoint a special public prosecutor to lead the criminal case against Smollett (photo), but Perry, who resigned in April, said that Foxx is lying
April Perry, former staff member for Kim Foxx (left), said she was advising her former boss & # 39; First Assistant Joseph Magats (right) to ask a foreign lawyer to take over the Smollett case, but said Foxx wanted her own office to deal with it and refused to make the request
& # 39; My advice was that First Assistant Joseph Magats sought court approval and in this matter asked for an appointment of a Special State & # 39; s Attorney & # 39 ;, Perry wrote in an email that was obtained by Page Six.
& # 39; I prepared a motion and an order and emailed it to the First Assistant on February 20. Shortly after I sent that email, the First Assistant advised me that State Attorney Foxx determined that the motion and the order should not be submitted, & she added.
Court records obtained by page six show that Foxx has never issued a special public prosecutor order, which would have deterred not only her but also her entire office, including Magats, from working on the Smollett case.
Magats is the lawyer who finally decided to drop all charges against Smollett.
First Assistant Joseph Magats (right) dropped all 16 charges filed against Smollett on March 25
Cook County Judge Michael Toomin on Friday ordered a special prosecutor to re-investigate the Smollett case, and said the Foxx office had handled it incorrectly by effectively calling her own special prosecutor
& # 39; It is the task of the Chief Ethics Officer to provide the best possible advice and guidance based on the facts given to her at that time. Sometimes that advice is followed, sometimes not, & Perry said Friday.
Cook County Judge Michael Toomin ordered a special prosecutor to re-examine the Smollett case on Friday, saying that Foxx's office had handled it incorrectly by effectively calling her own special prosecutor.
& # 39; State lawyers clearly have no intention of having unbridled authority to appoint special prosecutors, & # 39; said Toomin according to the Chicago Tribune. & # 39; (Foxx) appointed (her top assistant) to an office, to an entity that has no legal existence. … There is no office of the & # 39; acting state attorney & # 39 ;. It only existed … in Mrs. Foxx's imagination. & # 39;
Toomin & # 39; s fellow Cook County judge, Marc Martin, piled on criticizing Foxx & # 39; s management of the Smollett case on Friday during lawsuits in a separate criminal case against 21-year-old Hoffman Estates villager Candace Clark.
Candace Clark has been ordered to pay $ 2,800 for restitution for an alleged felony charged with filing a fake report by the Foxx office, although Clark denies committing the felony
Smollett initially avoided having to pay $ 130,000 in refund, the estimated amount of money that the city of Chicago spent investigating his alleged hate crime, when the 16 charges against him were rejected on March 25.
Like Smollett, Clark has been accused of a number of crimes for submitting a false report. Authorities say she has an acquaintance withdraw money from her bank account before telling the police that the money has been stolen, an indictment she denies.
Unlike Smollett, Clark, who says she has a permanent job, has been instructed to pay $ 2,800 for restitution.
Judge Martin disputed the apparent contradiction.
& # 39; I would like to know why Mrs Clark is treated differently from Jussie Smollett. It is a disorderly behavioral case, a lot less blatant than Mr. Smollett's case, & # 39; Martin said in court, according to data obtained by Fox 32. & # 39; Madam. Clark is not a movie star. She doesn't have an expensive lawyer. And this smells a lot of time. Your office has created this mess. There is no publicity about this case. Press gets this, it is in the newspaper. & # 39;
Clark also said she doesn't think the way prosecutors treat her is fair.
& # 39; I have no publicity, & # 39; she told Fox 32. & # 39; I'm just a girl trying to get it here, doing a job, working ten hours a day, & # 39; by night … I'm not Jussie Smollett. I wish I were. & # 39;
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