Smollett case could undermine prosecutor’s reform efforts
Chicago’s top prosecutor drew heavy criticism after she recused herself from the case against Jussie Smollett and then complained in text messages to a subordinate that her office had overcharged the “Empire” actor.
But anyone who has followed Kim Foxx’s work recognized in the texts the same reforms she has been implementing for years: Don’t overcharge for nonviolent crimes and, whenever possible, offer alternatives to taking a suspect to court.
“Just because we can charge something doesn’t mean we should,” Foxx said in a March 8 text to her top deputy at the Cook County State’s Attorney’s Office, referring to the 16 felony counts of disorderly conduct that were filed against Smollett, who was accused of staging a racist, anti-gay attack on himself. “It’s not who we want to be.”
The decision to dismiss the charges against Smollett may have followed Foxx’s reform agenda, but it prompted an outburst of personal threats. Her chief of staff, Jennifer Ballard Croft, says the threatening messages came in the form of emails and calls, but declined to provide additional details about the specific nature of the threats.