Chicago Seeking $130,000 from Jussie Smollett for Funds Used in Investigation

The decision to drop all 16 felony charges against US actor Jussie Smollett who was accused of staging a hoax hate crime attack against himself has revived debate about prosecutorial discretion. GETTY IMAGES NORTH AMERICA  AFP  File  NUCCIO DINUZZO

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Both Chicago's mayor and police department are furious and left little doubt they believe in Smollett's guilt, or at least that he should be tried.

Smollett maintained his innocence as he addressed the media on Tuesday after charges were dropped. ABC Chicago reports that the Federal Bureau of Investigation is also "reviewing circumstances surrounding the dismissal of criminal charges against Jussie Smollett". "It is an embarrassment to our Nation!" he wrote on Twitter.

"The police are right now finalizing the cost that was used, police resources to come to the understanding this was a hoax and not a real hate crime", Emanuel said.

Shortly before Smollett was charged in February, detectives arranged to have two brothers who had allegedly been hired to attack the actor appear before the grand jury at the Leighton Criminal Court Building at 26th Street and California Avenue.

Jussie's attorney's responded by stating, "It is the Mayor and the Police Chief who owe Jussie - owe him an apology - for dragging an innocent man's character through the mud".

In the past, city officials have sought restitution from other people who made false reports and from businesses that pursued city contracts by seeking disadvantaged business status, said a spokesman for the legal department, Bill McCaffrey.

The FBI is also reportedly investigating claims that Smollett mailed a threatening letter with a picture of a noose and some fake anthrax to himself at Fox's Empire studios.

Cook county prosecutors abruptly announced they would not prosecute Smollett.

Empire actor Jussie Smollett appears in court with his
attorney Tina Glandian, who says no deal was made for the dismissal of felony charges against him. POOL  AFP  File  E. Jason Wambsgans

An organization that represents about 2,700 prosecutors' offices around the country is slamming Cook County State's Attorney Kim Foxx in Chicago for her actions in the Jussie Smollett case.

Foxx dismissed the public outcry around it and said only the people "in the weeds" of the justice system would understand that it was actually commonplace and had happened thousands of times before.

In a series of interviews on Wednesday, she said that what had been agreed between his team and hers was what is known as "alternative prosecution" whereby a defendant agrees to a certain set of term and has the case dropped in exchange.

Foxx recused herself from the case after acknowledging she had discussed it with a relative of Smollett.

"The court file was not supposed to be sealed".

Tchen said her "sole activity" was to put the prosecutor in touch with "an alleged victim's family".

Instead, she accused Chicago cops of bungling the initial investigation into the Osundairo brothers, because they very well could have posed as white men to try and get away with the attack on Smollett, who had only seen what he thought was "white or pale skin" through the eye holes of his attackers' ski masks.

'SNL' skewers the ongoing Jussie Smollett saga
Mayor Rahm Emanuel wants Smollett to reimburse the city $130,000 to cover the cost of overtime hours spent on the investigation. Smollett has maintained his innocence and said he has been " truthful and consistent " since the saga began.

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