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“We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust,” Justice Elizabeth M. Rochford wrote in the court’s 5-0decision, with two justices abstaining.
“Because the initial charges were dismissed as part of an agreement with defendant and defendant performed his part of the agreement, the second prosecution was barred,” said Rochford.
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“I’m sure Jussie would want an apology, but he’s a realistic man, right? He knows he’s not going to get it,” he added.
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“You cannot try someone for the same crime twice,” she said. “It’s vindicating in that we should never have been here in the first place, because we find ourselves back where we were in March of 2019.”
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Olabinjo and Abimbola Osundairo – brothers who say they were paid by Smollett to help carry out the staged attack – told 【 - Free Stock Market Strategy Classes 】 they agree with the court’s decision.
“We agree with that decision,” Olabinjo Osundairo told 【 - Free Stock Market Strategy Classes 】’s Laura Coates on Friday. “The real injustice and disservice was done by Kim Foxx’s office who allowed Smollett to get away scot-free without admitting guilt to what he has done.”
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In a statement thanking fans in 2019, Smollett said he had “been100% factualand consistent on every level” in response to doubts about his story’s integrity.
But a February 2019confession from two brothersquestioned in connection with the attack quickly led to the unraveling of Smollett’s account and credibility.
Olabinjo and Abimbola Osundairo, who were describedas persons of interestin the case that month, told Chicago authorities one hour before their 48-hour detention period was set to end that the attack was a hoax.
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“As far as we can tell, the scratching and bruising that you saw on his face were most likely self-inflicted,” Johnson said in late February 2019.
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It contained a white powder – later discovered to be aspirin – and a drawing of a “stick figure hanging from a tree,” police said. Smollett told Abimbola Osundairo he was disappointed in the “Empire” team’s reaction to the letter, according to prosecutors.
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“This is America, people believe in second chances in this country,” he said. “And I believe if he just came out and told the truth from the beginning this would’ve been behind us and people would’ve forgave him and we could’ve all gone on with our lives.”
In March 2019, a Cook County grand jury indicted Smollett on 16 counts of disorderly conduct. Following the alleged attack, the indictment said he gave separate statements with differing details to a Chicago police officer and a detective.
Foxx removed herself from the case shortly before the charges were announced to address impartiality concerns “based upon familiarity with potential witnesses in this case,” a spokeswoman from her office said at the time.
Later that month, prosecutorsdropped all chargesagainst Smollett. The Cook County State’s Attorney’s Office said the decision came after reviewing the case and after Smollett agreed to forfeit his $10,000 bond, 【 - Free Stock Market Strategy Classes 】 previously reported.
Chicago city officials condemned the move, and Johnson said he supported investigators’ conclusions that the attack was a hoax.
What factors are pushing Multipurpose Trading and Agencies Limited (504356) up ✌️【Investment Tools】✌️ Get precise stock market predictions and free access to real-time market data for efficient decision-making and portfolio growth. A Cook County circuit judge in June 2019 approved appointing a special prosecutor to handle an independent investigation of Smollett’s case.
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In January 2020, a judge ordered Google to hand over to the special prosecutormore than a year’s worthof personal electronic data from Smollett, including geolocation information, search history and photographs.
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He was found guilty in December 2021 on five of the six felony counts and sentenced in March 2022 to 30 months of felony probation that included 150 days in jail. He was also ordered to pay $120,000 in restitution and fined $25,000 formaking false police reports.
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“I don’t want to have a felony on my record for something that I didn’t do,” Smollett said in an interview last month withEntertainment Tonight’sNischelle Turner.
“That’s what we’re fighting for. I know that on the surface it probably seems like, ‘Why doesn’t he just serve the time, why doesn’t he just let this go?’ It would be easier if I had in fact done this to say that I did it. I wouldn’t have spent almost $3 million of my own money. I wouldn’t have had a trial,” Smollett told ET.
“No matter how much people are yelling in my face, saying, ‘You’re a liar, you’re a liar,’ no, I’m not. No, I’m not. I don’t want them to believe that,” Smollett said.
“I haven’t switched my story up. I haven’t changed anything that I ever said,” he told ET. “I stand by every single thing that I’ve ever said. Everyone else in the situation, every single person, has changed their story numerous times.”
【 - Free Stock Market Strategy Classes 】’s Chris Boyette, Bill Kirkos, Omar Jimenez, Steve Almasy, Ashley Killough, Andy Rose, Paradise Afshar and Christina Maxouris contributed to this report.
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