IL - Actor Jussie Smollett allegedly attacked in hate crime Jan 2019 #5 Smollett indicted”

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PrairieWind said:
That remains to be seen. We would need to know a lot more about what exactly happened. In my experience, such behind the scenes dealings would be more of an ethical violation violating rules of professional responsibility and dealt with by the State Bar. Resulting in a public reprimand or even suspension. But I have very little confidence in that. State Bar functions are all very political in every state, and SA Foxx is well connected, so I don't expect much there. The Bar may say, "its being dealt with, but its all confidential." And nothing happens. If there is actual bribery or coercion, that could be investigated and prosecuted as corruption or various other charges, state or federal. But that kind of case is difficult to prove. The participants are smart enough to not actually pay money for the favor. But more likely its an understanding of "you do this big favor for me, and then when you need a favor, I'll return it." So its very difficult to show the quid pro quo. This "subtle corruption" is rampant.
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With her arrogance, I didn’t think she was afraid of being exposed for what she is. Not in the least. Guess I was just hoping. It is really too bad. (I figured she was promised a higher position for doing the favor.)
 
Gardenista said:
Charlie De Mar‏Verified account @CharlieDeMar
More from Jussie Smollet team. STATEMENT FROM JUSSIE SMOLLETT'S DEFENSE TEAM REGARDING MAYOR EMMANUEL'S STATEMENT “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. Jussie has paid enough.”
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They keep putting their feet in their mouths. This is ugly and may create a war.
 
PrairieWind said:
Jeopardy is different from "prejudice." But as to whether misconduct could undo a "dismissal with prejudice", I don't know. I don't think it could. None of this of course affects federal charges.
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Jeopardy is linked to Prejudice. We know factually this was only at the pretrial stage (no jeopardy) and it doesn't sound like there's any clear plea deal. We need more details, but I think there has to be more meat to it in order to prevent some other SA from reopening the case. This is from another state, but Foxx seems to be linking this to a pretrial diversion, which only stays prosecution:
90083 -- State v. Cameron -- Pierron -- Kansas Court of Appeals

Also from another state:
We agree with the trial court that, after applying the undisputed facts in this case to the plain language of the relevant statutes (quoted supra), it is clear that Ellerbee and Palmer's prosecution in Calhoun County was not barred by their decision to enter into a pretrial intervention program (a type of program expressly authorized by our General Assembly 26 ) in lieu of prosecution in Irwin County (a purpose which is recognized by the very statute that authorizes such programs 27 ). And while there might arguably be some tension between the incentive to enter into and complete a pretrial diversion program (which the appellants had not yet done at the time of their pleas in bar) and the principles that are applicable to double jeopardy,28 we need not address or attempt to resolve any such tension at this time. Once again, under the relevant facts and law applicable to this case, because Palmer and Ellerbee were not actually prosecuted in Irwin County, jeopardy did not attach.
FindLaw's Court of Appeals of Georgia case and opinions.
 
Gardenista said:
Charlie De Mar‏Verified account @CharlieDeMar
More from Jussie Smollet team. STATEMENT FROM JUSSIE SMOLLETT'S DEFENSE TEAM REGARDING MAYOR EMMANUEL'S STATEMENT “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. Jussie has paid enough.”
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This is a never-ending joke. What's scary is that he and his defense team actually believe this. Edited to add - and any Jussie supporters out there.

Love Never Fails said:
They keep putting their feet in their mouths. This is ugly and may create a war.
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BBM - Yes it is and it keeps getting worse.
 
SpanishInquisition said:
Jeopardy is linked to Prejudice. We know factually this was only at the pretrial stage (no jeopardy) and it doesn't sound like there's any clear plea deal. We need more details, but I think there has to be more meat to it in order to prevent some other SA from reopening the case. This is from another state, but Foxx seems to be linking this to a pretrial diversion, which only stays prosecution:
90083 -- State v. Cameron -- Pierron -- Kansas Court of Appeals

Also from another state:
We agree with the trial court that, after applying the undisputed facts in this case to the plain language of the relevant statutes (quoted supra), it is clear that Ellerbee and Palmer's prosecution in Calhoun County was not barred by their decision to enter into a pretrial intervention program (a type of program expressly authorized by our General Assembly 26 ) in lieu of prosecution in Irwin County (a purpose which is recognized by the very statute that authorizes such programs 27 ). And while there might arguably be some tension between the incentive to enter into and complete a pretrial diversion program (which the appellants had not yet done at the time of their pleas in bar) and the principles that are applicable to double jeopardy,28 we need not address or attempt to resolve any such tension at this time. Once again, under the relevant facts and law applicable to this case, because Palmer and Ellerbee were not actually prosecuted in Irwin County, jeopardy did not attach.
FindLaw's Court of Appeals of Georgia case and opinions.
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Normally with a diversion or deferral, there is a written agreement, filed or unfiled, that spells out what the terms are. "If defendant does x, y, z the State will dismiss charges" or "State will dismiss without prejudice with understanding that defendant to x, y, z and if he doesn't the state reserves the right to refile." But both the State and defense here are saying there is no agreement, just a dismissal. But obviously there was some agreement because Jussie forfeited bond and hurried out and in two days did some "community service" (though I struggle to see how that qualifies as community service). In return for that, the case was dismissed. I can't imagine JS's attorney would agree without it being "with prejudice" because they knew this raise a stink. I think the SA and defense got the Court to seal the file to hide the fact that the State completely threw in the towel. I think the sealing of the file is to try to protect the SA and the Judge, not JS.
 
squareandrabbet said:
I really hate to do his teams story concocting for them, but... does he mean like Clown White? How thick would it have to be? Aren’t actors used to looking at themselves or others in heavy layers of special obviously-so stage and film makeup, so JS would know the difference between it and bare skin under streetlights?

Or does he mean 0001 Ivory foundation, or whatever on the L’Oreal shelf? After which the same questions arise? ‘Cuz I can’t imagine Clown White looks vaguely Caucasian white. It would look like you were a victim of Pennywise.
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Do they make "Privileged White" make up ?.....moo
 
PrairieWind said:
Normally with a diversion or deferral, there is a written agreement, filed or unfiled, that spells out what the terms are. "If defendant does x, y, z the State will dismiss charges" or "State will dismiss without prejudice with understanding that defendant to x, y, z and if he doesn't the state reserves the right to refile." But both the State and defense here are saying there is no agreement, just a dismissal. But obviously there was some agreement because Jussie forfeited bond and hurried out and in two days did some "community service" (though I struggle to see how that qualifies as community service). In return for that, the case was dismissed. I can't imagine JS's attorney would agree without it being "with prejudice" because they knew this raise a stink. I think the SA and defense got the Court to seal the file to hide the fact that the State completely threw in the towel. I think the sealing of the file is to try to protect the SA and the Judge, not JS.
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I would think exactly these things would affect the validity of a dismissal with prejudice where a new SA could come in and try the case, saying there's no double jeopardy. This really comes across as Foxx effectively giving JS a Smollett a pardon, which is beyond the power of both Foxx and whatever judge was involved. If there's no plea deal or a virtually non-existent plea deal and Foxx is trying to bar another SA from prosecuting it at a later time, that would seem to violate the state Constitution with only the Governor able to do that with a pardon...and even for pardons in Illinois, a criminal conviction has to happen first and this is beyond that. It would be a seriously dangerous precedent if people could commit felonies and then be barred from ever being prosecuted for them without having any real plea agreement, which what Foxx did doesn't seem like a power any SA/DA should have and I question whether they actually have the legal power to do this. With Cosby his deal was only valid with the then-prosecutor and it didn't bar another prosecutor from trying him.
 
MorbidGateway said:
Hopefully the FBI can find something to get them all for. I've been calling Kim Foxx's office every day in the hope that someone might answer the phone. Someone needs to go find her and have a friendly conversation with her.
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She may have hitched a ride with Smollett to the NAACP Image Awards Show in LA ???...This sleuthing is confusing sometimes......moo
 
PrairieWind said:
Normally with a diversion or deferral, there is a written agreement, filed or unfiled, that spells out what the terms are. "If defendant does x, y, z the State will dismiss charges" or "State will dismiss without prejudice with understanding that defendant to x, y, z and if he doesn't the state reserves the right to refile." But both the State and defense here are saying there is no agreement, just a dismissal. But obviously there was some agreement because Jussie forfeited bond and hurried out and in two days did some "community service" (though I struggle to see how that qualifies as community service). In return for that, the case was dismissed. I can't imagine JS's attorney would agree without it being "with prejudice" because they knew this raise a stink. I think the SA and defense got the Court to seal the file to hide the fact that the State completely threw in the towel. I think the sealing of the file is to try to protect the SA and the Judge, not JS.
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I agree, they're covering themselves. Getting more disgusted by the minute!

The whole lot of them need to be investigated IMO
 
mickey2942 said:
Discretion would be best served here. That being said, I believe that this situation does not merit any sort of political action, or the intervention of a president. This is not a situation for the president to get involved in. It is local politics, let them sort it out.
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Perhaps you are correct. BUT, President Trump has the right to express his disgust as well.
 
Ok, the thread is now open.

Do not bring in the Trump administration or any other unnecessary off-topic information.

If I had given thread bans to all the people who violated TOS lately with their political postings we literally would have had maybe 4 posters who rarely post.

Rather than trying to thread ban everyone I decided to give everyone a second chance.

Thousand of posters every day follow the rules and post without a problem.

I know you can do it if you try.

Thank you,
Tricia
 
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