Jussie Smollett’s legal battle isn’t over yet.
The former Empire star's most recent charges won’t be dropped—and Chicago’s State Attorney, Kim Foxx who first tried the case, called it a “bullshit” decision and wondered why so much credence is being given to what she dismissed as merely at “prank,” Page Six reports.
Smollett’s lawyers contended in an emergency petition that a judge violated his authority and misconstrued the law when he ordered a new special prosecutor to be in charge of the case. However, on Friday, the Illinois Supreme Court decided not to throw out the charges, which boil down to six counts of disorderly conduct. The court did not explain its judgment.
After learning that Smollett wasn’t able to get the special prosecutor dismissed from the case, Foxx offered her viewpoint on the legal battle and explained why she dismissed it last year.
“This issue with Smollett … excuse my language, it’s bullshit,” Foxx said on Thursday on the Ben Joravsky Show. She was amazed at how this has become a landmark case for Chicago, a city that has more pressing matters to attend to.
“We have an abysmal homicide clearance rate; we have horrible violence; and [the attention is on] this case about a low-level offense with an actor who pulled a prank,” she said. “I’m not saying it wasn’t offensive; I’m not saying it wasn’t something that garnered our attention; but a year later, when I’m sitting with parents who are mourning the loss of their children...” she said, pointing to the city’s growing homicide rate.
Foxx said that regular Chicagoans “thought that this case was stupid” and “have moved on.” She added that "the fact that those in power … have chosen not to, I think speaks volumes.”
Smollett was indicted by the new special prosecutor, Dan Webb in February. At the time, Webb shared a statement, saying, “further prosecution of Jussie Smollett is in the interest of justice.” Webb was brought on to the case in August 2019 to examine why charges against Smollett were dropped in March 2019.
In late February, Smollett pleaded not guilty of the six felony charges, at which point he filed a motion to have the charges dismissed.