Newly released texts, emails show behind-the-scenes of Smollett fallout

Kim Foxx and Jussie Smollett

The Cook County State's Attorney whose office was tasked with handling the prosecution of "Empire" actor Jussie Smollett at one point referred to him as a "washed up celeb who lied to cops" yet argued that he was being charged with an excessive amount of felonies.

"Pedophile with 4 victims 10 counts [a reference to R. Kelly]".

Foxx went on to make a comparison between Smollett's case and another.

The lawsuit laid out a detailed account of the allegations against Smollett, who told police he was attacked January 29 by two men who shouted homophobic slurs at him, wrapped a noose around his neck and poured an unknown liquid on him. I am recused, but when people accuse us of overcharging cases.

Foxx issued a statement on February 19 recusing herself from high-profile case.

The materials shed light into the frustrations and pressure that Foxx's office was facing as it handled the Smollett case. Chicago Police Supt. Eddie Johnson said police have the check.

In addition, it appeared the prosecutors' office notified Chicago police only moments before the charges were dropped as reporters were already gathering in the courtroom - tipped off by a publicist for Smollett's legal team.

Joseph Magats, the First Assistant in the State's Attorney's office, ultimately made the decision not to prosecute the case. Smollett, who was accused of hiring two men to fake an attack on him near his Streeterville home, forfeited $10,000 he'd posted for bond to the city of Chicago, and left the courthouse proclaiming his innocence.

The texts are among dozens sent between Foxx and Magats after Foxx claimed she stepped away from the case. But Foxx's office has since said she removed herself from the case only informally, since an actual recusal would have required her entire office to step aside and request the appointment of a special prosecutor.

Citing a court order sealing all records in the case, the office did not turn over a flurry of emails exchanged among Criminal Division chief Risa Lanier and Smollett's Chicago-based attorney Patricia Brown Holmes over about three days before the charges were dismissed, nor hundreds of other emails and text messages requested by the Chicago Sun-Times and other media organizations.

Johnson, though, was furious over the decision and publicly blasted it - along with Mayor Rahm Emanuel. In addition to that, Love said Smollett actually asked her to share the details of their personal conversation on the show.

The move to drop charges has provoked fierce criticism. And city officials sued the actor for $130,000 last week, seeking reimbursement for funds spent investigating what they called bogus hate crime allegations.

Police said the two brothers wore gloves during the staged attack, and did punch Smollett, but the scratches and bruises on Smollett's face most likely were self-inflicted.

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