FOXX: Two-day gaffe becomes lifelong screwup |
The
newspaper managed to get ahold of text messages within the Cook County state’s
attorney’s office – and found a message from State’s Attorney Kim Foxx herself.
ONE
THAT SAID Foxx thought Smollett was just a “washed up celeb who lied to cops,”
and that, “when people accuse us of overcharging cases, … 16 counts on a class
4 (felony, the least severe type) becomes exhibit A.”
Implying
that Foxx, in her own mind, thinks she’s protecting the public from legal
overkill – prosecutorial-types wanting to lock up everybody in sight they can
get ahold of.
There’s
just one problem with this line of logic – and it applies even if you fully buy
into the notion that Smollett was being victimized by law enforcement-types in
this whole matter; which ties back to a January incident where the actor filed
a complaint with police saying he was the victim of an assault with racial
overtones.
As
though he, as both a black and gay man, was the one being persecuted – first by
two bigoted thugs (who supposedly put a noose around his neck while telling him
“This is MAGA Country”), then by cops and prosecutors who were eager to make
him out to be the criminal.
IT
WAS ONE of the first rules I had pumped into my head over and over back in the
days when I was a cop-type reporter for the old City News Bureau. Police DON’T file
criminal charges against people.
Prosecutors
do!
Police
make arrests, and their investigations provide the basis for the state’s attorney
to file criminal charges against people. But there are cases when police arrest
someone, and the resulting charges don’t match up with the severity that police
think is warranted.
So
if this really was a case where Smollett was grossly overcharged, it was Foxx’
own staff that did the overcharging.
THIS
MAY BE the biggest reason why it is absurd that the criminal case against
Smollett was closed and the records sealed. Because the lack of information
creates so much uncertainty about what is really going on.
Personally,
I have no problem in believing that the charges had to be dropped because of
some legal error that would have made getting a criminal conviction that would
stand up under legal appeals impossible to obtain.
But
if what we’re learning from text messages is true, it was the state’s attorney’s
office itself that seriously screwed up. Which makes all the secrecy nothing
more than a matter of covering up the ineptitude of the state’s attorney’s
office.
The
problem, however, is that some people want to believe the criminal case – which
to me always stunk!
YES,
THE IDEA of a racial attack that included the rhetoric implying this Age of
Trump was to blame was just TOO perfect to be believable. Truth usually isn’t
that clean or perfectly set up. I can comprehend why police heard the story
early on and thought it was worthy of closer inspection.
But
this whole affair would have a better chance of dying down if prosecutors had
admitted it was their own overkill. We’d have had a day or two of taking pot
shots at Kim Foxx’ reputation, then we’d get bored and move on to the next
so-called controversy.
Instead,
this issue is going to linger and there will be people determined to use it
against Foxx when she seeks re-election in 2020. It may well become the lede of
her obituary when the day comes that her life’s legacy needs to be written.
Foxx, who botched Smollett
investigation, dies, it will read. Or something like that!
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