Thousands of internal messages from Kim Foxx’s office were made public late on Tuesday by the Chicago Tribune

This article is more than 1 year old

This article is more than 1 year old

Chicago’s top prosecutor described Jussie Smollett as a “washed-up celeb who lied to cops” and whose felony charges were excessive, according to newly released documents from the prosecutor’s office.

Thousands of internal texts and emails from the office of Cook county state’s attorney, Kim Foxx, were made public late on Tuesday by the Chicago Tribune, in the latest twist in the real-life drama.

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They highlight the office’s internal pressure and frustration over the handling of Smollett’s case, where the actor best know for his role in TV’s Empire reported a hate crime in Chicago in January, then was arrested and accused of faking the attack and lying to police – and later, in a dramatic turn of events, the charges were dropped, amid fury from the mayor and police department.

Foxx recused herself from the case a day before Smollett was charged in February, citing “familiarity with potential witnesses in the case”. But texts between Foxx and Joseph Magats, her top assistant attorney, reveal that Foxx closely followed the case even after her recusal.

“Sooo…...I’m recused, but when people accuse us of overcharging cases...16 counts on a class 4 [felony] becomes exhibit A,” Foxx said in a text message to Magats on 8 March.

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She went on to compare the number of charges against Smollett to the city’s charges against the R&B singer R Kelly.

“Pedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16 [counts],” she wrote. “Just because we can charge something doesn’t mean we should,” she wrote.

Smollett was charged by the Chicago police with 16 counts of felony disorderly conduct in February for faking a hate crime against himself. At the end of their investigation, police concluded that Smollett, who is black and openly gay, hired two men to stage a racist and homophobic attack in downtown Chicago, in order to boost his profile. Smollett had denied the charges.

Barely five weeks later, the prosecutor’s office dropped all charges against Smollett. The office called it an “appropriate resolution in the case” since the actor had completed community service and forfeited his $10,000 bond. The city then demanded he pay $130,000 towards the cost of the investigation.

Other messages between top prosecutors in Foxx’s office show the frenzy that ensued after the office dropped the charges, the Chicago Tribune reported.

“Just wish I could have anticipated the magnitude of this response and planned a bit better!” wrote Risa Lanier, lead prosecutor on the high-profile case, in a text to Magats hours after the charges were dropped.

“There’s really no planning for this,” Magats responded. “It’s the right decision.”

The office and the Chicago police have denied separate public records requests for internal files relating to why the prosecutor’s office dropped its charges against Smollett, according to the newspaper. The judge presiding over the case agreed to seal the public court file just moments after Smollett’s charges were dropped.

“After the indictment became public, I reached out to [Magats] to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority,” Foxx said in a statement released on Tuesday night. “I was elected to bring criminal justice reform and that includes intentionality, consistency, and discretion. I will continue to uphold these guiding principles.”