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The special prosecutor tasked with re-investigating the Jussie Smollett case implored a judge Friday to release his entire investigation into Cook County State’s Attorney Kim Foxx — but the request was denied. Dan Webb, who brought new charges against Smollett in February, just wrapped up his investigation into Foxx’s handling of the case but could …
The special prosecutor tasked with re-investigating the Jussie Smollett case implored a judge Friday to release his entire investigation into Cook County State’s Attorney Kim Foxx — but the request was denied.
Dan Webb, who brought new charges against Smollett in February, just wrapped up his investigation into Foxx’s handling of the case but could only release a summary of his findings because the full report includes grand jury testimony, which must remain private unless a judge orders its release.
On Friday morning, Webb urged Judge Michal Toomin, the justice who tasked the private attorney with the second investigation, to release the entire report, arguing it’s necessary to bring full transparency to the decision making behind the case.
In Toomin’s original appointment of Webb, the judge tasked him with restoring the public’s faith in the criminal justice system and Webb said he can’t complete that duty without releasing the full report.
Following a heated courtroom exchange, Toomin ultimately denied Webb’s bid after hearing arguments from the State Attorney’s counsel who said they should have the opportunity to review the report before it’s released, the Chicago Tribune reported.
Foxx’s team argued in a Thursday filing they should be allowed to review the full report before it’s released to the public so they can correct any factual errors, but failed to explain what those purported errors were, the outlet reported. Webb argued Friday the request is atypical and report sharing is something prosecutors simply don’t do.
In Webb’s summary released last week, it was revealed Foxx texted with Smollett’s sister after the prosecutor became aware the actor was under investigation for faking a hate crime against himself. Webb called the blunder, among a slew of others, a substantial abuse of power and discretion.
It was also revealed that Foxx’s two top underlings, Risa Lanier and Joseph Magats — the duo who ostensibly took over the investigation after Foxx’s fumbled “recusal” — had “significantly and meaningfully divergent” accounts on why charges against Smollett were dropped.
They also had different stories on who negotiated the terms, whether Smollett was offered the opportunity to participate in a deferred prosecution program and whether the terms of the release were modeled after previous DPPs.
Webb’s full report was expected to have further details on those conflicting accounts so the public could once and for all understand why the charges were dropped even though new evidence didn’t emerge between the indictment and the dismissal.
Foxx has been under scrutiny ever since her office dropped 16 felony counts of disorderly conduct for filing a false police report against Smollett with little explanation last March.
The actor told police he was the victim of a vicious racist and homophobic hate crime but they later determined he allegedly made the story up to get a pay bump on the set of “Empire.”
Foxx came under fire for the decision and for texting with Smollett’s family members. She was accused of giving the actor preferential treatment, later leading to her improper “recusal” from the case.
While Webb did find Foxx guilty of abuse and ethical violations, he did not find evidence indicating the discussions with Smollett’s sister “influenced or impacted” how the initial case was resolved.
