Jussie Smollett's case is going to trial, finally

It’s truly pathetic that this case has dragged on this long. It has been two years and 9 months since the alleged attack took place (January 2019). Smollett was named a suspect in his own “attack” on February 20. He was indicted by a grand jury with 16 felonies but, lucky for him, State’s Attorney Kim Foxx decided to drop all of the charges.

Foxx has claimed ever since that Smollett’s case wasn’t unusual but her office never was able to point to a similar instance where a hoax that ate up this much time and resources was given a slap on the wrist. The state bar association and the National District Attorneys Association both said Foxx’s treatment of the case wasn’t normal.

A special prosecutor was appointed to look into the case and they concluded there was no similar case and there was no new evidence that could account for the decision to dismiss all charges. Finally in February of 2020, Smollett was indicted on six new charges. Kim Foxx complained that indictment was political as she was running for reelection at the time. Despite her initial reaction, she quickly got on board with the new charges.

The case has dragged on and on and most recently Smollett’s lawyers tried to get the charges against their client dismissed. Friday a judge said no and set a trial date.

An attorney for Smollett claimed the actor’s rights were being violated since he has already performed community service and given up a $10,000 bond under a previous deal with Cook County prosecutors to drop charges.

“A deal is a deal. That’s ancient principle,” attorney Nenye Uche said.

Judge James Linn disagreed, and noted that the Smollett case is now being led by a special prosecutor appointed by another judge.

Judge Linn set jury selection for the trial for November 29, so maybe we’ll actually see a trial start early next year. Assuming Smollett doesn’t wind up with the OJ jury, it shouldn’t be tough to convict him on all counts. I’m doubtful he’ll wind up in prison even though this hoax briefly outraged the entire world. My guess is he’ll get a couple years of probation. It’s not much but it’s something.

I’ll wrap this up by pulling out this Dave Chappelle clip from 2019, part of his previous Netflix comedy special “Sticks and Stones.” Here’s Chappelle stating the obvious in a way that makes people laugh (using some very NSFW language).

 

JOHN SEXTON Oct 16, 2021 8:30 PM ET