Chicago's top prosecutor Kim Foxx releases 2,000 pages of Jussie Smollett documents which reveal she recused herself from probe due to false 'racist' rumors that she was related to the Empire star

  • Chicago's top prosecutor has released more than 2,000 pages of documents in Jussie Smollett's case in an attempt to explain why she recused herself
  • Friday's statement from Cook County State's Attorney Kim Foxx comes two months after her office suddenly dropped all charges against Smollett
  • The Empire actor was accused of staging a January attack on himself 
  • Foxx says rumors circulated that she was related to Smollett's family, so she recused herself to avoid 'even the perception of a conflict' 
  • Text messages released on Friday show that Foxx considered the rumors 'racist'
  • Foxx said Friday: 'The public's trust is paramount to our work. That is why today I am releasing material above and beyond what is required'
  • The release of files Friday evening came as offices closed for the weekend 

Chicago's top prosecutor Kim Foxx has shifted the explanation as to why she recused herself in the Jussie Smollett's case, saying the real reason she stepped aside was because of false rumors she was related to the 'Empire' actor.  

Cook County State's Attorney Kim Foxx offered the new public explanation in a statement issued along with the release of 2,000 pages of documents in the case. 

In texts with her chief of staff, Jennifer Ballard Croft, Foxx said she was unhappy about having to step away from the investigation - even calling the false rumors she was related to the Empire actor 'racist'.  

An ethics officer, she said, 'told me I had to do it.' 

She continued: 'There were rumors she claims that I was related to or closely connected to the Smolletts. I told her that wasn't true. 

'She said it was pervasive (in the Chicago Police Department) and that I should recuse. I thought it was dumb but acquiesced. It's actually just racist.' 

Previous explanations from her office suggested Foxx recused herself in February because of communications with a Smollett family member as the investigation of the reported attack was ongoing. 

Foxx communicated in early February with former first lady Michelle Obama's former chief of staff Tina Tchen, who was representing Smollett's family, and with a member of Smollett's family about the investigation. 

But Foxx is said to have called that explanation 'bulls***'.  

Friday's statement from Cook County State's Attorney Kim Foxx comes two months after her office suddenly dropped all charges against Smollett accusing him of staging the January attack on himself. The move was widely criticized.

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Chicago's top prosecutor Kim Foxx has released more than 2,000 pages of documents in Jussie Smollett's case to explain why she recused herself from an investigation. Foxx is pictured in February 23 outside the Leighton Criminal Courthouse in Chicago

Chicago's top prosecutor Kim Foxx has released more than 2,000 pages of documents in Jussie Smollett's case to explain why she recused herself from an investigation. Foxx is pictured in February 23 outside the Leighton Criminal Courthouse in Chicago

Actor Jussie Smollett makes a court appearance at the Leighton Criminal Court Building in Chicago on March 14. The charges were dropped against him on March 26

Actor Jussie Smollett makes a court appearance at the Leighton Criminal Court Building in Chicago on March 14. The charges were dropped against him on March 26

Foxx now says as rumors circulated that she was related to Smollett's family she recused herself to avoid 'even the perception of a conflict'. 

Foxx's statement Friday said: 'This has been a unique case from the very beginning, where the victim became the suspect during the investigation. Allegations of a vicious homophobic and racially motivated attack shook our city and the nation with understandable anger and fear.  

In texts with her chief of staff, Jennifer Ballard Croft, said she was unhappy about having to step away from the investigation - even calling the false rumors 'racist'

In texts with her chief of staff, Jennifer Ballard Croft, said she was unhappy about having to step away from the investigation - even calling the false rumors 'racist'

'I did not have a conflict of interest in this case; only a sincere desire to serve the community. I spoke with Mr. Smollett's family and others while he was still considered to be the victim of a hate crime in an effort to streamline the case and alleviate any concerns about the integrity of the investigation. 

'False rumors circulated that I was related or somehow connected to the Smollett family, so I removed myself from all aspects of the investigation and prosecution and delegated my authority and responsibility to my First Assistant so as to avoid even the perception of a conflict. 

'I regret that my attempts to this end created confusion outside the office. The public's trust is paramount to our work. That is why today I am releasing material above and beyond what is required. 

'It is my sincere hope that this transparency and the ongoing investigation of the Cook County Independent Inspector General will provide guidance and lessons on how to serve you better. I am sorry that despite the best intentions, our efforts were less than what was required of the moment.' 

The release of documents Friday evening came as offices closed for the weekend. A court last week lifted an order barring their release. 

They portray Foxx as torn about whether to recuse herself at all.  

It also suggests miscommunication, saying that attorneys within the office advised against using the word 'recusal' in what Foxx was doing - because they saw no actual conflict of interest. 

In late March - after questions were raised about the dropping of charges - Foxx and her aides sought to recast her role, with one statement saying Foxx 'used the term 'recuse' in the 'colloquial use of the term.' They said the correct description was that she had 'informally separated herself from the decision-making' in the case. 

Smollett, 36, was accused of staging an attack on himself on January 29 to try to get a raise on the show.

Police say he paid Abel and Ola Osundairo to beat him in what he then described as a racist, homophobic attack by two Trump-loving perpetrators. He has always maintained his innocence and insisted he was attacked.

The documents show one detective wrote: 'He [Abimbola] did not want anyone to think the attack was real and call the police or shoot him.

'Abimbola Osundairo stated that he considered not carrying out the attack but decided to carry it out as he was already there.'

An affidavit said when Abimbola hit Smollett 'it was a pretend punch because he didn't want to knock him out'. 

He is even said to have given Smollett 'a chance to fight back as he was scripted', The Chicago Tribune reports. 

Among the 2,000 pages of documents there is also evidence Smollett's lawyers suggested what they thought prosecutors should say when dropping the charges. 

Risa Lanier, chief of the criminal prosecutions bureau texted Smollett lawyer Patricia Brown Holmes: 'We are still bouncing around language to use in court tomorrow.

'As soon as I receive the final draft I will send it to you.' 

After making a requested change Smollett’s lawyer replies to prosecutors: 'I like this one. Thanks.' 

The release of Friday's documents come a day after another batch of documents revealed that prosecutors told Chicago police detectives that a possible deal with the Empire actor was in the works a month before charges against him were dropped. 

The 470 pages of files related to his case, which were only released on Thursday, show detectives investigating Smollett's claim he was the victim of a hate crime were told by Cook County prosecutors a deal with Smollett could include a $10,000 fine and community service.  

Detectives had met with a prosecutor at the Cook County State's Attorney's office on February 28 to turn over their materials related to the investigation.

'ASA Lanier informed detectives that she felt the case would be settled with Smollett paying the city of Chicago $10,000 in restitution and doing community service,' the police report reads. 

Smollett was charged with 16 counts alleging he lied to police when reporting he'd been the victim of a racist, anti-gay attack in January. Prosecutors dropped charges on March 26 without Smollett admitting guilt

Smollett was charged with 16 counts alleging he lied to police when reporting he'd been the victim of a racist, anti-gay attack in January. Prosecutors dropped charges on March 26 without Smollett admitting guilt

At the time, Smollett had only been charged with one count of disorderly conduct. A week later, a grand jury charged him on 16 counts of felony disorderly conduct.  

Police now say that they were told by Lanier the original deal, for the single count, included an admission of guilt. 

When prosecutors decided to drop all 16 charges with no admission of guilt, they were stunned.   

The detectives were closing the case at that point because an arrest was made and the alleged offender was being prosecuted, Chicago police spokesman Anthony Guglielmi said on Thursday. 

Chicago Mayor Rahm Emanuel and police Superintendent Eddie Johnson then expressed outrage over the prosecutors' decision.

At the time, Johnson said he learned of the deal prosecutors made with Smollett when the deal was announced by lawyers, adding he didn't think justice was being served.

But the documents indicate that his detectives had been told by the prosecutors a few weeks prior. 

The detectives had not passed the information to superiors.

'They didn't pass it on because they didn't know it (the case) was going to be handled the way it was,' the police spokesman said. 

Ola Osundairo
Abel Osundairo

Smollett, 36, was accused of staging an attack on himself on January 29 to try to get a raise on the show. Police say he paid Abel and Ola Osundairo to beat him in what he then described as a racist, homophobic attack by two Trump-loving perpetrators. He has always maintained his innocence and insisted he was attacked

The Cook County state's attorney's office has not commented. 

Johnson said he stood by his department's investigation. 

'My job as a police officer is to investigate an incident, gather evidence, gather the facts and present them to the state's attorney,' Johnson said. 

'That's what we did. I stand behind the detectives' investigation.'

The city of Chicago is seeking $130,000 from Smollett to cover the costs of the investigation into his reported beating. 

The city claims about two dozen detectives and officers investigated the entertainer's report that he was attacked, resulting in a 'substantial number of overtime hours.' 

The documents released Friday are below 

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Kim Foxx releases 2,000 pages of Jussie Smollett documents

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