Kim Foxx releases some internal texts and emails on Jussie Smollett case

E. JASON WAMBSGANS  AFP  Getty Images

E. JASON WAMBSGANS AFP Getty Images

Foxx's office released a series of text messages between her and First Assistant Joseph Magats which took place on March 8, just before the 16-count indictment against Smollett was announced.

She wrote: "So... I'm recused, but when people accuse of overcharging cases..."

"Pedophile with 4 victims 10 counts".

"On a case eligible for deferred prosecution I think it's indicative of something we should be looking at generally", Foxx continued.

Foxx then apparently compares Smollett's 16 felony counts of disorderly conduct for lying to cops to singer R. Kelly's 10 felony sex-abuse charges. "I just wanted to listen to what he had to say".

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The messages were among almost 200 pages of screenshots of texts exchanged between Foxx and her top staff, included alongside more than 3,600 pages of emails - and a 36-page spreadsheet detailing records the office determined could not be released to the public because records in Smollett's case were sealed the day the charges were dropped.

Foxx had originally recused herself from the case because she said she had conversations with a family member of Smollett when she still thought Smollett was the victim of a crime.

She later said she didn't recuse herself in the legal sense of the word, because there was no actual conflict, but simply separated herself from the case out of an abundance of caution.

The communication between Foxx and Magats raised questions of whether she continued to take a role in the case after stepping away.

"There's really no planning for this", Magats responded. "It's the right decision". Lanier wrote in a March 26 text to Magats.

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A short time later, a spokeswoman texted back to say she had notified a Police Department spokesman who would notify Superintendent Eddie Johnson. In exchange, Smollett forfeited a $10,000 bond and agreed to community service. Text messages would appear to show Foxx's top deputy, Magats, reached out to Johnson's chief of staff, Robert Boik, the morning of the hearing where Smollett's charges were dropped.

However, Johnson and Mayor Rahm Emanuel held a news conference that morning slamming the decision - "a whitewash of justice", the mayor said. Police initially treated the incident as a hate crime, but their focus turned to Smollett after two brothers who were alleged to have been his attackers told detectives that Smollett had paid them $3,500 to stage the attack, with a promise of an additional $500 later. But sources with knowledge now tell the outlet he will no longer appear in the play, despite charges being dropped against the "Empire" star.

Jussie Smollett delivered a reading of the 2003 Tony-winning play in New York City 12 hours prior to allegedly faking a racist and anti-gay attack in downtown Chicago.

Cook County's Inspector General Patrick Blanchard has begun an investigation into how Foxx's office handled the case.

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