RE: Smollet Charges Dropped
March 30, 2019 at 12:49 pm
(This post was last modified: March 30, 2019 at 12:54 pm by Yonadav.)
(March 27, 2019 at 1:49 pm)Brian37 Wrote:(March 26, 2019 at 7:10 pm)chimp3 Wrote: NPR is reporting this as a type of diversion. He agreed to forfeit his $10,000 bond and do community service. A common approach for first time nonviolent offenders.
Yea, that is not the same as dropping the charges. He agreed as you just posted to forfeit his bond, but on top of that has to do community service and commit no more crimes for a period, and then and only then will his record be expunged. This is common for first time offenders. What cops are pissed about is the amount of time and money spent, investigating this, so they think the DA and judge let him get off easy.
He's not a first time offender. He's been in trouble for lying to law enforcement before.
(March 30, 2019 at 10:49 am)Gae Bolga Wrote: As we all know, cities only shake down the guilty.
He certainly wasn't found not guilty. And the city is completely within its rights to seek compensation for his false police report.
On March 28, 2019, Chicago city attorneys under the guidance of Chicago Mayor Rahm Emanuel and Chicago Police Superintendent Eddie T. Johnson, sent the legal team of Jussie Smollett a demand letter to repay the city the sum of $130,106.15 payable by certified funds to the "City of Chicago" within 7 days for the "expended overtime hours in the investigation of this matter." The letter further threatens if this amount is not timely paid, then the Department of Law may prosecute for the alleged false statements to the City under section 1-21-010[110] of the Municipal Code of Chicago or "pursue any other legal remedy available at law."
A violation of this ordinance imposes a fine of not less than $500.00 and a maximum of $1,000.00, plus up to three times the amount of damages the City sustains as a result and the option to seek recovery of court costs, collection costs, and attorney fees. If the City of Chicago were to proceed with the lawsuit, then the Judge would have to litigate whether Jussie is guilty in orchestrating the attack and filing the false police report. Only then could a Judge determine if the City is liable to damages related to the extra expended hours investigating this matter. To add to this, the judge would only need a preponderance of evidence (51% - 49%) to determine innocence or guilt, a much lower standard than beyond a reasonable doubt which is used in criminal proceedings.[111]
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