Title : "The Illinois Prosecutors Bar Association issues statement condemning the Cook County State’s Attorney’s handling of the Jussie Smollett case."
link : "The Illinois Prosecutors Bar Association issues statement condemning the Cook County State’s Attorney’s handling of the Jussie Smollett case."
"The Illinois Prosecutors Bar Association issues statement condemning the Cook County State’s Attorney’s handling of the Jussie Smollett case."
Full text here. Excerpt (with boldface added):The manner in which this case was dismissed was abnormal and unfamiliar to those who practice law in criminal courthouses across the State. Prosecutors, defense attorneys, and judges alike do not recognize the arrangement Mr. Smollett received. Even more problematic, the State’s Attorney and her representatives have fundamentally misled the public on the law and circumstances surrounding the dismissal...
When an elected State’s Attorney recuses herself from a prosecution, Illinois law provides that the court shall appoint a special prosecutor. See 55 ILCS 5/3-9008(a-15).... Here, the State’s Attorney kept the case within her office and thus never actually recused herself as a matter of law.
Additionally, the Cook County State’s Attorney’s office falsely informed the public that the uncontested sealing of the criminal court case was “mandatory” under Illinois law...
The appearance of impropriety here is compounded by the fact that this case was not on the regularly scheduled court call....
Lastly, the State’s Attorney has claimed this arrangement is “available to all defendants” and “not a new or unusual practice.”... Central to any diversion program, however, is that the defendant must accept responsibility....
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