Jussie Smollett left the Chicago courtroom last week to discuss an innocent man. In exchange for a $ 10,000 bail, prosecutors dropped 16 charges, alleging that the "Empire" actor had staged a fake hate crime, before lying to the police .
Smollett's record will be erased and, in the eyes of the justice system, it will be as if it never happened.
Yet, the judicial outcome did nothing to resolve the controversy about the case. Prosecutors defended the decision as the product of criminal justice reform, but it has plagued the celebrity privilege for many observers. Chicago Mayor Rahm Emanuel called the move "whitewash", and the police union and President Trump called for a federal inquiry.
This decision left Hollywood puzzled. The Smollett co-stars have celebrated on social media, but the wider community may not be as welcoming. At last week's GLAAD Media Awards ceremony, actor Sean Hayes joked that he was following the Jussie Smollett diet. You hire two trainers and you sweat for eight weeks, he said laughing in a room of direction, producers, agents and talents.
"Empire" should be resumed for a sixth season, but Fox and his Disney parent have not yet decided whether Smollett would be part of it.
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Jussie Smollett on the FOX Empire
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EMPIRE: G-D: Taraji P. Henson and Jussie Smollett in the episode EMPIRE titled "Treasons, Stratagems, and Spoils" aired Wednesday, Nov. 14 (8 pm-9pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: G-R: Taraji P. Henson and director Jussie Smollett in the episode "What is Done" from EMPIRE aired on Wednesday, Nov. 7 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Director Jussie Smollett behind the scenes of the episode of EMPIRE & # 39; What is Done & # 39; aired on Wednesday, November 7th (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Terrence Howard and director Jussie Smollett behind the scenes of the episode "What is Done" from EMPIRE aired on Wednesday, Nov. 7 (8:00 pm to 9:00 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: G-D: Jussie Smollett and Taraji P. Henson in the episode "The Depth of Grief" from the EMPIRE aired on Wednesday, Oct. 31 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Jussie Smollett in the episode of EMPIRE – The Depth of Grief & # 39; aired on Wednesday, October 31 (8 pm-9pm ET / local time) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Bryshere Y. Gray and Jussie Smollett in the "Love All, Trust a Few" episode of the EMPIRE broadcast aired on Wednesday, October 17 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: From left to right: Jussie Smollett and Bryshere Y. Gray in the "Pride" episode of EMPIRE aired on Wednesday, Oct. 10 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: From left to right: Jussie Smollett and Bryshere Y. Gray in the "Pride" episode of EMPIRE aired on Wednesday, Oct. 10 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Jussie Smollett in the episode of the show EMPIRE "Pay For Their Presumptions" aired on Wednesday, October 3 (8:00 pm to 9:00 pm ET / local time) on FOX. (Photo by FOX via Getty Images)
EMPIRE: G-J: Jussie Smollett, Bryshere Gray and Trai Byers in the final episode of the season of The Empire Unposessd, airing on Wednesday, May 23 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: LR: Terrence Howard as Lucious Lyon, Taraji P. Henson as Cookie Lyon, Bryshere Y. Gray as Hakeem Lyon, Jussie Smollett as Jamal Lyon and Trai Byers as Andre Lyon in Season 5 EMPIRE broadcast Wednesday, September 26 ( 8: 00-9: 00 ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: photo from left to right: Bryshere Gray, Jussie Smollett and Andre Royo in the episode "Slave to Memory" of EMPIRE aired on Wednesday, December 13 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: In the photo, Trai Byers, Gabourey Sidibe and Jussie Smollett in the episode EMPIRE of the "War of Bleeding" aired on Wednesday, October 18 (8:00 pm to 9:00 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Photo from left to right: Terrel Carter and Jussie Smollett in the episode of "EMPIRE" Evil Manners & # 39; aired on Wednesday, October 11 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Photo from left to right: Jussie Smollett and Gabourey Sidibe in the "Full Circle" episode of Wednesday, October 4 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)
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In Chicago, Smollett became the Cook County Attorney's Office. Kim Foxx was elected best prosecutor in 2016 for a criminal justice reform platform. She was commended for her support for a restorative justice court, an alternative approach in which offenders sit in "circles of peace" with their victims and with community members.
"The solution to what is happening in our neighborhoods is not resolved by the institutions," said Foxx in 2017. "It's through those in the neighborhoods that empower communities to take control of their lives. what happens to them and what's around them. "
Even some reformers believe that Foxx's office failed in the Smollett case by failing to uphold the principles of restorative justice.
"I think what happened was a mistake," said Sheila Murphy, a retired Chicago judge who co-directs the restorative justice project at the John Marshall Law School. "They were trying to be nice. And kindness works. But they did not repair the damage. "
Some community members have seen the Foxx office use the polish of restorative justice to spare a famous actor. Arewa Karen Winters, a Black Lives Matter activist whose nephew was killed by Chicago police in 2016, said she was "dismayed" by this decision.
"I never thought I'd agree with the Chicago Police Department about anything," she said. "I think it's elitism and it's a black privilege. If he had been Ray-Ray in the business district, he would have been sentenced to jail time. "
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The star of the Empire, Jussie Smollett, during his appearance
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Actor Empire Jussie Smollett arrives at a press conference after a hearing in the Leighton Criminal Court on Tuesday, March 26, 2019, in Chicago. Smollett's lawyers, Tina Glandian and Patricia Brown Holmes, said Tuesday morning in a statement that Smollett's file "has been erased". Smollett was charged with 16 counts of false allegations that he was attacked by two men who shouted racist and homophobic slurs. (AP Photo / Amanda Seitz)
Actor Empire Jussie Smollett shows up with a fan as he leaves the Leighton courthouse after a hearing on Tuesday, March 26, 2019 in Chicago. Smollett's lawyers, Tina Glandian and Patricia Brown Holmes, said Tuesday in a statement that Smollett's record "has been erased". Smollett was charged with 16 counts of false allegations that he was attacked by two men who shouted racist and homophobic slurs. (AP Photo / Amanda Seitz)
Actor Jussie Smollett leaves the 101 hearing room in the Criminal Court Hall of Leighton following an emergency hearing held Tuesday, March 26, 2019 for his disorderly conduct. (Jose M. Osorio / Chicago Tribune / TNS via Getty Images)
American television actor Jussie Smollett appears in Leighton Criminal Court with his lawyer, Tina Glandian (left), on March 14, 2019 in Chicago. – Smollett pleaded not guilty Thursday for being accused of being a victim of a racist and homophobic crime. The 36-year-old actor was charged with 16 counts last week for allegedly staging a false attack to gain publicity and earn a bigger salary. (Photo by E. Jason Wambsgans / POOL / AFP) (Photo credit should read E. JASON WAMBSGANS / AFP / Getty Images)
CHICAGO, IL – MARCH 14: Actor Jussie Smollett leaves the Leighton courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)
American television actor Jussie Smollett appears in Leighton Criminal Court with his lawyer, Tina Glandian (left), on March 14, 2019 in Chicago. – Smollett pleaded not guilty Thursday for being accused of being a victim of a racist and homophobic crime. The 36-year-old actor was charged with 16 counts last week for allegedly staging a false attack to gain publicity and earn a bigger salary. (Photo by E. Jason Wambsgans / POOL / AFP) (Photo credit should read E. JASON WAMBSGANS / AFP / Getty Images)
CHICAGO, IL – MARCH 14: Actor Jussie Smollett (C) leaves the Leighton courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)
CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at the Leighton Courthouse on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)
CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at the Leighton Courthouse on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)
CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at the Leighton Courthouse on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)
CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at the Leighton Courthouse on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)
Actor Jussie Smollett (C) and his team travel to the Leighton Criminal Court on March 12, 2019 for a hearing in the Chicago Criminal Court. – On March 8, 2019, a Chicago grand jury indicted US actor Jussie Smollett for 16 charges after allegedly lied to the police about being a victim of a crime. racist and homophobic crime. Police said that Smollett – who had become famous about the musical drama of the Fox channel "Empire" – had staged the attack in order to advertise and earn a higher income. (Photo by DEREK HENKLE / AFP) (Photo credit should match DEREK HENKLE / AFP / Getty Images)
Actor Jussie Smollett (C) and his team travel to the Leighton Criminal Court on March 12, 2019 for a hearing in the Chicago Criminal Court. – On March 8, 2019, a Chicago grand jury indicted US actor Jussie Smollett for 16 charges after allegedly lied to the police about being a victim of a crime. racist and homophobic crime. Police said that Smollett – who had become famous about the musical drama of the Fox channel "Empire" – had staged the attack in order to advertise and earn a higher income. (Photo by Nova SAFO / AFP) (The photo credit should read: NOVA SAFO / AFP / Getty Images)
CHICAGO, ILLINOIS – FEBRUARY 21: The actor of the empire Jussie Smollett leaves Cook County Jail after filing a bond on February 21, 2019 in Chicago, Illinois. Smollett was charged with organizing a racist, homophobic attack against himself in order to raise his profile because he was unhappy with his salary. (Photo by Nuccio DiNuzzo / Getty Images)
CHICAGO, ILLINOIS – FEBRUARY 21: Actor Jussie Smollett (partially obscured) Empire leaves Cook County Prison after posting a bond on February 21, 2019 in Chicago, Illinois. Smollett was charged with organizing a racist, homophobic attack against himself in order to raise his profile because he was unhappy with his salary. (Photo by Nuccio DiNuzzo / Getty Images)
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Kofi Ademola, another Chicago activist, said the most disturbing was that Trump and Emanuel were seeking additional punishment. He said the Foxx office is generally going in the right direction, but he wants the same treatment to be given to others.
"Jussie can not be the exception to the rule," Ademola said. "It's better to be something that is easily accessible and easily available to poor and marginalized people who do not have a platform like Jussie."
Joseph Magats, Foxx's senior assistant, defended the result, noting that thousands of non-violent offenders are being charged with deferred prosecution agreements in which they are not required to acknowledge their guilt if they are not at risk during a year.
"I guess on the outside, it sounds strange or different," he told WLS-TV, the local affiliate of ABC. "But these types of dispositions are available and occur."
Magats said that 5,700 people had their charges dropped as a result of prosecutions carried out over the last two and a half years. But Smollett had a much better deal than those accused. Instead of waiting a year, returning the program and finishing it, his case was dropped immediately after just two days of volunteer work.
In a restorative justice setting, Smollett should make a gesture of apology and atonement. Instead, he was allowed to proclaim his innocence. "It's not a complete reparations process," said Elena Quintana, an expert who oversees and evaluates the Chicago Restorative Justice Court. "It would have been better if he had been fully responsible. S & # 39; he set up [the attack]it is a bad thing to do, and it should be held responsible in proportion to the harm done. "
