Jussie Smollett ‘was not exonerated', says Chicago prosecutor who decided to drop charges against Empire actor amid criticism by city mayor and police

Olivia Tobin27 March 2019

A Chicago prosecutor who dropped all charges against Empire actor Jussie Smollett has said “we did not exonerate him” amid criticism by the city's mayor and police.

In an interview, Joe Magats said the charges were dropped against the actor in return for his agreement to do community service and forfeit his $10,000 bond to the city of Chicago.

Mr Magats also stressed that he did not believe Mr Smollett was a “threat to public safety”.

He did also tell reporters he still believes Mr Smollett filed a "false police report", however.

AP

The 36-year-old actor had charges alleging he had lied to police about a hate crime against him dropped on Tuesday. He had faced a possible 48 years behind bars on 16 felony counts of filing a false police report.

Mr Smollett was accused of lying to police about being the victim of a racist and homophobic attack on January 29.

The mayor of Chicago Rahm Emanuel called the dropping of charges against Empire actor Jussie Smollett "a whitewash of justice".

Chicago's police superintendent Eddie Johnson also contested the decision, claiming Mr Smollett "committed this hoax, period".

The Empire actor at the world premiere of 'Alien: Covenant' in London in 2017
EPA

He added: "If he wanted to clear his name, the way to do that is in a court of law so everyone can see the evidence.

"I stand by the facts of what we produced. If they want to dispute those facts then the place to do that is in court, not in secrecy."

New York Times journalist Julie Bosman tweeted extracts of Mr Magats interview, where he said: “Here’s the thing – we work to prioritise violent crime and the drivers of violent crime.

“Public safety is our number one priority. I don’t see Jussie Smollett as a threat to public safety.

“We stand behind the investigation, we stand behind the decision to charge him and we stand behind the charges in the case. The mere fact that it was disposed of in an alternative manner does not mean that there were any problems or infirmities in the case or the evidence.”

A minimum requirement for the dropping of charges is typically that a defendant accepts some responsibility and offers an apology.

But speaking after prosecutors told a judge they were dropping all charges, Mr Smollett conceded nothing and did not apologise.

After being told all charges against him were dropped, Mr Smollett thanked his fans and said: “I have been truthful and consistent from day one”.

A statement from 20th Century Fox Television and Fox Entertainment, which makes Empire, said: "Jussie Smollett has always maintained his innocence and we are gratified that all charges against him have been dismissed."

Mr Smollett's family later said they felt grateful after the charges were dropped.

His family said in a statement that Smollett's character was "unjustly smeared" and the "truth prevailed".

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