Actor Jussie Smollett waves to supporters before leaving Cook County Court in Chicago on March 26, after his charges were dropped. An Illinois judge appointed a special prosecutor to look into why state prosecutors abruptly dropped those charges. (AP Photo/Paul Beaty, File)

Actor Jussie Smollett waves to supporters before leaving Cook County Court in Chicago on March 26, after his charges were dropped. An Illinois judge appointed a special prosecutor to look into why state prosecutors abruptly dropped those charges. (AP Photo/Paul Beaty, File)

Special prosecutor named to look into Jussie Smollett case

“I intend to expedite everything. But the facts will take me where they take me.”

  • By MICHAEL TARM AP Legal Affairs Writer
  • Friday, August 23, 2019 11:49am
  • Life

By Michael Tarm / Associated Press

CHICAGO — A Chicago judge on Friday named a special prosecutor to look into why state prosecutors abruptly dropped charges against Jussie Smollett that accused him of staging a racist, anti-gay attack against himself and lying about it to investigators.

The former “Empire” actor, who is black and gay, maintains that the January attack was not orchestrated. But if the special prosecutor, former U.S. Attorney Dan Webb, determines that the charges shouldn’t have been dropped, he could recommend that they be reinstated or that new charges be brought.

Webb, who was appointed by Cook County Judge Michael Toomin during a Friday hearing, told reporters afterward that he would move the investigation along as quickly as possible. Such probes typically include impaneling a special grand jury, issuing subpoenas, taking witness statements and a final report.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“I intend to expedite everything. But the facts will take me where they take me,” Webb said. “I’m going to start fresh and see where it goes.”

The Cook County state’s attorney’s office charged Smollett in February with 16 counts of disorderly conduct for allegedly staging the attack and lying about it to investigators. However, it dropped the charges a month later with little explanation, angering city officials and the police.

Webb, who served as U.S. attorney in Chicago during the 1980s before going on to become arguably the city’s most high-profile defense attorney of the last few decades, has been tapped to serve as a special prosecutor on five previous occassions. His list of high-profile clients has included former Illinois Gov. George Ryan, tobacco company Philip Morris and, more recently, Ukrainian energy oligarch Dymitro Firtash.

As a special prosecutor in 2012, Webb was asked to reopen the investigation into the death of David Koschman, who died after being punched in 2004 by then-Chicago Mayor Richard M. Daley’s nephew. After an investigation of more than a year that included testimony from nearly 150 witnesses, Webb determined that charges were warranted.

Toomin said the 73-year-old Webb wasn’t the first person he considered for the Smollett case. The judge was required by law to first see if the state attorney general, the appellate prosecutor or a state attorney from elsewhere in Illinois wanted the job. During Friday’s hearing, he suggested few expressed interest in leading an investigation whose outcome will inevitably spark outrage in some quarters.

“I might say that the responses were less than enthusiastic, as you might expect,” Toomin told the courtroom.

A former state appellate judge, Sheila O’Brien, petitioned for a special prosecutor earlier this year in what many believed was a long-shot to reopen the case. But in a surprise decision, Toomin ruled in June that a special prosecutors was, in fact, called for, citing “unprecedented irregularities” in how the case had been handled.

Smollett, now 37, told police he was walking home early on Jan. 29 when two masked men approached him, made racist and homophobic insults, beat him and looped a noose around his neck before fleeing. He said his assailants, at least one of whom he said was white, told him he was in “MAGA country” — a reference to President Donald Trump’s campaign slogan, “Make America Great Again.”

Several weeks later, authorities alleged that Smollett had paid two black friends $3,500 to help him stage the attack because he was unhappy with his salary as an actor on “Empire” and wanted to drum up publicity for his career.

In his June ruling, Toomin suggested that the county’s state’s attorney, Kim Foxx, mishandled the case by appointing a top aide to oversee it after she recused herself.

Foxx had been in contact with a Smollett relative and was approached by former first lady Michelle Obama’s one-time chief of staff on behalf of Smollett’s family. Foxx explained at the time that she was recusing herself to avoid “even the perception of a conflict” of interest.

Foxx has said that Smollett was treated no differently than thousands of other defendants in low-level cases whose charges have been similarly dropped. She also publicly wondered if her being black had anything to do with the criticism she received.

She released a statement Friday pledging her office’s “full cooperation” with Webb’s investigation.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Life

Auston James / Village Theatre
“Jersey Boys” plays at Village Theatre in Everett through May 25.
A&E Calendar for May 15

Send calendar submissions for print and online to features@heraldnet.com. To ensure your… Continue reading

Kyle Parker paddles his canoe along the Snohomish River next to Langus Riverfront Park on Thursday, May 8, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Tip to Tip: Kyle Parker begins his canoe journey across the country

The 24-year-old canoe fanatic started in Neah Bay and is making his way up the Skykomish River.

Photo courtesy of Historic Everett Theatre
The Elvis Challenge takes place Saturday at the Historic Everett Theatre.
A&E Calendar for May 8

Send calendar submissions to features@heraldnet.com. To ensure your item is seen by… Continue reading

Photo provided by Subaru U.S. Media Center
Subaru Adds Bronze And Onyx Trims to 2025 Ascent

Three-Row Family SUV Delivers Equal Parts Safety And Comfort

The 2025 Hyundai Santa Fe Hybrid SUV (Provided by Hyundai).
2025 Hyundai Santa Fe Hybrid evokes outdoor adventure

Boxy styling leaves lots of room for gear. A refined ride ensures comfort around town.

The 2025 Toyota Sienna minivan in the top-level Platinum grade (Provided by Toyota).
2025 Toyota Sienna maintains reputation for fuel efficiency

Every model in the minivan’s lineup has a hybrid powertrain.

An autumn-themed display at Wagner Jewelers in Marysville. (Olivia Vanni / The Herald)
Shine bright with Snohomish County’s top jewelry finds

Three dazzling shops where elegance, craft, and sparkle come together.

The 2025 Lexus TX 350 is a three-row luxury SUV. It’s offered in Base, Premium, Luxury, and F Sport Handling grades (Provided by Lexus).
2025 Lexus TX 350 welcomes new F Sport Handling model

Unique exterior highlights, a glass roof and sport-tuned suspension are among the attractions.

Hybrid Touring Photo Provided by Subaru U.S. Media Center
2025 Subaru Forester Hybrid Increases Fuel Economy And Range

Sixth-Generation Model Receives Complete Refresh

Image from Pexels.com
Top 3 Cannabis Shops You’ll Love in Snohomish County

Looking for quality products and good energy? Let’s discover the top spots.

Image from Canva.com
Chic & unique: The top 3 boutiques in Snohomish County you need to visit

From trendy finds to timeless pieces, discover the hidden gems that are redefining local fashion.

Image from Canva.com
Find your next favorite read in Snohomish County

Explore three of the finest bookshops where stories and community come together

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.