There will be no criminal trial on that question after Cook County prosecutors last week dropped all 16 felony counts against Smollett, saying they still believed they could prove the charges but that it wasn't worth the time and expense. "As part of this legal action, the Law Department will pursue the full measure of damages allowed under the ordinance".
Smollett spokeswoman Anne Kavanagh had no comment. Smollett could also be required to sit for depositions, forcing him for the first time to explain evidence that prosecutors said demonstrated he was lying.
Jussie Smollett doesn't intend on paying back the Chicago Police after he orchestrated a hate crime against himself in an attempt to draw attention to his person and career.
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A suit could lead to a drawn out battle in civil court that could end in a trial focused on the question of whether Smollett did or didn't orchestrate the January 29 attack.
Nonpayment will likely lead the city to sue Smollett, prompting a civil trial where the threshold for proving he staged the incident will be lower than in criminal court.
Smollett had faced 16 charges for allegedly filing a false police report claiming that two individuals attacked him on the street with a chemical substance and a noose.
The FOP and the chiefs have never been big fans of Foxx, but she came under extra scrutiny and even protest for her handling of the Jussie Smollett case.
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Some 30 police chiefs attended a joint news conference Thursday with the Chicago police union president, Kevin Graham, to support that call. But she hasn't detailed any action she might take as mayor regarding Smollett.
Suburban Chicago police associations have added their criticism.
Foxx's office told WLS-TV earlier that the chiefs' criticism was "an excuse to justify" resistance to reform. Groups representing police chiefs in the north, west, and south suburbs all approved votes of "no confidence" in Foxx ahead of Thursday's announcement.
Smollett was given a week to write a cashier's check or money order in the amount of $130,000.
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"The State's Attorney's office here which made the decision unilaterally to drop the charges has to give a much more fulsome explanation", she told anchor Craig Melvin.