AND THE DANGER IS IF OUR POLITICS GROW TOO TROUBLE, THEN
WE’LL LOSE OUR WAY.
>>> ACTOR JUSSIE SMOLLETT, THIS
GOES BACK TO JANUARY OF 2019
WHEN THE ACTOR FILED A POLICE
REPORT SAYING TWO MEN ATTACKED
HIM AND PUT A NOOSE AROUND HIS
NECK.
NECK. NOW THEY SAY HE PAID TWO MEN
FROM HIS SHOW TO STAGE THE
ASSAULT FOR PUBLICITY.
NBC LEGAL ANALYST AND CRIMINAL
DEFENSE ATTORNEY DANNY SAVALAS
IS HERE WITH ME NOW.
THIS IS A FASCINATING CASE.
HE WAS FIRST INDICTED LAST MARCH
ON 16 COUNTS OF FELONY
DISORDERERLY CONDUCT.
DISORDERERLY CONDUCT. THOSE WERE DROPPED.
CHICAGO MAYOR WADS OUTRAGED BY
THIS.
THIS. HERE’S WHAT HE SAID IN MARCH.
>> WITHOUT A DOUBT A WHITEWASH
OF JUSTICE AND SENDS A CLEAR
MESSAGE THAT IF YOU’RE IN THE
POSITION OF INFLUENCE AND POWER,
YOU’LL GET TREATED ONE WAY,
OTHER PEOPLE WILL BE TREATED
ANOTHER WAY.
ANOTHER WAY. >> ALL RIGHT, WHY WERE THE
CHARGES DROPPED?
CHARGES DROPPED? WHAT HAPPENED IN MARCH?
>> THIS WAS SO CONTROVERSIAL.
CHARGES WERE DROPPED, AND
MEMBERS OF THE POLICE FORCE,
THEY SAY WE DON’T THINK THE
CHARGES SHOULD HAVE BEEN
DROPPED, WE HAVE THE GOODS AND
EVIDENCE.
EVIDENCE. IT LEFT A LOT OF QUESTIONS
ABOUT, WHY DID THIS PARTICULAR
INDIVIDUAL HAVE THE CHARGES
DROPPED IF THE PD HAD STRONG
EVIDENCE AGAINST HIM FOR MAKING
FALSE STATEMENTS.
FALSE STATEMENTS. >> LET’S TALK ABOUT WHAT KIND OF
EVIDENCE THIS IS BASED ON.
SMOLLETT CONTINUES TO DENY
ORCHESTRATING THE ATTACKS?
>> THERE MUST BE SOME KIND OF
NEW EVIDENCE PENDING THE SHOW
THAT THE STATEMENTS HE GAVE WERE
FALSE.
FALSE. THE INTERESTING THING, CPD
AUTHORITIES HAD TO REVERSE
INVESTIGATE.
INVESTIGATE. INSTEAD OF INVESTIGATING
CRIMINAL ACTIVETHY, THEY’RE
INVESTIGATING TO LOOK FOR
WHETHER OR NOT HIS ORIGINAL
STATEMENTS ARE TRUE AND WHETHER
THERE WAS A NONCRIME,
ESSENTIALLY.
ESSENTIALLY. >> FASCINATING.
>> FASCINATING. DOING THE WORK IN REVERSE.
HE’S APOLOGIZED, BUT HE
MAINTAINSMAIN
MAINTAINSMAIN TAINS HIS INNOCENCE.
>> HASN’T ANYONE TOLD YOU IF YOU
GET IN A CAR ACCIDENT DON’T GET
OUT AND SHOUT I’M SORRY.
SOMEONE ELSE MIGHT TRY TO USE
THAT AS AN ADMISSION.
WE HAVE A RULE IN EVIDENCE IN
MOST STATE AND FEDERAL COURTS IF
YOU MAKE AN ADMISSION, THAT IS
AN EXCEPTION TO THE HEARSAY
RULE.
RULE. IF YOU SAY I’M SORRY OR
APOLOGIZE THAT CAN BE DEPENDING
ON THE CONTEXT AN ADMISSION THAT
COULD BE CON CLUESIVE PROOF THAT
YOU DID WHAT YOU’RE ADMITS
MITTING YOU DID.
HE HAS COME OUT AND APOLOGIZE.
TO WHAT DEGREE THAT COULD BE
ADMISSIBLE AGAINST HIM?
YOU CAN’T DENY RESPONSIBLE AND
APOLOGIZE.
APOLOGIZE. SOMEONE DOWN THE ROAD MAY TRY TO
USE THAT AGAINST HIM.
>> IT IS GOOD TO KNOW,
ESPECIALLY WHEN YOU’RE IN A CAR
ACCIDENT.
ACCIDENT. >> I KNOW YOU LIKE TO DO
DOUGHNUTS IN THE SNOW.
DO NOT APOLOGIZE IF YOU GET IN
AN ACCIDENT.
AN ACCIDENT. >> AS SOMEONE WHO IS LIKE A
SERIAL APOLOGIZERS, I TEND TO
APOLOGIZE FOR EVERYTHING.
GOOD TO KNOW.
IF THE COURT FIND THAT HE DID
MAKE UP THE ATTACK, WHAT COULD
HE BE FACING?
HOW SERIOUS?
HOW SERIOUS? >> DISORDERLY CONDUCT IS LIKE
RAISING HECK OUTDOORS OR
SHOUTING.
SHOUTING. THIS CRIME IS DEFINED AS ALSO
MAKING FALSE STATEMENTS.
THE STATRY MAXIMUM IS NEVER A
GOOD MEASUREMENT FOR THE
ULTIMATE SENTENCE SOMEONE IS
GOING TO GET.
BUT IT WILL DEPEND ON HOW
ILLINOIS DOES THEIR SENTENCING
GUIDELINES AND WHAT HE’S
CONVICTED OF AND MAY PLEAD
GUILTY TO AS PART OF THE DEAL.
>> FASCINATING CASE, HAS BEEN
SINCE DAY ONE.
THANKS FOR RUNNING US THROUGH