>>> WELCOME BACK, EVERYBODY. WE HAVE BREAKING NEWS OUT OF
CHICAGO RELATED TO THE JUSSIE
SMOLLETT CASE.
SMOLLETT CASE. I WANT TO READ A STATEMENT FROM
SMOLLETT’S ATTORNEYS.
SMOLLETT’S ATTORNEYS. TODAY ALL CRIMINAL CHARGES
AGAINST JUSSIE SMOLLETT WERE
DROPPED AND HIS RECORD HAS BEEN
WIPED CLEAN OF THE FILING OF
THIS TRAGIC COMPLAINT AGAINST
HIM.
HIM. JUSSIE WAS ATTACKED BY TWO
PEOPLE HE WAS UNABLE TO IDENTIFY
ON JANUARY 29TH.
HE WAS A VICTIM WHO WAS VILIFIED
AND MADE TO APPEAR AS A
PERPETRATOR AS A RESULT OF FALSE
AND INAPPROPRIATE REMARKS MADE
TO THE PUBLIC CAUSING AN
INAPPROPRIATE RUSH TO JUDGMENT.
JUSSIE AND MANY OTHERS WERE HURT
BY THESE UNFAIR AND UNWARRANTED
ACTIONS.
ACTIONS. THIS ENTIRE SITUATION IS A
REMINDER THERE SHOULD NEVER BE
AN ATTEMPT TO PROVE A CASE IN
THE COURT OF PUBLIC OPINION.
THAT IS WRONG.
A VICTIM IN THIS CASE JUSSIE
DESERVES DIGNITY AND RESPECT.
DISMISSAL OF CHARGES AGAINST THE
VICTIM IN THIS CASE WAS THE ONLY
JUST RESULT.
JUST RESULT. THIS IS SOME ASTOUNDING NEWS AND
SURPRISING TO SAY THE LEAST.
JOINING ME NOW IS ANDREW
BLANKSTEIN, ANNE THOMPSON AND
DANNY CEVALLOS IS WITH US.
>> OUR PRODUCER IS IN COURT AND
SHE TELLS ME THAT JUSSIE
SMOLLETT IS STRAIGHT FACED
DURING THIS COURT HEARING H. HE
DOES NOT APPEAR TO BE SMILING.
HE DOES NOT APPEAR TO BE HAPPY
OR HE’S SHOWING NO EMOTION.
THE RECORDS, APPARENTLY, IN THIS
CASE WILL BE IMMEDIATELY SEALED,
WHICH I THINK IS VERY
INTERESTING.
INTERESTING. REMEMBER, THESE ARE CHARGES
BROUGHT BY THE STATE OF
ILLINOIS.
ILLINOIS. WHAT’S UNCLEAR IS WHAT HAPPENS
TO THE FEDERAL INVESTIGATION
INTO THIS CASE.
AS YOU SAID, IT REALLY IS JUST A
SHOCKING TURN OF EVENTS BECAUSE
ALL OF A SUDDEN WE HEARD HERE IN
THE NEWSROOM, WE GOT RUMORS THAT
JUSSIE SMOLLETT WAS GOING TO BE
IN COURT TODAY AND THEN SUDDENLY
IT WAS SOMETHING BIG AND THEN
HE’S EXPECTED TO SPEAK AFTER
THIS COURT HEARING.
AND THE QUESTION IS WHAT HAS
HAPPENED?
HAPPENED? WHY HAVE PROSECUTORS SUDDENLY
DECIDED TO DROP THE CHARGES
HERE?
HERE? ARE THOSE TWO MEN WHO CLAIMED
THEY WERE THE ONES WHO BEAT UP
JUSSIE SMOLLETT AT HIS URGING,
HAVE THEY BE FOUNDEN FOUND TO BE
LYING?
LYING? THIS DECISION RAISES MORE
QUESTIONS THAN IT ANSWERS THIS
MORNING.
MORNING. >> JUST SO YOU KNOW, ON ONE SIDE
OF THE SCREEN YOU’RE SEEING THE
STILL IMAGES OF JUSSIE SMOLLETT.
WE’RE AWAITING HIM FOR EXIT THE
COURTROOM.
COURTROOM. WE HAVE CONFIRMATION HE’LL BE
SPEAKING.
SPEAKING. AS SOON AS WE GET THAT WE’LL
BRING IT TO YOU.
ANDREW, I WANT TO BRING YOU INTO
THIS CONVERSATION.
THIS CONVERSATION. I KNOW YOU’VE BEEN FOLLOWING
THIS STORY CLOSELY.
WE LITERALLY JUST GOT THIS.
I’M WANTING OUR AUDIENCE TO BEAR
WITH US AS THIS STORY IS
DEVELOPING.
DEVELOPING. BUT CAN YOU ADD TO WHAT ANNE HAS
BEEN TALKING ABOUT?
>> IT’S A BOMBSHELL THAT’S THE
LATEST OF TWISTS IN THIS CASE.
LAW ENFORCEMENT SAYS THE FBI
WILL CONTINUE INTO THE CASE.
THE QUESTION AGAIN HINGES ON
WHAT HAPPENED WITH THE GRAND
JURY TESTIMONY?
JURY TESTIMONY? WHAT HAPPENED WITH THE BROTHERS?
WHAT DID THEY SAY?
THERE WAS A RECUSAL BY THE LEAD
STATE ATTORNEY WHO WAS REPLACED.
THERE ARE ALL THESE POTENTIALLY
FACTORING IN.
FACTORING IN. CHICAGO P.D. HASN’T MADE A
STATEMENT REGARDING THESE FACTS.
AND WE SHOULD EXPECT THAT
SHORTLY.
SHORTLY. THERE’S JUST A LOT THAT WE STILL
DON’T KNOW THIS MORNING.
BUT IT’S QUITE A TURN.
>> I’M SURE YOU WATCHED THE
PRESS CONFERENCE FROM THE
CHICAGO POLICE DEPARTMENT AS WE
ALL DID A COUPLE WEEKS AGO WHEN
EVERYTHING CHANGED WITH REGARDS
TO JUSSIE SMOLLETT.
THIS MUST HAVE BEEN SURPRISING
NEWS TO YOU TO SAY THE LEAST.
>> WHEN I HEARD THERE WAS GOING
TO BE AN EMERGENCY HEARING THE
FIRST THOUGHT WAS BECAUSE OF
SOME OF THE THINGS THAT HAVE
BEEN GOING ON IN THE MICHAEL
AVENATTI CASE AND MARK GERAGOS,
THAT THIS MAY HAVE TO DO WITH
THAT.
THAT. THERE WAS A COUPLE COUNTS ADDED
A COUPLE WEEKS AGO.
WITH MARK GERAGOS, WE WERE WITH
HIM THAT DAY, HE DIDN’T SAY A
WHOLE LOT.
WHOLE LOT. HE WAS ON A PODCAST AND HE
DISCUSSED IT BRIEFLY.
THE AMAZING THING TO ME IS GIVEN
THE TWISTS AND TURNS, THIS IS
THE LAST THING I EXPECTED AT
THIS JUNCTURE.
THIS JUNCTURE. IT’S A HUGE CHANGE.
>> ALL RIGHT, DANNY, I GOT TO
BRING YOU IN TO ANSWER SOME OF
THESE LEGAL QUESTIONS WE HAVE.
A LOT OF US ARE SCRATCHING OUR
HEADS WITH SO MANY OF THESE
QUESTIONS.
QUESTIONS. OBVIOUSLY, AS ANDREA TALKED
ABOUT, THE 16 CHARGES DROPPED.
TWO COUNTS OF INDICTMENT
DROPPED.
DROPPED. RECORD WILL BE IMMEDIATELY
SEALED.
SEALED. TALK US THROUGH THIS.
WHY ARE THESE RECORDS BEING
IMMEDIATELY SEALED?
IMMEDIATELY SEALED? WHAT IS YOUR HUNCH HERE?
WHAT DO YOU THINK IS HAPPENING
WITH REGARDS TO SUCH A QUICK
DROP IN THE CHARGES?
WHAT HAPPENED HERE WITH THE
FEDERAL INVESTIGATION?
FEDERAL INVESTIGATION? TALK ME THROUGH IT, DANNY.
>> IT’S ONLY A HUNCH AT THIS
POINT, BUT JUST BASED ON THESE
FACTS, WHAT WE CAN GLEAN IS
POSSIBLY THAT SOMETHING WENT
SOUTH VERY QUICKLY IN THE
PROSECUTION’S CASE.
PROSECUTION’S CASE. OFTEN THAT CAN BE A WITNESS.
IT ALSO COULD HAVE BEEN THE
PRODUCT OF SOME NEGOTIATION BY
HIS ATTORNEYS, OF COURSE.
BUT IF THE PROSECUTION BELIEVED
FOR SO LONG IT HAD A SOLID CASE
AND SUDDENLY CHANGED ITS MIND,
WELL, THEN THAT MIGHT BE A
REASON FOR DISMISSING A CASE SO
QUICKLY.
QUICKLY. NOTICE, IT SOUNDS LIKE A FULL
DISMISSAL AND EXPUNGEMENT.
NOT A DEAL FOR WHAT WE CALL
PRETRIAL INTERVENTION WHERE
HE’LL DO PROBATION AND LATER ON
DOWN THE ROAD HE DOESN’T HAVE TO
PLEAD GUILTY, BUT HIS RECORD IS
EX
EX EXSPNGE
EXSPNGE EXSPNGE
EXSPNGE EX
EX EXPONGE
EXPONGE EXPONGED.
EXPONGED. REMEMBER, JUSSIE SMOLLETT WAS
INVESTIGATED AND CHARGED IN
STATE COURT FOR DISORDERLY
CONDUCT, WHICH IN ILLINOIS CAN
INCLUDE MAKING A FALSE REPORT TO
POLICE.
POLICE. THAT CAN BE A VERY SERIOUS
CRIME, MUCH MORE THAN THE NAME
IMBLIGHT
IMBLIGHT IMPLIES.
IMPLIES. THE FEDERAL INVESTIGATION OF THE
LETTER THAT WAS SENT WILL
CONTINUE.
CONTINUE. THAT’S AN ENTIRELY DIFFERENT
JURISDICTION AND IT INVOLVED THE
U.S. MAIL, WHICH MUST BE
INVESTIGATED VERY SERIOUSLY.
FROM THE BEGINNING I SAID THE
STATE COURT CASE IS THE LEAST OF
SMOLLETT’S CONCERNS IF THE
FEDERAL GOVERNMENT CONCLUDES HE
WAS INVOLVED OR COMPLICIT IN
SENDING A THREATENING LETTER
THROUGH THE U.S. MAIL.
THAT IS A MUCH MORE SERIOUS
CRIME THAN THE DISORDERLY
CONDUCT CHARGES HE FACED IN
ILLINOIS.
ILLINOIS. >> SO TALK ME THROUGH, FIRST OF
ALL, THESE RECORDS BEING
IMMEDIATELY SEALED.
IMMEDIATELY SEALED. WHEN YOU’RE SAYING THE
PROSECUTION, WHO IS IT
PROTECTING BY IMMEDIATELY
SEALING THESE RECORDS?
>> IT’S A VERY BENEFICIAL THING
TO SMOLLETT.
TO SMOLLETT. AND TO DO IT IMMEDIATELY, YOU
KNOW, EVERY STATE IS DIFFERENT.
THEY PROVIDE FOR A FORM OF
WHAT’S CALLED EXPUNGEMENT.
IF A CASE RESOLVES IN A
DEFENDANT’S FAVOR, DEPENDING ON
THE RULES IN EACH STATE, HE
SHOULD BE ABLE TO HAVE HIS
RECORD CLEARED.
RECORD CLEARED. THAT INCLUDES HIS ARREST RECORD.
UNFORTUNATELY THESE THINGS
LINGER ON THE INTERNET FOREVER.
AS A CRIMINAL DEFENSE ATTORNEY
YOU ALWAYS HAVE AN INTEREST IF A
CASE IS DROPPED AGAINST YOUR
CLIENT TO SEE IF YOU CAN GET THE
ENTIRE RECORD EXPUNGED.
THAT ARREST RECORD REMAINS IN
THE SUBMIT.
THE SUBMIT. THAT EXPUNGEMENT WILL BENEFIT
SMOLLETT BECAUSE THE COURT WILL
SEND AN ORDER AROUND TO THE FBI,
TO THE FINGERPRINT DIVISION, ALL
THESE DIFFERENT PLACES THAT HAD
HIS INFORMATION WILL, HOPEFULLY,
EXPUNGE IT AFTER THE COURT
ISSUES THIS ORDER.
BUT THAT’S A BENEFIT TO CRIMINAL
DEFENDANTS IF AND ONLY IF A CASE
RESOLVES IN THEIR FAVOR.
YOU CAN’T GET A RECORD EXPUNGED
IF YOU WERE CONVICTED, SERVED
YOUR TIME AND HAVE NO MORE TIME
TO SERVE.
TO SERVE. THIS IMMEDIATE EXPUNGEMENT, A
PROCESS THAT NORMALLY IN THE
STATES WHERE I’VE PRACTICED
TAKES MANY MONTHS, EVEN HALF A
YEAR OR SO TO GET DONE, TO HAVE
THAT DONE IMMEDIATELY SHOWS THAT
THE PROSECUTION MUST HAVE BEEN
VERY MUCH ON BOARD WITH THIS
ENTIRE DEAL, WITH THE DISMISSAL
AND THE IMMEDIATE EXPUNGEMENT ON
HIS RECORD.
HIS RECORD. >> YOU BROUGHT UP THE BROTHERS
AS WELL.
AS WELL. THE BROTHERS’ TESTIMONY FROM
THAT EVENING THAT CHANGED
EVERYTHING.
EVERYTHING. SO DOES THIS BECOME A HE SAID/HE
SAID SITUATION?
SAID SITUATION? DANNY EDID I LOSE YOU?
>> NO, I THOUGHT THAT WAS FOR
ANDREW, GO AHEAD.
>> ANDREW BROUGHT UP THE
QUESTION OF THE BROTHERS.
BASICALLY WE KNOW THE BROTHERS
SORT OF VERSION OF EVENTS FROM
THAT EVENING IS WHAT CHANGED THE
CASE, WHAT CHANGED THE CASE FOR
JUSSIE SMOLLETT.
JUSSIE SMOLLETT. IT’S WHAT TURNED IT ON ITS EAR.
DOES IT BECOME A HE SAID/HE SAID
SITUATION WHERE THEY WERE
BELIEVING JUSSIE SMOLLETT OVER
THE VERSION OF EVENTS THAT TOOK
PLACE FROM THE BROTHERS’ POINT
OF VIEW?
OF VIEW? >> THAT’S A SAFE ENTRANCE.
THERE WAS SURROUNDING
CIRCUMSTANTIAL EVIDENCE, THERE’S
PAYMENTS WITH A CHECK, THINGS
LIKE THAT THAT WE CAN MAKE
INFERENCES ABOUT.
INFERENCES ABOUT. OBVIOUSLY KEY IS THE TESTIMONY
OF THE TWO BROTHERS WHO WERE NOT
CHARGED, WERE ABSOLVED OF ALL
GUILT FROM THE OUTSET.
THAT INDICATED THAT THE POLICE
BELIEVED, IF ANYTHING, THEY WERE
UNWITTING DUPES IN SMOLLETT’S
SCHEME.
SCHEME. NOW PERHAPS, THAT’S BEEN TURNED
ON ITS HEAD.
PERHAPS THE POLICE HAVE
DISCOVERED SOMETHING ABOUT THEIR
STORY THAT DOESN’T ADD UP IN
SUCH A COMPELLING WAY THAT THEY
NO LONGER BELIEVE THERE’S ANY
PROBABLE CAUSE.
PROBABLE CAUSE. MORE THAN THAT, THEY’RE TAKING
THE AFFIRMATIVE STEPS OF
COOPERATING WITH DISMISSING THE
CASE IN ITS ENTIRETY.
THIS IS AN EXCEEDINGLY RARE
THING FOR A PROSECUTION TO DO.
REALLY, THE MORE THAT’S COMING
OUT, IF REALLY SEEMS TO IMPLY