Illinois
Jussie Smollett lawyers ask Illinois Supreme Court to overturn verdict that he falsely claimed hate crime
Lawyers for Jussie Smollett asked the Illinois Supreme Court Tuesday to overturn a jury’s 2021 guilty verdict that found the actor lied to Chicago police when he falsely claimed he was the victim of a hate crime.
During the actor’s trial, special prosecutors accused Smollett of staging the attack for publicity because he was unhappy with his salary for his role on the hit television show “Empire” and was attempting to launch a music career.
The jury found the actor guilty of five counts of disorderly conduct, and he was sentenced to 30 months of probation, with the first 150 days to be served at Cook County Jail.
At the heart of Smollett’s argument is whether the Cook County state’s attorney’s office had earlier entered into a binding agreement not to prosecute Smollett because he voluntarily agreed to forfeit his $10,000 bond and perform community service.
Defense attorney Nenye Uche told the justices Tuesday that because Smollett’s attorneys and the government reached the deal together, it should be considered a contractual non-prosecution agreement — regardless of whether that term had been used in court.
Short of reversing the jury’s verdict, Uche asked the justices to alternatively send the case back to the trial court for an evidentiary hearing to determine if a binding agreement had been reached.
Special prosecutors countered that the original agreement was honored when Smollett’s first case was dropped by prosecutors through a motion for “nolle prosequi” — a legal term when the state has decided to no longer prosecute.
But dropping the case doesn’t prevent prosecutors from being able to refile charges, Special Prosecutor Sean Weiber told the justices.
Justice Elizabeth Rochford questioned that argument, asking why Smollett would agree to voluntarily forfeit his bond if he thought he could be recharged.
“If the words nolle pros are used, regardless of the other circumstances … then a defendant should be cautioned that the reinstatement is always a possibility?” Rochford asked.
Weiber argued the answer was yes, citing “40 years of legal precedent” and that Smollett’s experienced team of lawyers knew the difference.
In Smollett’s case, he argued, there was nothing that would have dismissed the case “with prejudice” — meaning a judge says the charges can’t be refiled — because Smollett neither admitted guilt nor was deprived of his liberty.
Rochford later returned the question to Uche, asking about the argument that the “terms used were nolle pros, he voluntarily forfeited the money and that when he walked out, he should have been well aware that those charges could be re-brought?”
“Mr. Smollett isn’t an attorney,” Uche responded. “He shouldn’t be punished for any misapprehension or drafting, secretarial errors that were done on this particular agreement. The prosecutor should not hide behind technicalities.”
Last year, a divided appellate court panel affirmed the actor’s conviction in a 2-1 decision after considering similar arguments. A dissent from Justice Freddrenna Lyle sided with Smollett that there was evidence the state had entered into an agreement.
“The majority contends that there is no evidence in the State’s agreement that the parties intended for the agreement to be tantamount to a dismissal with prejudice. I disagree,” Lyle wrote.
The state Supreme Court agreed to hear the case in March.
In his closing argument, Weiber asked the justices to finally bring an end to the case, noting it has been 2,048 days since the “underlying incident.”
“He was caught,” Weiber said. “He was convicted.”
In January 2019, Smollett called police to report he was attacked by two Trump supporters who beat him, doused him with a bleach-like substance and placed a thin rope noose around his neck as he walked home from a Subway sandwich shop.
His story quickly fell apart as police launched an expansive investigation that consumed thousands of hours of manpower, officials said.
Smollett was charged by State’s Attorney Kim Foxx, who later announced she would recuse herself after it was revealed she had helped facilitate conversations between Smollett’s family and the Chicago Police Department.
Months later, the state’s attorney’s office decided to drop the charges — a decision that led to significant public outcry.
It led a judge to appoint Dan Webb as a special prosecutor to review the decision to drop charges against Smollett. Webb determined the state’s attorney office had committed “substantial abuses of discretion and operational failures,” and he ultimately brought new charges in an indictment against Smollett.
Smollett served less than a week of that sentence before he was released while appealing his case.
Illinois
How a clump of moss helped convict grave robbers in Illinois
It was a particularly heinous crime. Four workers at a cemetery near Chicago dug up more than 100 bodies and dumped the remains elsewhere in the grounds, in order to resell the burial plots for profit.
Now, nearly two decades after the scandal broke at Burr Oak cemetery in Alsip, Illinois, scientists have released details of how a tiny clump of moss became crucial forensic evidence that helped convict the grave robbers.
Dr Matt von Konrat, head of botanical collections at the Field Museum in Chicago, was drawn into the case in 2009 when he received a phone call from the FBI. “They asked if I knew about moss and brought the evidence to the museum,” he said.
An investigation by local police had found human remains buried under inches of earth at the cemetery, a site of enormous historical importance. Several prominent African Americans are buried at the cemetery, including Emmett Till, whose murder in 1955 became a catalyst for the civil rights movement, and the blues singer Dinah Washington.
Alongside the re-buried remains, forensic specialists spotted various plants, including a piece of moss about the size of a fingertip. Hoping that it would help them crack the case, the FBI asked von Konrat to work out where the moss came from and how long it had been there.
After examining the moss under a microscope and comparing it with dried specimens in the museum’s collection, the scientists identified it as common pocket moss, or Fissidens taxifolius. A survey at the cemetery found that the species did not grow where the corpses were discovered, but was abundant in a lightly shaded area beneath some trees where police suspected the bodies had been dug up. The moss had evidently been moved with the bodies.
But when was the crime committed? The answer lay in a quirk of moss biology. “This is the cool thing about moss,” von Konrat said. “When we’re dead, we’re dead, but with mosses, it’s bizarre. Even when we might think they’re dead, they can still have an active metabolism.” The metabolism drops slowly over time as cells gradually die off.
One way to measure moss metabolism is to bathe it in light and see how much is absorbed by the chlorophyll used to make food through photosynthesis, and how much light is re-emitted. The scientists ran tests on the moss found with the bodies, on a fresh clump from the cemetery, and other specimens from the museum’s collection.
“We concluded that the moss had been buried for less than 12 months and that was important because the accused’s whole line of defence was that the crime took place before their employment. They were arguing that it happened years and years earlier,” said von Konrat. Details are published in Forensic Sciences Research.
Doug Seccombe, a former FBI agent who worked on the case and a co-author of the study, said the plant material from the cemetery was “key” to securing the convictions when the case went to trial.
Von Konrat, who is a fan of the BBC forensic science drama Silent Witness, never expected to be working on a criminal case, but now wants to highlight how important mosses might be for forensic investigations. “I had no idea we’d be using our science, our collections, in this manner,” he said. “It underscores how important natural history collections are. We never know how we might apply them in the future.”
Illinois
Andretti family’s popular go karting and gaming facility opening first Illinois location. See inside
A popular indoor go karting and gaming company is opening up its first Illinois location in a Chicago suburb this week.
Andretti Indoor Karting & Games announced it will open its doors on a brand new Schaumburg location at 4 p.m. on March 10, with a grand opening event slated for March 14.
The facility will feature numerous attractions, including “high-speed electric Superkarts on a multi-level track” and an arcade with professional racing simulators and two-story laser tag arena, in a 98,000-square-foot facility. There’s also bowling, a movie theater and more, the company said.
The Schaumburg location, at 1441 Thoreau Dr., will mark Andretti’s 13th facility in the U.S.
“We’re thrilled to open our thirteenth location in the thriving village of Schaumburg,” said Eddie Hamman, managing member. “Andretti is the perfect addition to all the amazing experiences across Chicagoland, and we look forward to meeting the communities that make this market a top destination.”
The company said it plans to host a “sneak preview” event beginning at 11 a.m. on March 10, where several guests will “be treated to free racing, attractions, and arcade play with food and beverage options available for purchase.” The Andretti family will also be on-hand for autograph sessions that afternoon.
A limited number of spots will be made available to RSVP to the preview.
Then on March 14, the first 100 guests to visit the facility to be given one hour of free arcade play and entered to win a raffle for a free birthday party. Ten guests could also win free arcade play for a year.
Illinois
New building owner addresses backlash over mural in downtown Springfield
SPRINGFIELD, Mo. (KY3) – A long-standing mural honoring Robert E. Smith on the side of a building at Campbell and Walnut has been covered up, prompting community backlash against the building’s new owner.
David Pere, owner of FMTM LLC, purchased the building in downtown Springfield and said he intended it to reflect his business, which focuses on helping veterans with financial strategies and goals. Covering the mural was part of that plan.
Pere said he was out of town in Tennessee when painting began and learned about the community reaction through messages on his phone.
“I’m like, I was in Tennessee running an event. I didn’t even know he’d started painting until I got a bunch of really nasty messages on my phone,” Pere said. “And I go, oh, look, that’s our building getting painted. I guess he started.”
Pere said he did not anticipate the response. “You know, we didn’t. I didn’t know how much of an impact this was going to make,” he said.
Jesse Tyler, co-owner of SGFCO, said he wanted the mural to stay and expressed concern about the lack of safeguards for publicly recognized works of art.
“To paint over that is to say, like, could be interpreted as saying that his work is no longer relevant or that his story is no longer relevant. I don’t think that’s true,” Tyler said. “Robert’s artwork needs to be part of downtown for as long as we can maintain that memory and maintain that legacy.”
Tyler said the community had hoped protections would be in place for the mural. “Maybe we didn’t have those protections that we hope there would be, that maybe the sort of legacy and awareness of Robert’s work that we hope there would be wasn’t there,” he said.
The City of Springfield posted online, acknowledging the artwork held deep meaning for many residents. Because the building is privately owned, however, Pere is within his rights to make changes to its exterior.
Pere said he hopes to help relocate the mural to a more permanent location. “We want to help migrate that mural to a wall where it could be more permanent,” he said. “I’d love to help them find a space for it. I’d love to help. I’d love to see the city get involved to the point where that space could be a permanent space where it’s actually maintained because it is obvious now that it is very important to the city of Springfield.”
Pere is already working with an artist on a new mural for the side of the building, intended to represent veterans. That mural is expected to begin going up at the end of the month.
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