CBS 2 has obtained hundreds of emails and texts related to the investigation through a request of the Freedom of Information Act.
Foxx, who had withdrawn from the case, believed that the charges against Smollett were exaggerated. "Sooo … I'm being challenged, but when people accuse us of overcharging cases … 16 counts in a class 4 become proof A," he wrote.
He continues to compare the case of Smollett with that of the singer R. Kelly.
"Pedophile with 4 victims 10 charges. Laying down a celebrity who lied to the cops, 16. In an eligible case for a deferred judicial process, I think it's an indication of something we should consider in general. Just because we can charge something does not mean we should. "
Smollett was indicted and pleaded not guilty to 16 counts of disorderly conduct for allegedly lying to the police about a hate crime, but Cook County prosecutors dropped the charges against Smollett after he agreed to waive his $ 10,000 bail and He completed 16 hours of community service.
"After reviewing all the facts and circumstances of the case, including the voluntary service of Mr. Smollett in the community and the agreement to waive his bail to the City of Chicago, we believe that this result is a just provision and an appropriate resolution to this case". the Cook County State's Attorney's office stated in an email at that time.
Foxx said he withdrew from the case. The first deputy state prosecutor, Joseph Magats, a 28-year veteran prosecutor, had been the chief prosecutor. The Foxx office then said it was not a formal challenge. Rather, Foxx was separated from the decision-making due to the abundance of caution.
CBS 2 legal analyst Irv Miller said Foxx should have walked away from the case after recusing himself.
"She should not be thinking about the case, she should have left it to the first assistant, because that's what she wanted to do, that would have been the right way to do it, obviously she was involved, obviously just for the amount of these text messages. , there was a great concern after this happened, "he said.
Foxx published the following statement about why he was communicating with employees about the case after recusing himself:
"After the accusation was made public, I contacted Joe to discuss the review of the office's policies to ensure consistency in our collection and the use of the appropriate collection authority. I was chosen to carry out the criminal justice reform and that includes intentionality, coherence and discretion. I will continue to maintain these guiding principles. "
Last week, Foxx asked Cook County inspector general Patrick Blanchard to review his handling of the case. Miller said the text messages between Foxx and his staff will be part of that investigation.
"This has to be part of it. If it's going to be any valid research, you have to find out what was going on behind the scenes. And that's where the key lies in this case. Who was really making the decisions? Why was the decision made? ", He said.
Smollett was accused of falsifying a police report and lying to the police. Each of the 16 charges against him covers several alleged acts that Smollett falsely described to the officers, including the fact that he was beaten by two men, who shouted racial and homophobic slurs and poured him a chemical.
Smollett, who is black and openly gay, told police he was attacked while walking home around 2 am on January 29. He claimed that two masked men, one of them also wearing a red hat, shouted homologous and homophobic insults while hitting him, placed a rope around his neck and poured a chemical over him.
The police said that, in reality, Smollett had paid Ola and Abel Osundairo to organize the attack.
Charlie De Mar, of CBS 2, reported that Smollett also ordered the brothers to buy the rope at a hardware store and hat and masks at a store in Uptown. Chicago Police Supt. Eddie Johnson said the police have the check.
Police said the two brothers wore gloves during the staged attack, and beat Smollett, but the scratches and bruises on Smollett's face were probably self-inflicted.
Police at the time said the attack was a publicity stunt because the actor was upset about his pay on the show.