Jussie Smollett police reports released after prosecutor who dropped charges doubts his innocence

One day after all criminal charges were dropped against Jussie Smollett, many people are left with questions about the puzzling case — but will those be answered anytime soon?

CBS Chicago received the redacted Chicago Police Department reports through a Freedom of Information Act Request, which offer some new insights into the criminal investigation. Detectives dug into the $3,500 check Smollett wrote the Osundairo brothers for fitness training, which authorities believe was also payment to carry out the alleged attack. Abimbola “Abel” Osundairo and Olabinjo “Ola” Osundairo told police their average hourly rate for training ranged between $20 and $50. At their maximum rate, Smollett would have paid for 70 one-hour training sessions with that check dated Jan. 23. (The alleged hate crime occurred on Jan. 29.)

Also revealed in the reports is that police obtained a warrant for Smollett’s iCloud account and shared access to the data with the FBI. Smollett is still under federal investigation for mail fraud as the FBI looks into whether the Empire star sent himself hate mail threatening his life, which was laced with white powder, days before the alleged attack.

After the redacted report was released, Chicago P.D. said they were barred from releasing additional records due to a new court order.

However, Cook County State’s Attorney Kim Foxx later stated in an interview with ABC Chicago that the files will be released. Foxx, who recused herself after it had been revealed that she had been in touch with Smollett’s family, defended her office’s decision to drop all charges in a series of interviews on Wednesday.

“I believe this was a just outcome based on the circumstances,” she said, while adding, “We stand behind the work the men and women of the [Chicago Police Department] did in putting this case together.”

She also said this wasn’t a case of a celebrity getting special treatment. “I don’t want people to believe that there aretwo measures for justice for [those with] privilege and those without,” she explained, saying she stands behind her office’s record of how its handled other Class 4 felonies. Foxx doubled down on the assertion in an interview with WBEZ.

“You know, I think that there is a lot of confusion. For people who do this work every day, who recognize what the charges are — this is a Class 4 felony — we recognize that the likelihood that someone would get a prison sentence for a Class 4 felony is slim,” she said, adding, “I’ll start with the caveat that the final disposition was made by someone other than myself. But I understand it. I think we again have to look at these cases on the facts and the merits. … Not every case that goes to trial has a finding of guilt.”

Foxx concluded by saying she doesn’t view the dismissed charges to mean Smollett is necessarily innocent.

“In this instance, Mr. Smollett forfeited his $10,000 bond. Mr. Smollett completed community service, and how he chooses to spin why he did those things — what I can tell you is that most people who come through the criminal justice system don’t give up $10,000 of their hard earned money, or engage in volunteer services connected with an alleged offense, without viewing that as a way of being held accountable,” she said.

The prosecutor who dropped the 16 disorderly conduct charges, Joe Magats, flat out said he believes the actor lied to the police. “I do not believe [Jussie] is innocent,” he told CBS Chicago.

He added to ABC Chicago, “This was not an exoneration. To say that he was exonerated by us or anyone is not true. We believe he did what he was charged with doing.”

Similar to Foxx’s rationale, Magats explained that his office’s resources are simply best used to combat violent crime. “I don’t think that Mr. Smollett is a driver of violence or a violent individual,” he said.

Smollett agreed to forfeit his $10,000 bond and completed 16 hours of community service, both of which factored into the prosecutor’s decision to drop charges.

“After reviewing all of the facts and circumstances of the case, including Mr. Smollet’s volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case,” the Cook County State’s Attorney’s Office told Yahoo Entertainment in a statement.

In another interesting twist, the Osundairo brothers’ lawyer released a statement saying she no longer represents them after Tuesday’s stunning reversal. According to TMZ, she quit after the brothers would not make a public statement standing by their claim that Smollett paid them to orchestrate the attack. The timing was interesting as Smollett’s team has gone on the offensive, saying police should refocus their investigation on the brothers.

“The two men who attacked him have indicated that they attacked him, so we already know who attacked him,” Smollett’s attorney Patricia Brown Holmes told reporters Tuesday. Another lawyer representing the actor went on Good Morning America on Wednesday and also shifted the narrative back to the brothers, saying they were lying and that Smollett, a victim of a crime, “just wants his life back.”

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'Empire' star Jussie Smollett during court appearances
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'Empire' star Jussie Smollett during court appearances
Empire actor Jussie Smollett arrives a news conference after a hearing at the Leighton Criminal Court Building Tuesday, March 26, 2019, in Chicago. Smollett attorneys Tina Glandian and Patricia Brown Holmes said in a Tuesday morning statement that Smollett's record "has been wiped clean." Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men who shouted racial and homophobic slurs. (AP Photo/Amanda Seitz)
Empire actor Jussie Smollett appears with a fan as he walks out of the Leighton Criminal Court Building after a hearing Tuesday, March 26, 2019, in Chicago. Smollett attorneys Tina Glandian and Patricia Brown Holmes said in a statement Tuesday that Smollett's record "has been wiped clean." Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men who shouted racial and homophobic slurs. (AP Photo/Amanda Seitz)
Actor Jussie Smollett exits courtroom 101 into the hallway at the Leighton Criminal Court Building following an emergency hearing over his disorderly conduct charges on Tuesday, March 26, 2019. (Jose M. Osorio/Chicago Tribune/TNS via Getty Images)
US television actor Jussie Smollett attends Leighton Criminal Court with his attorney Tina Glandian (L) on March 14, 2019, in Chicago. - Smollett pleaded not guilty on Thursday to charges he lied to police about being the victim of a racist, homophobic hate crime. The 36-year-old actor was charged with 16 felony counts last week for allegedly masterminding a false attack to gain publicity and win a bigger paycheck. (Photo by E. Jason Wambsgans / POOL / AFP) (Photo credit should read E. JASON WAMBSGANS/AFP/Getty Images)
CHICAGO, IL - MARCH 14: Actor Jussie Smollett leaves Leighton Criminal Courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama 'Empire.' (Photo by Nuccio DiNuzzo/Getty Images)
US television actor Jussie Smollett attends Leighton Criminal Court with his attorney Tina Glandian (L) on March 14, 2019, in Chicago. - Smollett pleaded not guilty on Thursday to charges he lied to police about being the victim of a racist, homophobic hate crime. The 36-year-old actor was charged with 16 felony counts last week for allegedly masterminding a false attack to gain publicity and win a bigger paycheck. (Photo by E. Jason Wambsgans / POOL / AFP) (Photo credit should read E. JASON WAMBSGANS/AFP/Getty Images)
CHICAGO, IL - MARCH 14: Actor Jussie Smollett (C) leaves Leighton Criminal Courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama 'Empire.' (Photo by Nuccio DiNuzzo/Getty Images)
CHICAGO, IL - MARCH 14: Actor Jussie Smollett arrives at Leighton Criminal Courthouse on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama 'Empire.' (Photo by Nuccio DiNuzzo/Getty Images)
CHICAGO, IL - MARCH 14: Actor Jussie Smollett arrives at Leighton Criminal Courthouse on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama 'Empire.' (Photo by Nuccio DiNuzzo/Getty Images)
CHICAGO, IL - MARCH 14: Actor Jussie Smollett arrives at Leighton Criminal Courthouse on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama 'Empire.' (Photo by Nuccio DiNuzzo/Getty Images)
CHICAGO, IL - MARCH 14: Actor Jussie Smollett arrives at Leighton Criminal Courthouse on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama 'Empire.' (Photo by Nuccio DiNuzzo/Getty Images)
Actor Jussie Smollett(C) and team arrive for a court hearing at the Leighton Criminal Courthouse on March 12, 2019 in Chicago. - A Chicago grand jury on March 8, 2019 indicted American actor Jussie Smollett on 16 felony counts after allegedly lying to police about being the victim of a racist, homophobic hate crime. Police say Smollett -- who gained fame on Fox musical drama 'Empire' -- staged the attack in a bid to gain publicity and a bigger paycheck. (Photo by DEREK HENKLE / AFP) (Photo credit should read DEREK HENKLE/AFP/Getty Images)
Actor Jussie Smollett(C) and team arrive for a court hearing at the Leighton Criminal Courthouse on March 12, 2019 in Chicago. - A Chicago grand jury on March 8, 2019 indicted American actor Jussie Smollett on 16 felony counts after allegedly lying to police about being the victim of a racist, homophobic hate crime. Police say Smollett -- who gained fame on Fox musical drama 'Empire' -- staged the attack in a bid to gain publicity and a bigger paycheck. (Photo by Nova SAFO / AFP) (Photo credit should read NOVA SAFO/AFP/Getty Images)
CHICAGO, ILLINOIS - FEBRUARY 21: Empire actor Jussie Smollett leaves Cook County jail after posting bond on February 21, 2019 in Chicago, Illinois. Smollett has been accused with arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary. (Photo by Nuccio DiNuzzo/Getty Images)
CHICAGO, ILLINOIS - FEBRUARY 21: Empire actor Jussie Smollett (partially obscured) leaves Cook County jail after posting bond on February 21, 2019 in Chicago, Illinois. Smollett has been accused with arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary. (Photo by Nuccio DiNuzzo/Getty Images)
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Smollett, who is black and gay, claimed that two masked men carried out a racial and homophobic attack against him. He also said they yelled, “This is MAGA country,” referring to President Donald Trump’s presidential campaign slogan, “Make America Great Again.”

As for Smollett, he continues to maintain his innocence.

“First of all I want to thank my family, my friends, the incredible people of Chicago and all over the country and the world who have prayed for me, who have supported me and who have showed me so much love,” he said in a short press conference Tuesday. “No one will ever know how much that has meant to me and I will be forever grateful. I want you to know that not for a moment was it in vain. I have been truthful and consistent on every level since day one. I would not be my mother’s son if I was capable of one drop of what I’ve been accused of.”

The actor continued, “This has been an incredibly difficult time. Honestly one of the worst of my entire life. But I am a man of faith and I am a man that has knowledge of my history and I would not bring my family, our lives or the movement through a fire like this. I just wouldn’t.

“Now I’d like nothing more than to get back to work and move on with my life,” he concluded. “But make no mistakes, I will always continue to fight for the justice, equality and betterment of marginalized people everywhere. So again thank you for all the support. Thank you for faith and thank you to God. Bless you. Thank you very much.”

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