The 16 charges were delivered by a grand jury indictment
Foxx sent a text to Magats. She says a pedophile with 4 victims received 10 charges, while a "washed up celeb who lied to cops" gets 16 charges.
I see the comparison of the R. Kelly indictment, against the Jussie Smollet indictment, as a diversionary tactic.
A
grand jury heard evidence from the prosecution, and delivered a 16 felony count "true bill" indictment, in the Smollett case.
Kim Foxx texted, "Sooo...
I am recused, but when
people accuse us of overcharging cases... 16 counts on a class 4 [felony] becomes exhibit A." (Highlights are mine, for emphasis).
Two issues with State's Attorney Foxx's quote:
First issue: Foxx she said she recused herself, but she did not. "When an elected State’s Attorney recuses herself from a prosecution, Illinois law provides that the court shall appoint a special prosecutor. See 55 ILCS 5/3-9008(a-15). Typically, the special prosecutor is a neighboring State’s Attorney, the Attorney General, or the State Appellate Prosecutor. Here, the State’s Attorney kept the case within her office and thus never actually recused herself as a matter of law." That's a quote from the Illinois Prosecutors Bar Association.
1
Second issue: A
grand jury delivered a 16 felony count, "true bill" indictment, in the Smollet case, not the Cook County State's Attorney's Office, or the State's Attorney Kim Foxx, or the Chicago Police.
Source:
1. "
IPBA Statement on Jussie Smollett Case Dismissal." ilpba.org, 28 Mar 2019. Accessed from URL www. ilpba.org/announcements/7249825 17 April 2019.