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| Chicago prosecutors dropped all charges Tuesday against "Empire" actor Jussie Smollett, just weeks after he was indicted on 16 counts of disorderly conduct for filing a false police report about being the victim of an alleged hate-crime attack. |
The LGBTQ community deserves answers |
| By Richard Saenz |
| The reported January attack against Jussie Smollett raised questions concerning the increased hate violence against LGBTQ people and people of color. As some people turned to social media to share notes of support and sympathy, others questioned the reported attack. |
| In an alarming twist, Smollett was soon arrested and charged with disorderly conduct for filing a false report. And then, to the surprise of many, on Tuesday the Cook County State's Attorney's Office announced its decision to drop all charges against Smollett, raising even more questions about what happened. |
| Because the judge overseeing the case ordered it sealed, there are so many things that we may never know, but here's what we know for sure: There has been a reported increase in hate crimes against LGBTQ people and people of color. And last year, there were at least 26 reported killings of transgender people, the majority of whom were black transgender women. We also know that we must do more to stop the discrimination and violence against transgender people. |
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| This is not just about Smollett's story; it's about how all LGBTQ people, especially those of color, interact with the police, and the work that must be done to safeguard against discrimination and misconduct. |
| Many LGBTQ people who are victims of crimes are afraid to call the police when something bad happens to them. The fact that Smollett even reported the attack makes his situation different from so many people who are the victims of hate violence. |
| LGBTQ people of color know all too well what many refuse to believe — that anti-LGBT bias and racism are part of our legal system, that we are not taken seriously when we report crimes and hate violence against us, and that even if we are the victim of a crime, the moment of interaction with law enforcement can be one of the most dangerous for us. |
| Mistrust of the police is part of our history. The modern LGBTQ rights movement is often considered to have begun with the community's response to the police assault on LGBT patrons of the Stonewall Inn in 1969. In a national community survey conducted by Lambda Legal in 2015, 62 percent of respondents reported inadequate law enforcement responses to reports of crimes that could include physical assaults, property crimes and sexual assault. |
| LGBTQ youth, of color, low-income people and transgender people were much more likely to report an experience of at least one type of police misconduct or harassment. And according to the 2015 U.S. Transgender Survey, a majority (57 percent) of respondents said they would not be comfortable calling the police for help. |
| If we are to take anything from Smollett's story, it is that as a community we need to demand that our police departments across the country ensure cultural competence at all levels, so that if an LGBTQ person comes to report a crime the report will be taken seriously, and that policies and procedures of the department take into account the privacy and safety concerns of LGBTQ people. The answer is not more policing of our community. |
| Richard Saenz is senior attorney and criminal justice and police misconduct strategist at Lambda Legal. You can follow the group on Twitter: @LambdaLegal. |
What others are saying |
| Mark Davis, Townhall : "While Jussie Smollett and his attorneys took to microphones to vouch for his truthfulness and character, a picture emerged of a Chicago system so riddled with corruption that prosecutors dropped the charges because their target had already performed some ill-defined community service that would have been the only consequence he would have received had he been convicted. ... The only thing more frustrating than a miscarriage of justice is the beneficiary trying to have it both ways. Smollett has made clear his passions for fighting injustice, so one would think that if he really felt maligned by lies and a false arrest, he would be burying city and state officials with invective and lawsuits." |
| Daniel D'Addario, Variety : "The Smollett story wraps up with a similar lack of true catharsis. And though Smollett himself, a free man who gets to continue his life and likely his work on 'Empire,' may not mind terribly, this outcome actually stands to hurt him going forward. Were he given a day in court to defend himself — gaining exoneration or being compelled to make restitution — he would have a story we understood how to talk about. He would either enjoy the unqualified vindication of an acquittal or repay a debt through the justice system. Either way would allow Smollett to move past an incident that seems likely, instead, to cling to him." |
| Robby Soave, Reason.com : "Without being able to see the evidence, it's tough to say which side is right. But none of this really changes what the public knows about the Smollett case. Whether or not the state's attorney wanted to bring the matter to trial, it remains fairly indisputable that the culprits were two ... brothers who knew and worked with Smollett. If the actor was involved — something that still seems likely — the best remaining option for bringing him to trial is the FBI's investigation of the threatening letter he received in the mail." |
What our readers are saying |
| If the police had the evidence they stated against Jussie Smollett, this is a travesty and the district attorney should be removed. |
| — Joe Calloway |
| There were weeks worth of hours of police investigations. Time that could have been focused on real crimes. At the very least, Smollett owes the city the money that paid for those hours of investigation. Chicago taxpayers should not pay for a charade. |
| — Jan Dempsey |
| I bet this won't be the same case for the next poor person who files a false report. This is a clown move by Cook County, and it sends a message that there is no punishment if you are a wealthy celebrity. |
| — Rich Simon |
| I don't know if Smollett did what he's accused of, but I suspect that the Chicago Police Department must have done something dirty and now Smollett's going to walk. |
| — Charon Murphy |
| To join the conversations about topics on USA TODAY or provide feedback to this newsletter, email jrivera@usatoday.com, comment on Facebook, or use #tellusatoday on Twitter. |
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