Judge Calls Out Kim Foxx For Charging Woman With Felony For Making False Report

Cook County Judge Marc Martin called out prosecutors and told the State's Attorney's Office to get its act together.

Chicago, IL – Embattled Cook County State’s Attorney Kim Foxx found herself in the hot seat yet again after a Cook County judge accused her office of giving special treatment to celebrities.

Candace Clark, 21, found herself a victim of the state’s attorney’s double-standard practices after she was charged with one felony count of disorderly conduct for making a false police report, WFLD reported.

Clark is accused of giving someone access to her bank account and then reporting the money as stolen to police.

“Empire” star Jussie Smollett, by comparison, was indicted by a grand jury on 16 felony counts of disorderly conduct after he staged a fake hate crime on himself and reported it to police.

Authorities said Smollett staged the hoax attack and told police he was beaten up by white President Trump supporters on Jan. 29 who told him Chicago was “MAGA country” and hurled homophobic and racist slurs at him.

Despite the indictment, Foxx’s office announced they were dropping all charges against Smollett and claimed it was the way in which many such cases are adjudicated when the offender isn’t a threat to anyone.

The actor also had to forfeit his $10,000 bail and do 16 hours of community service.

Clark, by contrast, is facing a much more aggressive prosecution by the same attorneys that let Smollett go for a crime one-sixteenth as serious as what the actor was charged with by a grand jury.

Prosecutors demanded that the 21 year old make full restitution of $2,800 and serve deferred prosecution, something they did not ask be required of Smollett, WFLD reported.

But the judge had no problem calling the prosecutors out for the inequity in a Rolling Meadows courtroom.

“I’d like to know why Ms. Clark is being treated differently than Jussie Smollett,” Cook County Judge Marc Martin told prosecutors. “It’s a disorderly conduct case. A lot less egregious than Mr. Smollett’s case. I have a problem with it.”

“Ms. Clark is not a movie star, she doesn’t have a high-priced lawyer,” the judge continued. “And this smells big time. Your office created this mess. There’s no publicity on this case. Press gets ahold of this; it’ll be the newspaper."

Clark has no prior criminal history and has pleaded not guilty to the charge against her, WFLD reported.

“I’m not Jussie Smollett,” Clark said. “I wish I was, but it’s OK. I’ll get my justice.”

The Cook County State’s Attorney’s Office has made a number of very public missteps in recent weeks that have resulted in calls for Foxx’s resignation and a federal investigation of her office’s handling of the Smollett case.

The decision to drop the charges against the “Empire” star was met with outrage by the Chicago police chief and the mayor, and President Donald Trump called for a federal investigation.

“FBI & DOJ to review the outrageous Jussie Smollett case in Chicago. It is an embarrassment to our Nation!” President Trump tweeted.

Foxx defended her office’s handling of the actor’s case by claiming that there was nothing unusual about deferred action in a case like Smollett’s.

She told WBEZ that the public just doesn’t understand how the legal system works.

She said that Smollett was treated like any other citizen and given no celebrity status in the disposition of his case.

“You know, I think that there is a lot of confusion,” Foxx explained. “For people who do this work every day, who recognize what the charges are — this is a Class 4 felony — for people who are in the weeds of this, we recognize that the likelihood that someone would get a prison sentence for a Class 4 felony is slim.”

She told WBEZ that people are having trouble processing “the intricacies of the justice system” and “don't understand alternative prosecution or diversion or alternate outcomes outside of prison or lengthy probation.”

Foxx insisted that Smollett’s charges were disposed of like any other similar case would be.

“If you took the celebrity out of this and looked at Class 4 felonies, or if you were able to isolate out what happens with other disorderly conduct cases when the defendant is not a celebrity, and to see if this is out of line, and I think that gives greater clarity,” she told WBEZ.

But then a memo was leaked that showed the prosecutor’s office was desperately searching for similar examples of case dispositions in an attempt to prove their point.

Even as the prosecutor’s office claimed there was nothing unusual about deferred action in a case like Smollett’s, WLS reported that staff in the state’s attorney’s office was scrambling to find cases to use in their own defense.

“We are looking for examples of cases, felony preferable, where we, in exercising our discretion, have entered into verbal agreements with defense attorneys to dismiss charges against an offender if certain conditions were met, such as the payment of restitution, completion of community service, completion of class, etc., but the defendant was not placed in a formal diversion program,” read a memo that was circulated in the Cook County State’s Attorney’s Office, according to WLS.

“Please ask your [assistant state’s attorneys] if they have examples of these types of dispositions and we will work with them further to figure out on what case it was done,” the memo continued. “Nobody is in trouble, we are just looking for further examples of how we, as prosecutors, use our discretion in a way that restores the victim, but causes minimal harm to the defendant in the long term.”

Foxx had announced she was recusing herself from the Smollett case on the day the actor was taken into custody because she said she had facilitated conversations between Smollett’s family members and the police department.

But she didn’t refer the case to another jurisdiction as is required for recusal, and instead referred it to her top assistant prosecutor. She later told reporters she had never “formally” recused herself from the Smollett case.

Most recently, that state’s attorney was forced to recuse herself from the case of a man charged with battery on a peace officer after she appeared on Facebook in a selfie with the defendant while her office was prosecuting him.

Comments (30)
No. 1-22
informative
informative

Maybe she flips a coin each time. Jussie was just lucky?

tb0ne30
tb0ne30

Ya informative. That’s got to be it. I’m thinking that maybe, just maybe, she’s not “handling” her job like she should be. Might be she should resign. Just to be “safe” ya know?! Lol 😂

Marxest
Marxest

Celebrities, no matter their race/ethnicity, always have an edge in the Criminal Justice system. That's the way it's always been in America. It shouldn't be a shock that a nobody gets charged for a crime and a celebrity gets that same charge dropped. Is it right? Absolutely not. Is it fair? Absolutely not. But Life doesn't always turn out right and it sire isn't fair. Deal with it.

HAWAIIBLUE
HAWAIIBLUE

I think she’s a piece of shit regardless of how she handles anything. Her credibility is shot to shit and no court should grant her any type of judgement ever again. Did I mention I think she is a piece of shit!?

cspcapt
cspcapt

The amount of $ one has should never determine the kind of justice They receive

PB62
PB62

The Judge judged rightly. Foxx needs to go!

THEDUKE
THEDUKE

Cant wait to see what the Feds come up with on Jussie and their possibly prosecuting Foxx as well. Both of these SJWs need to keep worrying as neither is free and clear yet.

asillyrabbit551
asillyrabbit551

You get the best justice that money can buy.

Gramercy
Gramercy

Ahhh, should we raise the "racist" flag against a woman of color? Was Candice not a woman of color? Interesting...very interesting....

Blue Dawg
Blue Dawg

Ms.Foxx says that the people do not understand the process. Oh but we do understand it. Your office chose to let someone go that has 4 felony counts but now you want to prosecute someone for a lesser charge. She needs to be disbarred like Obamas and the State Attorney's needs to hire someone that will uphold the law no matter what the person's status is or how much money they have in their bank account.

BlueLM101
BlueLM101

Something stinks in Chicago...

alicefae
alicefae

Anybody but me, find a marked contrast between what that woman does and what she says? She’s got a helluva assistant that tells her what to say. If you just listened to her, you’d think she’s intelligent. Then you see a picture! Lol

THEDUKE
THEDUKE

Out of touch ? Yes , absolutely, of course , .......but add a combination of naive, incompetent, ignorant , unethical, corrupt and showing preferred racial bias .....It is wise to avoid voting in members of this community into any official office. They will repeatedly avoid the rule of law, regulations , and policy as it is written, make it up as they go along, appearing incapable of removing race from their own decision making while trying to correct perceived or imagined "social injustices" ,..... and will then sit there dumbfounded and unaware..... or just actually lie outright when finally confronted. How many examples do you need to see? 2 ? 5? 10? When do you say to yourself "enough"? Remember these examples when it comes time to vote. Remember to speak out at civic , municipal or state meetings. Keep track of your own tally if you doubt what is mentioned here.

investigator
investigator

Well said!!

JMK2244
JMK2244

What??? "She told WBEZ that the public just doesn’t understand how the legal system works." So, does this include millions of us who spent our entire careers in the legal system? She's an idiot and should NOT be in charge of ANY prosecution office! SMH.

61mouse
61mouse

Why does she still have a job ???

Trishdish2001
Trishdish2001

This State Attorney needs ripped of her duties and not yesterday! What other proof you need?

2A protects u and me
2A protects u and me

I really dislike Jackass Jackson and all his race baiting BS, but I think he's turning into "Grumpy Cat". This whole Crap fest is just like watching a Dumpster Fire. Just garbage to look at, and everything stinks.

bluknight
bluknight

This is what the courts did in the south in the past letting whites go for who they were, so is this the same thought process and attack on justice? Yes ​it is!

bluknight
bluknight

Justice is Blind. In this case ​Justice's blinder was removed and replaced by binoccular​s.

tom1961
tom1961

Couldn't possibly be a race thing, could it?

IseeWhereThisIsGoing
IseeWhereThisIsGoing

Wow.... how bad do you have to be for a judge to call your office out for it's double standard in how you treat people? I'm glad some in the media took this story and ran with it