CHICAGO (AP) — New documents on the Jussie Smollett case released Thursday show that prosecutors told Chicago police detectives that a possible deal with the “Empire” actor was in the works a month before charges against him were dropped. The approximately 460-pages of new documents show detectives investigating Smollett’s claim he was the victim of a hate crime were told by Cook County prosecutors a deal with Smollett could include a $10,000 fine and community service. The detectives did not pass the information to superiors. “They didn’t pass it on because they didn’t know it (the case) was going to be handled the way it was,” said Chicago police spokesman Anthony Guglielmi. Smollett was charged with 16 counts alleging he lied to police when reporting he’d been the victim of a racist, anti-gay attack in January. Police contend the black and openly gay actor staged the attack because he was unhappy with his salary and wanted publicity. Prosecutors dropped charges on March 26 without Smollett admitting guilt. Then Chicago Mayor Rahm Emanuel and police Superintendent Eddie Johnson expressed outrage over the prosecutors’ decision. In the documents released Thursday, detectives note the Chicago Police Department was informed by the Cook County State’s Attorney’s office on Feb. 28 that they could no longer investigate the crime. Smollett was indicted on March 7. The lead investigators in the case met with Assistant State’s Attorney Risa Lanier, who informed detectives “that she felt the case would be settled with Smollett paying the city of Chicago $10,000 in restitution and doing community service.” The detectives closed the case at that point because an arrest was made and the alleged offender was being prosecuted, according to Guglielmi. Telephone calls to the Cook County state’s attorney’s office weren’t immediately returned Thursday. It was the attorneys for Smollett who announced charges alleging he lied to police about attack had been dropped. At the time, Johnson said he learned of the deal prosecutors made with Smollett when the deal was announced by lawyers, adding he didn’t think justice was being served. However, he didn’t directly criticize prosecutors. “My job as a police officer is to investigate an incident, gather evidence, gather the facts and present them to the state’s attorney,” Johnson said. “That’s what we did. I stand behind the detectives’ investigation.” The Illinois Prosecutors Bar Association said the dismissal of the charges was “an affront to prosecutors across the state” as well as police, victims of hate crimes and the county as a whole. The city of Chicago is seeking $130,000 from Smollett to cover the costs of the investigation into his reported beating. The city claims about two dozen detectives and officers investigated the entertainer’s report that he was attacked, resulting in a “substantial number of overtime hours.”

SAN DIEGO (AP) — Attorneys for a decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner will try again Friday to have the case dismissed after their client was unexpectedly freed from custody.

A military judge released Special Operations Chief Edward Gallagher from custody on Thursday, which drew gasps in a San Diego courtroom.

The judge, Capt. Aaron Rugh, said releasing Gallagher was a remedy for prosecutors interfering with his Sixth Amendment right to counsel.

Gallagher’s lawyers have condemned the prosecution for launching an unusual effort to find the source of news leaks in the politically charged case by embedding tracking code in emails sent to defense attorneys and a Navy Times journalist.

Defense attorney Tim Parlatore had accused prosecutors of a “rogue, relentless, and unlawful cyber campaign” that may have violated attorney-client privilege and hurt his client’s ability to get a fair trial.

Gallagher’s wife, Andrea, who has led a campaign to free her husband, put her hands to her face and burst into tears.

“I feel like it’s a small victory on the way to the larger victory,” Andrea Gallagher said outside court while her husband stood quietly by her side in his Navy whites.

He declined to comment.

A spokesman for the Navy prosecutors also wouldn’t comment on Gallagher’s freedom or developments at the hearing, which continues Friday.

Gallagher has pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and attempted murder for allegedly picking off civilians from a sniper’s perch.

His platoon supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher’s re-enlistment ceremony next to the militant’s corpse.

Efforts to get the case thrown out come as President Donald Trump considers pardoning several service members accused of war crimes, including Gallagher, who faces trial June 10.

Evidence at the hearing showed prosecutors enlisted a Naval Criminal Investigative Service intelligence specialist to conduct criminal background checks on three civilian lawyers, including Parlatore, and a journalist with the Navy Times who has broken several stories based on leaked documents.

On Thursday, Rugh said investigators told him privately that they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn’t have the power to authorize it and wasn’t told they planned to target emails sent to the defense lawyers or a journalist.

The lead prosecutor downplayed the move at a related hearing earlier in the day. Cmdr. Christopher Czaplak said the code embedded in the email recorded nothing more than where and when messages were opened by recipients.

Czaplak said the tracking ended May 10 after he was confronted by defense lawyers who discovered the code in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath Czaplak’s signature.

On Thursday, Czaplak said the code was similar to what marketers use to see when an email is opened and on what device.

By Patricia Older

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