I don't know, but I wondered if Double Jeopardy applies.
Kim Foxx is by far the stupidest DA, ever. Was she star struck?
I can't even believe that she is running again. And, who would vote for her after this mess?
DEFENSE CITES DOUBLE JEOPARDY:
Jussie Smollett pleads not guilty as his attorneys claim the new charges are double jeopardy
Smollett's attorneys also have filed a motion in Cook County court arguing that the refiling of charges violated protections against being charged twice for the same crime, known as double jeopardy.
His lawyer, Tina Glandian explained, “One of the protections that the double jeopardy clause provides is not to punish somebody twice for the same offense. Previously he did forfeit his bond, in the amount of $10,000. That in essence was a punishment stemming from the criminal proceedings, and therefore trying to punish him again a second time around is not permitted under the double jeopardy clause. You don’t just get a do over.”
PROSECUTION SAYS DOUBLE JEOPARDY DOES NOT APPLY:
Attorney: No case for double jeopardy for Smollett - Republic World
Prosecutors have said double jeopardy does not apply because Smollett was not prosecuted last year.
Clinical law professor and defence attorney Richard Kling of Chicago-Kent College of Law said the new charges won't constitute double jeopardy.
"It is etched in stone that double jeopardy does not apply," Kling said. "If the argument is that Ms. Foxx's office did not have the authority to enter into an agreement because there was a conflict - and that's pretty much what Dan Webb is saying - then there's no jeopardy issue."
CBS 2 Legal Analyst Irv Miller explained that charging Smollett again does not amount to a case of double jeopardy. He’s back to square one,” “Whatever he could have gotten a year ago before the case was dropped, he could get right now, and that includes deferred prosecution – if done the right way this time.”
“He was neither convicted nor acquitted in the first proceeding. The case was dropped,” Miller said. “The prosecutor then has the sole authority to bring it up again, since double jeopardy never attached to the case.”
as they crowd around....
