Judge criticizes prosecutors for dropping charges against Jussie Smollett and charging woman who filed false report

Actor Jussie Smollett leaves the Leighton Criminal Courthouse in Chicago on Tuesday March 26, 2019, after prosecutors dropped all charges against him. Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men who shouted racial and homophobic slurs. (Ashlee Rezin/Sun-Times/Chicago Sun-Times via AP)

Actor Jussie Smollett leaves the Leighton Criminal Courthouse in Chicago on Tuesday March 26, 2019, after prosecutors dropped all charges against him. Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men who shouted racial and homophobic slurs. (Ashlee Rezin/Sun-Times/Chicago Sun-Times via AP)

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A Chicago judge railed against Cook County State’s Attorney Kim Foxx’s office for what he called as a double standard for prosecuting a 21-year-old for filing false charges while Jussie Smollett was able to avoid prosecution for allegedly doing the same thing.

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Judge Marc Martin berated prosecutors earlier this month in a Rolling Meadows courtroom for charging Candace Clark, with a felony for allowing her friend to access her bank account, and then filing a false police report saying the money was stolen.

“I’d like to know why Ms. Clark is being treated differently than Jussie Smollett,’” Judge Martin demanded from the bench, WFLD-TV reported. “It’s a disorderly conduct case. A lot less egregious than Mr. Smollett’s case. I have a problem with it.”

Foxx’s office dropped Smollett’s 16 felony counts for orchestrating an alleged fake hate crime, against the judgment of police and the mayor. In the case two brothers even allegedly said Smollett paid them to take part.

The prosecution wants Clark to pay full restitution of $2,800 and also serve deferred prosecution. In Martin’s eyes it screams privilege and double standard.

“We review each case individually and make offers based on the facts of each individual case,” prosecutor Allison Kudzy responded, according to a court transcript.

Judge Martin pointed out the obvious hypocrisy.

“Well, Ms Clark is not a movie star, she doesn’t have a high-priced lawyer, although, her lawyer’s very good,” he said.

“And this smells, big time. I didn’t create this mess, your office created this mess. And your explanation is unsatisfactory to this court. She’s being treated differently,” he continued.

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By Thursday, Clark came back to court and the judge gave her a few more weeks to work out the kinks in the case.

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