The messages were among almost 200 pages of screenshots of texts exchanged between Foxx and her top staff, included alongside more than 3,600 pages of emails - and a 36-page spreadsheet detailing records the office determined could not be released to the public because records in Smollett's case were sealed the day the charges were dropped.
Protestors organized by the Fraternal Order of Police call for the removal of Cook County State's Attorney Kim Foxx on April. 01, 2019 in Chicago, Illinois.
Foxx withdrew herself from the case in February after she had been in contact with one of Smollett's relatives early during the investigation.
Foxx made the comment to her top deputy, Joseph Magats, on March 8, just as news surfaced that the actor had been indicted on 16 counts for allegedly lying to Chicago police about being attacked in a hate crime.
She continued, "Pedophile with 4 victims 10 counts".
Smollett, who is openly gay, was indicted on 16 counts of disorderly conduct on suspicion of staging a January 29 hate crime attack on himself. "Just because we can charge something doesn't mean we should".
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"Just wish I could have anticipated the magnitude of this response and planned a bit better!" texted Assistant State's Attorney Risa Lanier to Magats.
"After the indictment became public, I reached out to Joe to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority", Foxx said in a statement obtained by USA Today. But the States Attorney exempted many records from disclosure, citing privileged communications and the sealing of the court file after the charges were dropped. But a week later the head of the State's Attorney's Appellate Division issued a memo stating his opinion that if Foxx recused herself, Foxx didn't get to pick who took over the prosecution, and it was up to the court to appoint a special prosecutor. "It's the right decision". In an op-ed in the Tribune, she backed off her office's initial stance that the case was strong, writing that they were uncertain of a conviction, but she offered no specifics.
Foxx texted back and apparently compared the Smollett case to the sex abuse charges against singer R. Kelly. Chicago Police Supt. Eddie Johnson said police have the check.
Foxx has said she's open to an outside review of how her office handled the case.
The lawsuit laid out a detailed account of the allegations against Smollett, who told police he was attacked January 29 by two men who shouted homophobic slurs at him, wrapped a noose around his neck and poured an unknown liquid on him.
Police said, in reality, Smollett had paid Ola and Abel Osundairo to stage the attack. In exchange, they said, the actor had done community service and agreed to forfeit his $10,000 bond.