“My son is not here anymore and she gave us all this hope and she promised us that this was going to be OK.”
I agree with The Daily Wire’s Emily Zanotti Skyles when she said we may owe Jussie Smollett some gratitude because it has opened up the operations of Cook County State’s Attorney Kim Foxx’s office.
Foxx remains quiet on why her office dropped 16 felony charges against Smollett, which led to questions about her office. It brought to light the fact that her office allowed a convicted killer of a 16-year-old to go free thanks to a local news station.
ABC 7 Chicago put its investigative team to work on this case. Derrion Albert, a 16-year-old honors student, died after he got “in the middle of a gang fight and killed in 2009.”
From ABC 7 Chicago:
Cook County prosecutors charged four teens involved in the gang melee that led to Albert’s death as adults. Three were convicted of murder at trial. One pleaded guilty. All are serving prison sentences.
But one teen – known then as “D.J.” – was 14 at the time. Prosecutors say he punched Albert and knocked him down, saying that he signed “his death certificate.”
Prosecutors decided to charge him as a juvenile in a special kind of case called an Extended Jurisdiction Juvenile prosecution or EJJ.
That means although “D.J.” was convicted as a juvenile – he was also sentenced to 30 years as an adult on the underlying offense of murder. However, that sentence would be stayed and not enforced unless he was convicted of a new felony after being released from juvenile custody.
Anjanette Albert, Derrion’s mother, told the news station that then-Assistant State’s Attorney Foxx explained the EJJ way was the best since “if he got in trouble he goes back.”
“D.J” is Dionte Johnson. Officers arrested and charged him “with felony aggravated fleeing after a Chicago police chase.” ABC 7 Chicago found within the records that “prosecutors filed notice that they were ‘seeking to revoke stay of his adult sentence.'” Officials told Anjanette that Johnson would receive 30 years.
Johnson received a conviction on November 8, 2016, the same day the people elected Foxx as the Cook County State’s Attorney. That’s when things changed for the Albert family:
“They call us down there and tell us that the state’s attorney decided to not pursue the motion,” said Norman Golliday, Derrion’s grandfather.
Anjanette Albert said they told them that, “Kim Foxx decided not to go any further with this to just, it’s over. She’s going to drop it and he’s going to get out and there was nothing that we could do.”
Cook County prosecutors were no longer seeking to enforce the 30-year sentence. Instead, they’d ask a judge for probation.
“One of the gentlemen said that it was determined that he had been rehabilitated,” said Golliday. “My face almost fell off my head. I could not believe that the guy actually said that.”
Anjanette Albert said she repeatedly called Foxx’s office, but Foxx never called her back.
“I felt like she sat in our face, she cried with us, she hugged us and then you turn around and let this murderer, I don’t care how old he is, he was convicted of first degree murder. My son is not here anymore and she gave us all this hope and she promised us that this was going to be OK. And it didn’t turn out like that,” Albert told the I-Team.
Foxx’s spokesman told ABC 7 Chicago: “Based on the Class 4 Felony, which carries a sentencing range of probation or up to three years in prison, it was not in the interest of justice to pursue a 30 year prison sentence in this case.” The spokesman also claimed that the office has “no personal knowledge of the Albert family asking to meet with State’s Attorney Foxx.”
I’m confused. Back in 2009, Johnson received 30 years as an adult unless he was convicted of a felony after he left juvenile custody.
Johnson was convicted of a felony. The process clearly states that he must spend 30 years in jail.
Foxx said those who criticize her over the Smollett case are racist. Will she call those racist who criticize her on the Albert case?
It also makes you wonder what else has happened since she became Cook County State’s Attorney.DONATE
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