There has been so much misinformation around Cook County (Chicago) State’s Attorney Kim Foxx’s actions in the Jussie Smollett fraud case. Time for me to share the real deal — from having been a prosecutor for close to two decades!
Much has been made over Cook County (Chicago) State’s Attorney Kim Foxx’s handling of the case involving Empire star Jussie Smollett. Initially, Smollett was charged with 16 criminal counts for allegedly faking a hate crime, with himself as the victim. Foxx has been attacked for being too lenient, and for having contact with representatives of Smollett’s camp.
As a former prosecutor who handled homicides and violent crimes, it’s time to clear up some myths and misconceptions.
A prosecutor is expected to speak to a victim
While Foxx did have contact with Smollett’s camp when the case initially began, she ceased contact when it became clear that Smollett was being investigated as a defendant. It is impossible to investigate a case and determine its veracity without speaking to the victim. With a high profile victim, you often end up speaking to intermediaries. If it turns out the victim is not truly a victim, you end contact and prosecute if there is enough evidence. This is normal, and in criminal cases, there are twists and turns that one can’t predict.
I once had a homicide case that I thought was a slam dunk.
Every year for Black History Month, I produce a series entitled “Legal Divas of Color”. The aim is to highlight female legal eagles of color, past and present, who blazed the trail for me (as well as many other sisters and brothers to follow).
Did you know that it was an African American female attorney that brought down mobster Lucky Luciano?
I surely did not!
A dear friend of mine Louise brought this to my attention on Facebook. She posted:
Just finished “Invisible: The Forgotten Story of the Black Woman Lawyer Who Took Down America’s Most Powerful Mobster” by Stephen L. Carter. The book is about Eunice Hunton Carter, the author’s grandmother. The granddaughter of slaves, she was a graduate of Smith College, and later became the first black woman to receive a law degree from Fordham University in New York City. In the mid-1930s when special prosecutor Thomas E. Dewey selected twenty lawyers to help him clean up the city’s underworld, she was the only member of his team who was not a white male. And it was her work that brought down Lucky Luciano, the most powerful Mafia boss in history. This is a remarkable story about a truly remarkable woman.
So of course, I had to investigate!
Eunice Hunton Carter was born in 1899 in the city of Atlanta. Her parents, who were social activists, encouraged her to push boundaries. After graduating cum laude from Smith College with both undergraduate and graduate degrees in 1921, she pursed a career as a social worker. Later, Ms. Carter became the first African American woman to graduate from Fordham Law School in 1932.
Mayor Fiorello LaGuardia appointed her to “women’s court” to serve as a prosecutor of women perpetrated crimes — at the time, mostly prostitution. This made her the first African American female Assistant District Attorney in Manhattan.
While working in this court, Ms. Carter started to see a pattern — certain prostitutes kept getting arrested all over New York City, and were consistently bonded out by the same bail bondsmen, and represented by the same attorneys. The bondsmen and attorneys were connected to the mobster Charlie “Lucky” Luciano. Lucky Luciano created the infamous “Commission” — which brought all five mob families together to settle disputes and carve up territory. He was ruthless, running rackets and “whacking” or murdering anyone who stood in his way.
Armed with her observations, Ms. Carter spoke to her boss, special prosecutor Thomas Dewey, and they began to build a case. They were able to prove that the prostitutes had to kick back half of their earnings for protection as well as representation. This meant Luciano was benefiting from prostitution. Due to her hard work, they secured a guilty verdict, and Luciano was sentenced to 30-50 years in prison. He served 10 years before being deported to Italy (after cooperating with authorities).
Ms. Carter continued to serve as a prosecutor until 1945, when she entered private practice. She married Lisle Carter, Sr., who is one of the first African American dentists in New York. She also advised the United Nations on women’s issues and was active with the United Council of Negro Women and YMCA until her death in 1970.
Get the book by her grandson Stephen L. Carter here.
Ironically, when I first became a prosecutor, my goal was to do mob and drug trafficking cases. Life took me on a different path, but I’m thrilled to see a sister who blazed the trail and was an unsung heroine in the fight against organized crime. With the knowledge that the mob (in general) did not have a high opinion of African Americans or women, learning about her work made it that much sweeter.
Thank you Eunice Hunton Carter for being a true Legal Diva of Color!
First row L-R: Miami Central Vice Principal Lita Thompson, Melba Pearson, Ronald Dowdy, Gera Peoples, Sgts Louis and Pierre, Principal Gregory Bethune. Back row: Markenzy Lapointe, Bruce Brown and Brian Kirlew Not pictured: Pastor Carl Johnson.
This past week, the National Black Prosecutors Association (NBPA) hosted a series of panel discussions entitled “Real Talk: Lessons Learned from Trayvon Martin”. The panels were geared towards young African American men attending high school and middle school. Both Atlanta and Miami held these discussions in recognition of the two year anniversary of the shooting death of unarmed teen Trayvon Martin. Six high schools in Atlanta participated, including Benjamin Banneker, and Southwest Dekalb High.
In Miami, 75 male students of color at Miami Central High School engaged in small group
discussions on the topics of Crime, Consequences, and Options. The Crime panel included
Miami-Dade Police Department Homicide Det. Closel Pierre, who talked about seeing the
tragedies that violence brings on a daily basis. Federal prosecutor and NBPA National
President Bruce Brown hammered home the importance of finding a positive influence. “My positive influence was my mom. One, because I was afraid of her, and two because I didn’t want to let her down.” Sgt. Greg Louis of the Miami-Dade Police Crime Suppression Team opened up about his own challenges of growing up in a tough area. His focus during his youth was on sports activities. Sgt. Louis reminded the boys that “nothing short term is going to last. Where would I be if I had let people talked me into hanging out instead of going to practice? Don’t let peer pressure get the best of you”.
The Consequences panel featured a state prosecutor, a federal prosecutor, and a public
defender. This panel encouraged the young men to think about the consequences of their
actions, and what the repercussions can be of being in the criminal justice system. Brian
Kirlew, a public defender, echoed the sentiments of staying away from crime, but also told the boys “America is a very forgiving place if you are willing to change your behavior. Don’t let past mistakes hold you back”. Federal prosecutor Gera Peoples took a different tactic, by informing the boys of the realities of going to prison. “Think about the consequences to your family”, he implored.
The last panel, Options, included a stirring message from Pastor Carl Johnson of the 93rd
Street Community Baptist Church, and Mark Lapointe, partner at the firm Boies, Schiller and Flexner, LLP. Pastor Johnson rallied the boys to action, stating “your ways determine your walk; get your personality on track, and don’t leave high school without a plan.” On the topic of violence he stated ” if you are confronted with violence, do not let someone draw you out of your personality and lead you down the path of wrong. Stand firm in who you are and walk away”.
Much like some students, a number of the speakers came from single parent families — but
found success through positive role models. The message that was reiterated by all of the
speakers was access. As the event closed, Principal Bethune informed the boys that all of the speakers agreed to be available at any time in the future to give guidance, and answer
The event was an overwhelming success, and will be repeated in Miami schools throughout the next few weeks. This program is critical to bringing encouragement to young men that are often labelled and forgotten.
Melba Pearson is an attorney in Florida. Follow her on Twitter at @ResLegalDiva. She is also the Southeast Regional Director for the National Black Prosecutors Association. For more information about NBPA go to http://www.blackprosecutors.org.