CHICAGO (WLS) -- When prosecutors dropped felony charges against "Empire" star Jussie Smollett, they suggested it was accomplished through a program offered to thousands of Cook County defendants each year. However, the ABC7 I-Team has determined Smollett's case had nothing to do with that alternative disposition program.
According to the transcript of Smollett's court appearance, there was never a mention of the special state law that allows for alternative dispositions for first-time offenders in fairly minor felony cases. Smollett's attorney said there was no mention of it because the charges were simply dropped by Cook County.
"This is consistent with what we do in alternative prosecution. And I think that is important because I don't think people understand what that is. In the last two years, we've had 5,700 people participate in some form of diversion program because we want to get to just outcomes," Cook County State's Attorney Kim Foxx said in an interview with ABC7 on Wednesday.
When charges were dismissed Tuesday, First Assistant State's Attorney Joe Magats, who handled the case after Foxx recused herself, said that he'd "call it an alternative disposition in that he agreed to do community service."
"He agreed to forfeit his bail, the remainder of his bond, to the city of Chicago. In return for him doing those things, we agreed to dismiss the indictment," Magats added.
The law prosecutors have said was in play for Smollett, known as the Offender Initiative Program, states that, "the court shall enter an order specifying that the proceedings shall be suspended while the defendant is participating in a Program of not less 12 months."
Smollett's community service lasted two days and was completed before his court date.
The law also requires a defendant make full restitution to the victim. In Smollett's case, the victim is the City of Chicago. Smollett's $10,000 in bond money that he agreed to forfeit to the city is a sliver of the more than $130,000 the city says he owes in restitution for the investigation that followed his claim of being a hate crime victim.
Read the city's full letter to Smollett's team here
Patricia Brown Holmes, one of Smollett's attorneys, told the I-Team Thursday afternoon that the state law being invoked by authorities as a reason for the charges being dismissed is false. Holmes says there were no conditions to be met for his dismissal, other than forfeiture of bond.
The state's attorney's repeated comments that 5,700 people have participated in alternative prosecution under a special diversion plan since she took office are also in question. The prosecutor's own public data, inspected by the I-Team, shows that number is only about 3,600.
Late Thursday, officials sent a list of more than 6,000 cases that they claim the state's attorney's office referred for alternative prosecution under the Foxx administration after the I-Team found that the public portal data cited by the state's attorney's office didn't match their claims. An initial review of those cases by the I-Team shows some of them are resolved with guilty pleas. The I-Team is seeking further comment from the State's Attorney's Office.
Regardless, it now seems evident that Smollett wouldn't even make that list because there is no reason to believe he was cut loose under such an alternative sentencing program.
RELATED: City of Chicago asks Jussie Smollett to pay for $130,000 cost of investigation
RELATED: FBI reviewing circumstances of Jussie Smollett's charges being dropped, sources confirm
RELATED: What's inside the CPD Jussie Smollett investigative file?
RELATED: Mayor Emanuel calls decision to drop charges against Smollett 'whitewash of justice'
RELATED: Charges dropped against 'Empire' actor Jussie Smollett
RELATED: Osundairo brother at center of Jussie Smollett case compete in Chicago boxing match
RELATED: Jussie Smollett update: 'Pain and anger' around 'Empire' in recent weeks, Lee Daniels says
RELATED: FOP accuses Cook County State's Attorney Kim Foxx of interfering in Jussie Smollett investigation
RELATED: Jussie Smollett pleads not guilty to disorderly conduct charges
RELATED: Jussie Smollett update: Texts shed light on why State's Attorney Kim Foxx recused herself
RELATED: Jussie Smollett appears in court for hearing; Cameras allowed for Thursday hearing
RELATED: Jussie Smollett update: Brothers 'taken advantage of' by Smollett, attorney says
RELATED: Jussie Smollett indicted on 16 felony counts by grand jury
RELATED: Brothers reportedly involved in Jussie Smollett alleged hoax release statement expressing 'regret'
RELATED: Jussie Smollett's check to brothers obtained by ABC News
RELATED: Jussie Smollett's character to be removed from 'Empire', producers say
RELATED: What's next for Jussie Smollett? Possible big police bill
RELATED: Jussie Smollett alleged hoax may cast doubt on real hate crimes, advocates fear
RELATED: Jussie Smollett out on bond after being accused of staging attack
RELATED: Jussie Smollett charged with disorderly conduct for filing false police report, prosecutors say
RELATED: Cook Co. State's Attorney Kim Foxx recuses herself from Jussie Smollett investigation
RELATED: Brothers told police Smollett was upset threatening letter didn't get enough attention, staged attack
RELATED: Activist calls for Smollett's arrest, believes actor lied about attack
RELATED: Brothers tell police that Jussie Smollett paid them to stage attack, official says
RELATED: Sources: Police investigating whether Smollett staged attack with help of others
RELATED: Timeline of key moments in alleged attack on Jussie Smollett
RELATED: Jussie Smollett breaks silence on Chicago attack
RELATED: 'Empire' actor's family releases statement on attack, pictures of possible persons of interest released
RELATED: Photos show potential persons of interest in 'Empire' actor attack, police say
RELATED: 'Empire' actor Jussie Smollett attacked in Chicago in possible hate crime, police say
Jussie Smollett update: Prosecutors' surprise deal raises new questions
More TOP STORIES News