Frail Chicago businessman, 76, charged with the SAME crime as Jussie Smollett was fined and now has a criminal record, while the disgraced actor who cost the city $130,000 by refusing to admit culpability had all charges dropped

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A frail businessman was arrested and charged with the same crime as Jussie Smollett, and admitted his crimes straight away to save Chicago police an investigation, but now has a criminal record.

Robert Racky pleaded guilty to filing false police report last month, after calling the cops in August 2018 saying he been carjacked. In fact, he had been booted by the city for unpaid parking tickets.

The frail 76-year-old, who opened the first rooftop club outside the home of the Chicago Cubs in Wrigleyville in 1988, was thrown in jail for two days before a lawyer posted his bond.

He couldn’t afford to pay the bail himself because of a slew of financial problems and was suffering from crippling bronchitis at the time.

Racky admitted his crimes straight after he was arrested and saved the city a lengthy investigation, but was still dragged through the courts and will now likely end his life with a rap sheet.

It was his first offense. Now questions are being raised as to why Racky was subjected to different standards to Smollett.

Just a few weeks before Racky’s guilty plea, Cook County State’s Attorney Kim Foxx dropped all charges against the Empire star after he allegedly staged a hate attack to try and get a raise on the show.

The actor, who is black and gay, claimed that two white men attacked him on the sidewalk shouting racist and anti-gay slurs, as well as slogans of Donald Trump.

Smollet avoided a criminal record, despite the sworn testimony of two Nigerian bodybuilders who said Smollett had paid them to stage the hoax.

Smollett has never apologized for his actions, has never been held accountable, and the investigation into his conduct cost Chicago police $130,000. He did two days of community service.

Ever since, Foxx’s office has defended their decision to drop the charges against Smollett and insist they only focus on ‘violent crime’. She has also suggested race may be a factor in the criticism against her.

Foxx even said that Smollett’s deal is available to all defendants.

There was no violence involved in Racky’s arrest or conviction. However, police did find unloaded guns locked in a box in the back of his booted car.

However, he was never convicted of any weapons charges.

Foxx has faced calls to resign and her office has faced huge scrutiny since her decision not to go through with prosecuting Smollett.

Smollett has also been under intense scrutiny from President Trump, who on Saturday urged the actor to apologize to millions his ‘complete lie’.

Martin Preib, the vice president of the Chicago police union, told DailyMail.com that they do not ‘buy’ Foxx’s version of what happened to Smollett.

‘Which is why we have called for a federal investigation,’ he added. ‘We have also argued that a pattern may be emerging of Ms Foxx making questionable decisions that benefit her political allies and supporters’.

Foxx dropped the charges after she was contacted by Tina Tchen, Michelle Obama’s former Chief of Staff, who was working on behalf of the Empire star and said she had ‘concerns’ about the investigation, according to multiple reports.

Racky is the father of the famous rooftop seating at Wrigley Field. He used to be a wealthy man with substantial real estate holdings in the Windy City.

But, now his only income is $1,660 from social security after a series events within his family meant he was essentially stripped of his fortune.

Racky started the first Wrigley Field rooftop, The Lakeview Baseball Club, in 1988.

It became famous for the tote board under its seats that details the years elapsed since the Cubs’ last division, league and World Series titles.

In 2015, for example, the sign read AC0770107 (seven years since a division title, 70 since the pennant, 107 since the World Series title).

‘AC’ stands for ‘anno catuli,’ generally translated from Latin to mean “in the year of the Cub.” The accompanying “Eamus Catuli!” sign means “Let us go, little bears,” or “Let’s go Cubs!”

It was flipped to zero when the Cubs beat the Cleveland Indians in 2016, their first World Series win since 1908.

In 2011, a judge foreclosed the property. Ever since Mr Rasky has suffered a slew of financial problems and healthy issues.

Gilbert Liss, Racky’s lawyer, told DailyMail.com he had recently moved from Chicago to Iowa and mounting frustration with his business and ailing health was a factor with the run-in with the police.

‘Sometimes he doesn’t have his hands on any money, so he is unable to travel. I got him excused from failure to show up,’ he said.

Martin Preib, the vice president of the Chicago police union, told DailyMail.com that they do not ‘buy’ Foxx’s version of what happened to Smollett.

‘Which is why we have called for a federal investigation,’ he added. ‘We have also argued that a pattern may be emerging of Ms Foxx making questionable decisions that benefit her political allies and supporters’.

Foxx dropped the charges after she was contacted by Tina Tchen, Michelle Obama’s former Chief of Staff, who was working on behalf of the Empire star and said she had ‘concerns’ about the investigation, according to multiple reports.

Racky is the father of the famous rooftop seating at Wrigley Field. He used to be a wealthy man with substantial real estate holdings in the Windy City.

But, now his only income is $1,660 from social security after a series events within his family meant he was essentially stripped of his fortune.

Racky started the first Wrigley Field rooftop, The Lakeview Baseball Club, in 1988.

It became famous for the tote board under its seats that details the years elapsed since the Cubs’ last division, league and World Series titles.

In 2015, for example, the sign read AC0770107 (seven years since a division title, 70 since the pennant, 107 since the World Series title).

‘AC’ stands for ‘anno catuli,’ generally translated from Latin to mean “in the year of the Cub.” The accompanying “Eamus Catuli!” sign means “Let us go, little bears,” or “Let’s go Cubs!”

It was flipped to zero when the Cubs beat the Cleveland Indians in 2016, their first World Series win since 1908.

In 2011, a judge foreclosed the property. Ever since Mr Rasky has suffered a slew of financial problems and healthy issues.

Gilbert Liss, Racky’s lawyer, told DailyMail.com he had recently moved from Chicago to Iowa and mounting frustration with his business and ailing health was a factor with the run-in with the police.

‘Sometimes he doesn’t have his hands on any money, so he is unable to travel. I got him excused from failure to show up,’ he said.

Judge Marc Martin slammed Foxx in a tirade on the bench.

‘I’d like to know why Ms. Clark is being treated differently than Jussie Smollett,’ he said. ‘It’s a disorderly conduct case. A lot less egregious than Mr. Smollett’s case. I have a problem with it.’

In Clark’s case, prosecutors are demanding that she make full restitution of $2,800 and serve deferred prosecution – none of which was asked of Smollett.

In court on April 11, Judge Martin pressed the prosecutor on the discrepancy.

‘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 was unimpressed.

‘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.

‘There’s no publicity to this case. She doesn’t have Mark Geragos as her lawyer or Ron Safer or Judge Brown. It’s not right. And I proceed in this matter, you’re just digging yourselves further in a hole,’ the judge said.

‘Press gets a hold of this, it’ll be in a newspaper. Why is Ms Clark being treated differently than Mr. Smollett?’ he continued.

A spokesperson for Foxx declined to comment at the time, saying the case is ongoing.

Clark, who works an overnight shift at Home Depot, said she couldn’t believe it when the judge demanded to know why she was being treated differently than Smollett.

 

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