Celebrity Justice
"Top Chef" Josie to Cops -- You Dropped the Ball

Josie Smith-MalaveThe former "Top Chef" wannabe who was the victim of an alleged gay-bashing is livid that cops haven't made charges stick on their suspects -- and now Josie Malave-Smith is sticking it to the popo with a formal complaint.

Malave-Smith, in a statement obtained by TMZ, slams the Nassau County Police Department for their "poor" handling of her case, and says she's "disheartened" by the inability of cops to charge the suspects, whom she claims to have already ID'd in lineups.

Only two people have been apprehended in the attack, and neither has been charged with a hate crime.
Melissa Trimarchi and Elizabeth Burroughs
The openly gay Josie claims that "9 to 12" teenagers were involved in the assault, in which she and her friend were punched and spat on at a Long Island nightclub. Malave-Smith's lawyer, Yetta Kurland, calls the inability to charge a suspect "heartbreaking" and "unthinkable," and wants the Nassau County Prosecutor's Office to conduct "a thorough investigation."

Neither the police nor the DA's office had comment, nor would they provide an update on the case.

UPDATE: Melissa Trimarchi and Elizabeth Burroughs were arrested and charged in connection with the alleged assault. Nassau County Police Department released an update on the case.

Tags: Josie Smith-Malave, JosieSmith-malave, Top Chef, TopChef

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(Page 2 of 2) Previous 15 Comments

16. Keep ugly people off this site. If I wanted to see ugly people I would invite my in-laws over. Now the Dallas cheerleaders, that's breaking news.

Posted at 9:05AM on Nov 17th 2007 by HL

17. @#16:
Thanks. I'm glad someone else actually understands what I'm talking about, for once.

@#'s 17 & 18:
You two are just plain shallow and stupid. First of all, #17, does that even matter? That is nowhere NEAR the issue, and to say something like that is just utterly retarded. Not just dumb, ignorant, or even stupid, but absolutely RETARDED. Some bigoted morons attack someone simply for being different from them, and all you can think about is, "OMG, her voice was SOOOOOO annoying?" There's more important things in life, moron, and you need to grow up and figure that out, and quickly.

And #18, I GUARANTEE that you sure as hell aren't a looker yourself, so shut the hell up with your shallow and stupid comments like that. How somebody looks physically is NOT an issue, especially not in this case. What someone is like in personality, thoughts, and heart are what matter most, and it just annoys, disappoints, and saddens me that there are still morons like you and #17 out there, who can't look past things so trivial and stupid, in order to see who a person really is. That's one of the reasons why so many other cultures view us Americans as total idiots, and with examples like you two, it isn't too far from the truth.

I just hope that, one of these days, you all can finally understand all of that, and realize just how stupid you've been acting, and maybe even change your ways.

Posted at 11:13AM on Nov 17th 2007 by Jeremy Bosco

18. I say GO! FIGHT! WIN! And it doesn't really help her cause to use an unflattering picture. That's kind of rude on the part of TMZ. When other people seek justice, aka straight people, they get painted in these glowy victimhood/sainthood kind of ways. She got beat up and she's seeking justice and that makes her...silly? She's trying to use her Bravo exposure to help the gay community and make a statement about gay rights. So on the flip side, it doesn't matter what picture you use, at least her story is getting out there.

Posted at 10:14AM on Nov 18th 2007 by The Shrink

19. Peaches, grow up and shut up! Have you had your hair cut recently? yeah? then god hates you! Leveticus 19;19 thou shalt not round thy hair to the corners of thy head. Do you wear polyester cotton blends? Oh my gosh, you should hear what he says about those! Pls grow up you stupid stupid cow!

Posted at 8:29AM on Nov 18th 2007 by Anthony

20. The new testament is not applied to our society, we no longer stone unruly children to death, we do not follow the old testament, Jesus came along after then, If you follow the old testiment your jewish! Yet arrogant stupid "christian" people still use it to justify hate to homo's, you know just like they did racism back in the day. It's really just a case of bigots picking and choosing what suits them, and all they are is a distraction, a foolish, wanton, long distraction. If your so cocerned about gods word being adhered to, try do it yourself. IT IS IMPOSSIBLE TO LIVE A SIN FREE LIFE! All these fools quoting the bible should actually read it!

Posted at 9:01AM on Nov 18th 2007 by Anthony

21. Peaches should not be calling herself a christian, dumb bitch! She laughs out loud at hate and injustice? Yeah thats what jesus taught her, is it? Would she laugh out loud if a muslim or jew got beat on? Surely a being muslim or jewish is an abomination? Yet we find it in our hearts to forgive people of other religions. Is god not hoping that thugs hurt them? DONT justify your personal opinions with a holy book. If you aint down with the gays, dont say it stems from your religious beliefs. The bible says a lot, when you follow it word for word without sin, then judge. I'm a gay male, lesbians dont do it for me, but i dont hate them, i dont want to hurt them because of the way they have sex! REALIZE YOUR STUPIDITY!

Posted at 9:02AM on Nov 18th 2007 by Anthony

22. CRIMES of violence should be treated for the serious felonies they are - irregardless of the race/sex/status of the attackers or their victims!!! ENFORCE THE LAW!!!

Posted at 10:00AM on Nov 18th 2007 by Zyskandar A. Jaimot

23. i'M STILL DISGUSTED TMZ WONT SHOW HALF MY NOT SO DIPLOMATIC COMMENTS. AS THIS SITUATION IS DISGUSTING AND IS NOT BEING HELPED BY OTHER IGNORANT FORCES IN AMERICAN SOCIETY, SUCH AS THIS SITE. ANYONE ELSE NOTICE TMZ HAS A STRONG STRAIGHT WHITE STANCE ON..... WELL EVERYTHING? I WANT MY COMPLAINT RESPONDED TO PLEASE!

Posted at 7:51PM on Nov 20th 2007 by Anthony

24. hahahaha did u see Josie man.....talk about chicklets!!!!! maybe even a slot machine with that space.....i thing she even has a mullet.....hahaha time to grow up Josie......you dont here of hate crimes when someone calls a white person "cracker"......you want equal rights?.....u should lay off the liquor till u can control ur rage!!!! any mature 30 something yr old would have been like "listen to those kids" but u just want all the attention...well u got it and u look childish!!!!!!

Posted at 7:38PM on Dec 5th 2007 by JT

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