Special prosecutor to examine Jussie Smollett case in Chicago

Special prosecutor to examine Jussie Smollett case in Chicago

A judge in IL is calling for a special prosecutor to look into how prosecutors handled the Jussie Smollett case - which began with the Empire actor reporting a hate crime, then saw him arrested for allegedly faking the incident, and finally having all charges dropped.

Further communications turned over last month include texts from Foxx saying she was advised to recuse herself only because of false rumors she was related to Smollett.

Cook county judge Michael Toomin suggested that the county's state's attorney, Kim Foxx, mishandled the Smollett case by appointing a top aide to oversee it after she recused herself.

Trump, Rahm Emanuel, Chicago's mayor at the time; and the city's police superintendent criticized the decision by State's Attorney Kim Foxx's office to drop charges.

The Chicago Police Department released hundreds of documents surrounding the case earlier this year; filing a lawsuit against Smollett to recoup costs associated with lengthy investigation. But Judge Toomin has now ruled that, because Magats' conclusions there came after his "fictitious" appointment, the dismissal may not necessarily be the best decision going forward - and Smollett could eventually face new charges, if the special prosecutor determines that to be necessary.

The judge said he will first ask the Illinois Attorney General's office and the state's appellate prosecutor's office to handle the case, then reach out to other county state's attorneys for volunteers, reports CBS Chicago.

In addition to this special prosecutor, the Cook County's office of inspector general is already investigating the handling of this case, and has been since April.

Foxx said there's been a lot of confusion about the case - and that it was never very likely Smollett would have gotten a prison sentence if he were convicted. That is what happened in the case of former Chicago police officer Jason Van Dyke, who was charged with murder in the 2014 shooting death of a black teenager, Laquan McDonald. "She appointed (her top assistant) to an office, to an entity, that has no legal existence.There isn't an office of the 'acting state's attorney.' It existed only.in the imagination of Ms. Foxx". McMahon won a second-degree murder conviction against Van Dyke. But once investigators concluded he had fabricated the story and hired two men to beat him up, he was slammed with a 16-count indictment.

Foxx's office dropped all charges against Smollett at an unannounced court hearing in late March, less than three weeks after he was charged with staging an attack on himself. And he will not return to his role on the Fox series "Empire".

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