CHICAGO (CBS) — The former appeals court judge seeking a special prosecutor in the Jussie Smollett case has filed three new motions, in an effort to take her case to another new judge.
Retired Illinois appellate judge Sheila O’Brien has claimed it would be a conflict of interest for any Cook County judge to rule on her request for a special prosecutor to investigate why Cook County prosecutors dropped disorderly conduct charges against the “Empire” actor.
At a hearing last week, Judge Michael Toomin denied O’Brien’s request to move the case to a judge from outside the county, ruling O’Brien had not proved Cook County judges could not be impartial.
O’Brien also has requested subpoenas for Cook County State’s Attorney Kim Foxx and First Assistant State’s Attorney Joseph Magats, whom Foxx appointed to oversee the Smollett case after she had conversations with one of his relatives before he was charged with filing a false police report claiming he was the victim of a racist and homophobic attack.
Toomin had quashed O’Brien’s previous efforts to subpoena Foxx and Magats in the case, ruling they were premature.
The next hearing on O’Brien’s request for a special prosecutor has been scheduled for May 31.
Cook County Inspector General Patrick Blanchard is investigating Foxx’s handling of the case.