CHICAGO (CBS) — A judge is expected to rule Friday on whether to appoint a special prosecutor to review how Cook County State’s Attorney Kim Foxx handled the Jussie Smollett case.
Foxx said she recused herself from the case after having conversations with one of Smollett’s relatives before he was charged with disorderly conduct for allegedly faking a hate crime against himself.
Foxx’s top deputy, First Assistant State’s Attorney Joseph Magats, took over the case, and prosecutors ended up dropping all charges a month after Smollett was arrested, after the “Empire” actor performed 16 hours of community service, and agreed to forfeit his $10,000 bail, but did not admit guilt.
Hundreds of emails and text messages later released by Foxx’s office showed two weeks before the charges were dropped, Foxx texted her staff, dismissing him as a “washed-up celeb who lied to cops,” and telling them he was being charged too harshly.
Critics have said, had Foxx truly recused herself of the case, it would have been handed over to a state’s attorney from a different county.
Retired appellate court judge Sheila O’Brien has requested a special prosecutor look into Foxx’s handling of the case.
Juvenile Court Presiding Judge Michael Toomin heard arguments on the request last month, and said he would rule on June 21.