CHICAGO (CBS) — Lawyers for Jussie Smollett will not be allowed to call Cook County State’s Attorney Kim Foxx to the stand to testify in the actor’s trial.

The decision came from a Cook County judge on Thursday.

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Smollett was accused in January 2019 of staging a racist and homophobic attack against himself in Streeterville. He was charged with six counts of disorderly conduct.

Two months later, those charges were dropped by the Cook County State’s Attorney’s office, and Foxx has come under criticism for her handling of the case.

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A special prosecutor later was assigned to look into the entire case, after a judge found “unprecedented irregularities” in how Cook County State’s Attorney Kim Foxx handled the case, specifically by handing it over to her second-in-command after announcing she had recused herself.

In February 2020, a special Cook County grand jury returned a six-count indictment accusing Smollett of lying to Chicago Police.

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Smollett has pleaded not guilty to the new indictment.

CBS 2 Chicago Staff