Special prosecutor appointed in Smollett probe to investigate dropped charges

Special prosecutor appointed in Smollett probe to investigate dropped charges

Special prosecutor appointed in Smollett probe to investigate dropped charges

On Friday morning, a judge in Cook County ruled that a special prosecutor must be appointed to investigate Foxx's handling of the Smollett investigation, according to news reports coming out of Chicago.

Judge Michael Toomin ruled that a special prosecutor could "further prosecute Smollett" if the office deems it "in the interest of justice", the Chicago Tribune reported.

Foxx had recused herself early in the case, after it was revealed that she had spoken with a Smollett family member and tried to intervene to get federal authorities to investigate. "County prosecutors oppose the move, saying a special prosecutor would duplicate the efforts of the county inspector general's office".

Toomin issued an order on Friday appointing the special prosecutor, Chicago police spokesman Anthony Guglielmi confirmed by phone.

"What causes concerns is that [Foxx] appointed [Magats] to an entity that had and has no legal existence". "There isn't an office of the 'acting state's attorney.' It existed only.in the imagination of Ms Foxx".

Police later charged Smollett with filing a false police report and accused him of paying $3,500 to two men to stage the attack to generate public sympathy.

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Former state appellate judge Sheila O'Brien petitioned for the appointment of a special prosecutor in April on the grounds that Foxx's decision not to charge Smollett, despite what police claimed was overwhelming evidence of his guilt, created "a perception that justice was not served here, that Mr. Smollett received special treatment".

Depending on the special prosecutor's findings, the disposition of Smollett's case could be nullified, Toomin said, citing the outcomes of similar inquiries.

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.

Using a metaphor to describe how the State's Attorney Kim Foxx erred in the case, the judge poetically stated that "there was no master on the bridge to guide the ship as it floundered through unchartered waters". If they decline, he must make the same request to elected state's attorneys throughout IL. McMahon won a second-degree murder conviction against Van Dyke.

Two Nigerian brothers who worked as extras on the show and claimed Smollett had paid them off.

Actor Jussie Smollett leaves court after charges against him were dropped by state prosecutors in Chicago, Illinois, U.S. March 26, 2019. If the office is unwilling to take the case, the request would then go to county prosecutors' offices around the state. And he will not return to his role on the Fox series "Empire".

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