Special prosecutor is assigned to investigate Kim Foxx’s handling of the Jussie Smollett case

A Chicago judge determined that a special prosecutor would be assigned to examine Cook County State's Attorney Kim Foxx's management of the Jussie Smollett case that ended in all 16 of his grand jury charges dismissed by her office for his part in an alleged fake hate crime.

Kia Morgan-Smith

Jun 21, 2019

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A Chicago judge determined that a special prosecutor would be assigned to examine Cook County State’s Attorney Kim Foxx’s management of the Jussie Smollett case that ended in all 16 of his grand jury charges dismissed by her office for his part in an alleged fake hate crime.

After an outcry by state officials including then Mayor Rahm Emanuel and the police superintendent Eddie Johnson who both took Foxx to task for failing to bring Smollett to trial, there was a call to enlist a special prosecutor to further investigate the case and her handling of it.

On Friday, Cook County Circuit Court Judge Michael Toomin agreed that the case needed to be scrutinized and said “the integrity of our criminal justice system” is at stake, NBC News reports.

“The unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public’s confidence in the integrity of our criminal justice system,” Toomin, wrote.

Sheila O’Brien has been named as the special prosecutor to explore how and why the Empire star avoided prosecution after he claims he was victimized in a late-night racist and homophobic attack.

O’Brien is a former appellate judge.

“It’s very thorough and it’s very complete,” O’Brien said. “Well get the truth, the whole truth, under oath.”

The dismissal of the case caused widespread concern over the integrity of the office after it was reported that Foxx had entertained calls from Smollett’s high-powered family and friends after a grand jury indicted him.

Smollett was charged with making a false report that he was attack in January and two body-building brothers initially said they helped him stage the attack. Smollett was arrested in February and faced a substantial amount of charges.

The brothers were cooperating witnesses and weren’t arrested. However, in March, Foxx’s office decided against moving forward with prosecuting Smollett.

That decision is what many people want examined. Although Foxx ultimately recused herself from the case, it is believed she still had a heavy hand in getting Smollett off the hook.

Toomin said she should not have appointed First Assistant State’s Attorney Joseph Magats in her place to take charge of the case. An independent prosecutor should have been tapped, Toomin said.

“Yet for reasons undisclosed even to this day, Foxx instead chose to detour from the mandated course, instead appointing Mr. Magats as `the acting State’s Attorney for this mater,’ ” Toomin wrote.

Toomin tore into Foxx for making that decision.

“There was and is no legally cognizable office of Acting State’s Attorney known in our statutes or to common law,” Toomin ruled. “Its existence was only in the eye or imagination of its creator, Kim Foxx.”