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CrimeFormer judge files new motions pushing for special prosecutor in Jussie Smollett case

05:05  22 may  2019
05:05  22 may  2019 Source:   chicagotribune.com

Judge rejects request for judge outside Cook County to decide on special prosecutor for Jussie Smollett case

Judge rejects request for judge outside Cook County to decide on special prosecutor for Jussie Smollett case A Cook County judge on Friday swatted down a request that a judge from outside the county make the decision whether a special prosecutor should be appointed to investigate the abrupt dismissal of charges against "Empire" actor Jussie Smollett. During a long and sometimes testy hearing, Judge Michael Toomin rejected the request by Sheila O'Brien, a former state appellate judge, saying she had failed to show that Cook County judges would be too prejudiced to make the decision.

Sheila O'Brien says a special prosecutor must probe Cook County's handling of the case as new documents are released on the investigation; Ellison Barber reports from Chicago. 'The Five' reacts to Jussie Smollett 's special prosecutor - Продолжительность: 4:16 Fox News 361 867 просмотров.

Former judge files new motions in Jussie Smollett case CHICAGO -- A former judge who wants a special prosecutor appointed in the Jussie Smollett case is ba..

Former judge files new motions pushing for special prosecutor in Jussie Smollett case© Antonio Perez/Chicago Tribune/TNS Actor Jussie Smollett leaves the Leighton Criminal Court building, after all charges were dropped in his disorderly conduct case on March 26, 2019.

CHICAGO - A former appellate judge pushing for a special prosecutor in the Jussie Smollett case on Tuesday filed a flurry of paperwork, including a bid to block Cook County State's Attorney Kim Foxx from using any of her office's attorneys to represent her in the legal fight.

"Tax supported attorneys are to do the business of the people - not protect the State's Attorney in disobeying the law," Sheila O'Brien argued in the likely long-shot effort.

Judge Expected To Rule On Bid To Unseal Court Records In Jussie Smollett Case

Judge Expected To Rule On Bid To Unseal Court Records In Jussie Smollett Case A Cook County judge is expected to rule today whether to unseal any of the court documents in the Jussie Smollett case. The records were sealed after prosecutors dropped disorderly conduct charges against the “Empire” actor in March. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); CBS 2 and other media outlets have asked Judge Steven Watkins to unseal the files, arguing Smollett’s arrest already made news worldwide, and Cook County State’s Attorney Kim Foxx’s handling of the case has raised questions.

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

CHICAGO (AP) — A former judge who wants a special prosecutor appointed in the Jussie Smollett case is back in court with new motions to obtain her goal.

O'Brien, who wants a special prosecutor to look into the abrupt dismissal of charges alleging Smollett staged an attack on himself, also renewed her call for the matter to be transferred to a judge outside Cook County.

She also sought permission to depose Foxx and high-profile attorney Tina Tchen, who connected Foxx with one of Smollett's relatives in the early stages of the investigation. That communication was among the reasons Foxx said she withdrew herself from the matter before her office dismissed the charges against Smollett.

At a hearing last week, Judge Michael Toomin, appointed recently to make the decision on a special prosecutor, denied O'Brien's previous attempt to get the case moved to a different judge and quashed her subpoenas to Foxx and her top deputy.

Judge orders sealed court records in aborted Jussie Smollett prosecution made public

Judge orders sealed court records in aborted Jussie Smollett prosecution made public CHICAGO - A Cook County judge ordered the case file in the aborted prosecution of "Empire" actor Jussie Smollett unsealed Thursday in a victory for the Chicago Tribune and other news organizations. Smollett's attorney succeeded in sealing the court records at the same unannounced hearing in which State's Attorney Kim Foxx's office abruptly dropped all charges that the actor had staged an attack on himself. After news organizations sought to unseal the records, Smollett's legal team opposed the request, citing the actor's privacy rights.

CHICAGO - A former appellate judge pushing for a special prosecutor in the Jussie Smollett case on Tuesday filed a flurry of paperwork, including a bid to block Cook County State's Attorney Kim Foxx from using any of her office's attorneys to represent her in the legal fight.

A judge denied a motion Wednesday to reconsider appointing a special prosecutor to look into how the Jussie Smollett case was handled.

O'Brien sought the special prosecutor after Foxx faced fierce criticism over her office's dismissal of all charges against Smollett with little explanation less than a month after he was indicted on charges he staged an attack on himself.

The matter is slated for a hearing next week before Toomin, who got the case from Criminal Division Presiding Judge LeRoy Martin Jr. after O'Brien alleged it would be improper for Martin to hear the case since his son is a Cook County prosecutor.

O'Brien filed three motions Tuesday attempting to get the case before a different judge altogether. One filing points out that Toomin denied her effort to get the case before a non-Cook County judge, but years ago transferred a different high-profile case - the matter of David Koschman's death after a drunken confrontation with a nephew of then-Mayor Richard M. Daley - to a judge outside the county.

Japan trip: Trump accuses Jussie Smollett of hate crime against his supporters

Japan trip: Trump accuses Jussie Smollett of hate crime against his supporters President Donald Trump took time from his Japan state visit Sunday to slam actor Jussie Smollett for not apologizing to his supporters after his alleged staged attack. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); The gay black actor said in January that he'd been the victim of a hate-fueled attack in Chicago, but police announced weeks later that he had staged the attack.

Judge Orders Appointment of Special Prosecutor in Jussie Smollett Case , Additional Who is Sheila O’Brien, the retired judge pushing for a Jussie Smollett special prosecutor ? https The Saga Continues: Chicago Judge Orders Special Prosecutor Be Appointed in the Jussie Smollett

CHICAGO —A judge denied a motion Wednesday to reconsider appointing a special prosecutor to look into how the Jussie Smollett case was handled. The former "Empire" actor was not in court as his attorneys sought to get a new judge to hear their motions , and also to allow Smollett 's legal

O'Brien also formally requested Foxx and her top deputy, Joseph Magats, appear in court next week and produce their internal files.

She also wants next week's hearing delayed until later this summer, saying she needs time to gather evidence before a full hearing on the merits of her petition.

In her petition, O'Brien highlighted how Foxx recused herself early in the investigation after communicating with a Smollett relative - only to later claim that it was not a recusal "in the legal sense" that would have required the entire office to withdraw from the prosecution.

Communications later released to the Chicago Tribune showed Foxx had asked police Superintendent Eddie Johnson to turn over the investigation to the FBI after she was approached by Tchen, a former chief of staff to first lady Michelle Obama.

O'Brien alleged that Foxx's actions created "a perception that justice was not served here, that Mr. Smollett received special treatment."

Both county prosecutors and Smollett's attorneys have said the petition is legally flawed and that a special prosecutor would duplicate efforts already undertaken by Cook County Inspector General Patrick Blanchard. At Foxx's request, Blanchard agreed last month to investigate the office's handling of the short-lived Smollett prosecution.

Smollett, who is black and openly gay, found himself at the center of an international media firestorm after he reported in late January being the victim of an attack by two people shouting racist and homophobic slurs.

But after Chicago police investigated, Smollett was charged with 16 felony counts of disorderly conduct, charges that were ultimately dismissed after Smollett performed community service and agreed to forfeit his bond money to the city.

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Police were told deal was in works with Jussie Smollett.
Documents show that a month before charges were dropped against Jussie Smollett, detectives investigating the case were told by prosecutors that a deal with the "Empire" actor could include a $10,000 fine and community service. But the detectives did not pass the information to superiors. Smollett was charged with lying to police after claiming he was the victim of a January hate crime. Smollett never admitted guilt.

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