FILE - In this March 26, 2019 file photo, actor Jussie Smollett smiles and waves to supporters before leaving Cook County Court after his charges were dropped in Chicago. Smollett's publicist, Hilary Rosen, says the actor will not attend a hearing on whether a special prosecutor will be appointed to investigate prosecutors' dismissal of charges against him. Smollett was charged with felony disorderly conduct over allegations he staged a racist and anti-gay attack on himself in January in downtown Chicago. (AP Photo/Paul Beaty, File)

Judge transferring decision on Smollett special prosecutor

By The Associated Press May 10, 2019 at 10:14am

CHICAGO (AP) — A judge in Chicago says another judge will decide if a special prosecutor is needed to investigate why the state prosecutor’s office dropped charges accusing Jussie Smollett of staging a racist, anti-gay attack against himself.

Judge LeRoy Martin Jr. insisted Friday he was merely transferring the matter, not recusing himself.

Former Illinois appellate Judge Sheila O’Brien had asked for a special prosecutor to examine why the office of Cook County State’s Attorney Kim Foxx dropped charges against the “Empire” star.

O’Brien asked Martin last week to recuse himself because his son is a prosecutor in Foxx’ office. Prosecutors opposed Martin’s recusal, saying it wasn’t necessary and would set a bad precedent.

The Chicago Tribune cites Martin as saying “the appearance of justice is important” and so the transfer was “prudent.”

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Information from: Chicago Tribune, http://www.chicagotribune.com

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