Judge to decide if he will consider request in Jussie Smollett case

CHICAGO, IL - MARCH 14: Actor Jussie Smollett (C) leaves Leighton Criminal Courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama "Empire." (Photo by Nuccio DiNuzzo/Getty Images)

CHICAGO — A judge is to rule next week on whether he will recuse himself from a request to appoint a special prosecutor to investigate how Chicago’s top prosecutor handled actor Jussie Smollett’s criminal case.

Retired Illinois appellate judge Sheila O’Brien is pushing for the review of Cook County State’s Attorney’s Kim Foxx’s office, which dropped charges against Smollett that accused him of making a false police report.

On Thursday, O’Brien asked Cook County Judge LeRoy Martin Jr. to recuse himself because his son works for Foxx as an assistant state’s attorney. Cathy McNeil Stein, who represented Foxx’s office, says there is no need for another judge. Martin says he will consider O’Brien’s request and announce his decision May 10.

Foxx and Smollett did not attend Thursday’s hearing.

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