re: Breaking: Special Prosecutor assigned to Jussie Case

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Judge Michael Toomin ruled that State’s Attorney Kim Foxx had the right to withdraw from the prosecution but could not legally appoint her top deputy to handle the case in her place.

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The special prosecutor could end up charging Smollett, Toomin said, and if the investigation uncovers suspicion of wrongdoing by others, additional charges could be brought, Toomin said.

Toomin made the decision even though the county’s inspector general’s office is already investigating the decision by State’s Attorney Kim Foxx’s office to look into the controversy.

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Former state appellate Judge Sheila O’Brien has spearheaded the effort for a special prosecutor, arguing that State’s Attorney Kim Foxx’s actions created “a perception that justice was not served here, that Mr. Smollett received special treatment.”

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