Kim Foxx Subpoenaed for Hearing on Jussie Smollett Case
Cook County state’s attorney called to appear before special prosecutor
Cook County State’s Attorney Kim Foxx has been subpoenaed to appear before special prosecutor's hearing on the Jussie Smollett case, according to reports.
A lawyer seeking the appointment of a special prosecutor to investigate the handling of the Jussie Smollett prosecution issued the subpoena to Foxx and her top deputy on Friday to testify at the first court hearing on the matter.
On Thursday, a former appellate judge, Sheila O’Brien, also filed a “notice to appear” in an attempt to get disgraced "Empire" actor Smollett to attend the hearing as well.
O’Brien requested that Smollett, along with Foxx and her top deputy, Joseph Magats, produce their original documents on the case to prove “that they have not been altered or destroyed,” court documents reveal.
The move triggered a firestorm of criticism and calls for Foxx’s resignation by the Chicago Fraternal Order of Police.
Police Superintendent ‘Furious’ After Smollett's Charges Dropped— Neon Nettle (@NeonNettle) March 26, 2019
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Just weeks earlier, the “Empire” actor, who is African-American and openly gay, had been indicted on 16 counts of disorderly conduct alleging he staged a racial and homophobic attack on himself.
O’Brien, saying she had no agenda “other than seeking the truth and restoring public confidence” in Foxx’s office and Cook County courts, filed a petition earlier this month seeking the appointment of a special prosecutor to investigate how Foxx’s office handled Smollett’s prosecution.
Her petition said that Foxx’s actions created “an appearance of impropriety, a perception that justice was not served here, that Mr. Smollett received special treatment.”
Smollett’s attorneys have objected to the petition, saying in a filing last week that special prosecutors may be appointed only if cases are still pending.
In addition, they noted that a special prosecutor would duplicate the efforts of the county inspector general’s office, which already is conducting a review of the prosecution.
O’Brien’s petition came on the heels of a similar filing from attorney Saani Mohammed, who worked as a Cook County prosecutor for a few months before leaving last month to start his own practice.
Hearings on both petitions are slated for Thursday before LeRoy Martin Jr., presiding judge of the Circuit Court’s Criminal Division.
O’Brien also is asking that a judge from outside Cook County, not Martin, decide her request for a special prosecutor.