After new charges were brought from the actor in mid-February, his lawyers filed an emergency motion with the Illinois Supreme Court, The Chicago Tribune reported, asserting”that Cook County Judge Michael Toomin overstepped his jurisdiction and misinterpreted the law when he ordered the appointment of a special prosecutor at Smollett’s case last year.”
Smollett’s lawyers contended in their submitting”the particular statute Toomin mentioned to appoint a special prosecutor can only be invoked if the nation’s attorney filed a formal request for recusal — that Cook County State’s Attorney Kim Foxx never did,” the Tribune continued.
Foxx stepped down from prosecuting Smollett also it was discovered later that she agreed to attempt to get the charges dropped against Smollett. After she stepped down — but didn’t eliminate her team from the situation and instead made her top deputy to run the analysis — Toomin said the prosecution became invalid. The judge claimed that Foxx did not possess the ability to name her successor.
“[If] there, in reality, had been a flaw in the jurisdiction to violate Mr. Smollett, the one person who may properly challenge the validity of the event could be Mr. Smollett — and he has not done so,” his attorneys wrote in the motion.
His attorneys went on to need the order that appointed the special prosecutor be thrown out and all charges against the actor be vacated.
The Illinois Supreme Court denied the motion. Smollett’s next hearing will be on March 18, as previously scheduled. He pleaded not guilty to the charges.
On February 11, a Cook County grand jury indicted Smollett on”six counts of disorderly conduct alleging he orchestrated the racist and homophobic assault on a frigid night in downtown Chicago,” the Tribune reported. The allegations mirrored those originally brought against the celebrity this past year after it was discovered he made a hate crime against himself.
Smollett maintained on January 29, 2019, he was assaulted by two white guys wearing”Make America Great Again” hats around 2: 00 a.m. through a polar vortex in Chicago. Smollett claimed the men shouted racial and homophobic slurs at him as they beat him, tied a noose around his neck, and poured bleach on him (they had been seemingly carrying these items just randomly while out the night and somehow recognized Smollett). The men allegedly yelled”That is MAGA nation” before they left.
Smollett, according to surveillance footage, revealed up to his buddy’s apartment in Chicago with the noose still around his neck and carrying his sandwich from Subway, which wasn’t damaged in the violent altercation. He was wearing the noose when police came.