CHICAGO—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 on May 10 that he was merely transferring the matter, not recusing himself.
Judge LeRoy Martin Jr. is set to hear a petition filed by a former judge to appoint a special prosecutor to review Kim Foxx’s handling of the Jussie Smollett case.
— Charlie De Mar (@CharlieDeMar) May 1, 2019
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.
Judge LeRoy Martin Jr.–deciding on a special prosecutor in #kimfoxx #JussieSmollett fiasco–is same judge who gave a Chicago Fire Department Lt. his pension–after Lt. “Matches” Boyle was convicted on multiple arson counts. ” “Unsettling, nay repugnant.” https://t.co/MgcoOIu4ST
— John Kass (@John_Kass) May 4, 2019
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.”
Judge transferring decision on Smollett special prosecutor https://t.co/QYfMzGLXcY
— FOX 32 News (@fox32news) May 10, 2019