Judge steps aside from decision on special prosecutor in Jussie Smollett case

CHICAGO, ILLINOIS - MARCH 26: Actor Jussie Smollett after his court appearance at Leighton Courthouse on March 26, 2019 in Chicago, Illinois. (Photo by Nuccio DiNuzzo/Getty Images)

CHICAGO — A Cook County judge has denied a motion to recuse himself from the latest aspect of the Jussie Smollett case.

However, Judge  LeRoy Martin Jr. said he will “transfer” the case to another judge in order to avoid the appearance of impropriety, as his son works for the Cook County State’s Attorney’s Office.

So, it will now be up to Judge Michael Toomin to decide whether a special prosecutor should investigate whether or not is was proper for Cook County State’s Attorney Kim Foxx’s office to drop the charges against the former “Empire” actor, who was accused of filing a false police report claiming he’d been the victim of a Chicago hate crime.

The next hearing is set for a week from Friday.

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