Jussie Smollett ‘fake attack’ case to be investigated by special prosecutor

A judge has appointed a special prosecutor to investigate the decision to dismiss all charges against Jussie Smollett.

The action, which was made today, will investigate the reasons as to why the Empire TV show actor walked away from charges, after he was accused of lying to the police by claiming he was the victim of a racist and homophobic attack in downtown Chicago in January.

Cook County Judge Michael Toomin suggested that the county’s state’s attorney, Kim Foxx, mishandled the case by appointing a top aide to oversee it after she recused herself.

Instead, Foxx turned the case over to her top deputy, Joseph Magats, who was named ‘acting’ state’s attorney. A few weeks later, Magats decided to drop all charges against the actor in exchange for the forfeiture of a $10,000 (£7,856) bond.

Toomin wrote in a statement: ‘There was and is no legally cognizable office of Acting State’s Attorney known to our statutes or to the common law. Its existence was only in the eye or the imagination of its creator, Kim Foxx. But, she was possessed of no authority, constitutionally or statutorily, to create that office.’

The judge’s decision potentially means that Smollett could once again be charged with filing a false report.

‘If reasonable grounds exist to further prosecute Smollett, in the interest of justice the special prosecutor may take such action as may be appropriate to effectuate that result,’ Toomin added.

As the news broke, the actor took to Instagram to announce that he felt ‘grateful’.

Sharing a baby picture, he wrote: ‘Grateful for LOVE. Grateful for y’all. Grateful for another year around the sun.’ #SummerSolstice #StillSmiling.’

This comes after the singer’s 911 call was released after his axe from Empire was confirmed.

Manager Frank Gatson made the calls around 40 minutes after Smollett returned to his apartment with a noose around his neck, according to the New York Post.

Earlier this year, Smollett claimed that he was beaten up by two men who poured chemicals on him while yelling offensive slurs at him.

The audio release comes as the actor’s work on Fox’s Empire was put on hold earlier this year, and he was removed from episodes after he was accused of faking the attack in order to gain leverage in a dispute over his contract.

However, all charges against him were later dropped amid claims his lawyers were contemplating a plea deal.

On the announcement, Smollett gave a statement outside court calling it ‘the worst time of his life.’ 

His character Jamal Lyon was last seen making American TV history as the first black, gay couple to get married on screen, disappearing off into the sunset to start his new life.

FOX Entertainment CEO Charlie Collier announced the upcoming season six will be the show’s last. 

Metro.co.uk has contacted Jussie’s for comment. 

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