The mere mention of actor Jussie Smollett is enough to get many Americans’ blood pumping.
The Empire star was accused by Chicago Police last year of hoaxing a hate crime against himself, paying two extras from the set of the hit television show to do the deed. Law enforcement officials say that Smollett’s was motivated by money, believing that portraying himself as the victim of the vile crime would raise his profile in Hollywood, allowing him to garner more significant roles and paychecks.
Much to the surprise of the public, Smollett’s case was suspiciously dropped by a county prosecutor, allowing the actor to walk free. Chicago PD was livid at the developments and soon filed new charges, and are currently seeking $130,000 in damages from Smollett to cover the costs associated with the original investigation.
Smollett was attempting to have these new charges dropped, but a high court has now pushed back against those efforts.
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The state’s highest court has rejected actor Jussie Smollett’s attempt to throw out the new charges against him and remove the special prosecutor who brought them.
In an emergency motion to the Illinois Supreme Court, Smollett’s attorneys argued that Cook County Judge Michael Toomin overstepped his authority and misinterpreted the law when he ordered the appointment of a special prosecutor in Smollett’s case last year.
On Friday afternoon, the high court denied the request without explanation.
In their filing, Smollett’s attorneys argued that the particular statute Toomin cited to appoint a special prosecutor can only be invoked if the state’s attorney filed a formal petition for recusal — which Cook County State’s Attorney Kim Foxx never did.
Smollett originally claimed that two men appearing to be conservative attacked him with a noose, shouting racist and homophobic threats all the while.
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