A Cook County decide on Friday ordered the shock appointment of a particular prosecutor to analyze the sudden dismissal of all costs towards Jussie Smollett, saying the short-lived prosecution might have been legally invalid from the start.
Judge Michael Toomin dominated that State’s Attorney Kim Foxx had the proper to withdraw herself from overseeing the prosecution of the onetime “Empire” actor however held no authorized authority to then delegate that accountability to her prime deputy.
With the deputy holding no actual authority, the Smollett case made its approach by way of the court docket system and not using a prosecutor on the helm, the veteran decide stated.
“There was no master on the bridge to guide the ship as it floundered through uncharted waters, and it ultimately lost its bearings,” Toomin wrote in the 21-page opinion. “… The unprecedented irregularities recognized on this case warrants the appointment of impartial counsel to revive the general public’s confidence within the integrity of our legal justice system.”
The choice marked a victory for Sheila O’Brien, a former state appellate decide who sought the particular prosecutor in largely a solo effort, and a political blow for Foxx, the first-term officeholder who’s searching for reelection subsequent 12 months.