Before a decision on special prosecutor for Smollett, judge asked to recuse himself

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CHICAGO -- A hearing regarding the Jussie Smollett case was held in Chicago Thursday, but he was not there.

Cook County State's Attorney Kim Foxx had cleared him of the charges that he was facing after he reported a hate crime against himself in January. The decision was seen as controversial since Chicago police officials said the report was a hoax, and Smollett orchestrated the whole thing.

Former Appellate Court Judge Sheila O’Brien filed a petition to appoint a special prosecutor to investigate whether Foxx properly handled the Smollett case.

Before the court can even get to that issue, they first have to decide whether presiding Judge Leroy Martin Sr. should be the judge to hear the case. His son has been an assistant state’s attorney in juvenile court for a year. Foxx hired him and is his boss.

O’Brien argues Judge Martin shouldn’t hear the case, and that he should recuse himself because the voters need to know he is fair and impartial. O’Brien said "you will have to decide whether your son’s boss is telling the truth." She then suggested he take the high ground instead and recuse himself.

To that, Judge Martin simply said, "Wow.” Judge Martin says he hears cases all the time that involve the state’s attorney’s office.

O’Brien says this case is different because Foxx could be called as a witness and questioned on whether she told the truth.

No decisions were made at this hearing. They will all return next week.

The judge will decide whether to recuse himself in this case and whether to appoint a different judge who is not from Cook County.

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