Judge denies motion to reconsider appointing special prosecutor in Jussie Smollett case

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CHICAGO —A judge denied a motion Wednesday to reconsider appointing a special prosecutor to look into how the Jussie Smollett case was handled.

Smollett’s attorney Tina Glandian said she was surprised by the courtroom loss. It means Judge Michael Toomin will proceed in looking for a special prosecutor to look into the handling of the Smollett case by Cook County State’s Attorney Kim Foxx.

Glandian appeared confident heading into court Wednesday, and so did retired Judge Sheila O'Brien who was behind the push to get a special prosecutor on the case.

The former "Empire" actor was not in court as his attorneys sought to get a new judge to hear their motions, and also to allow Smollett's legal team to intervene in the review.

Foxx had recused herself, and then her office eventually dismissed 16 felony counts against Smollett.

Both motions were denied Wednesday, with Judge Toomin citing insufficient evidence in Glandian’s affidavit.

Smollett’s team contends their side should be allowed involvement. They claim he is was set up by the only witnesses to the alleged attack, the Osundairo brothers.

Judge Toomin has been in the process of selecting a special prosecutor, and there is no time line. That person will lead the review which could lead to new charges against Smollett.

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