Legal battle not yet over for Jussie Smollett as judge orders special prosecutor to consider re-charging the actor

Judge Michael Toomin looking into the handling of Jussie Smollett’s case has ruled that a special prosecutor be appointed and if necessary, charges are brought against the Empire actor again.

The decision was made on Friday, after months of legal battle and criticism of Cook County’s State Attorney, Kim Foxx’s handling of the case. Foxx had in March, dropped all 16 felony charges against Smollett and was allowed to go free after $10,000 bail payment and 16 hours of community service.

Image of Jussie Smollett

In a strongly worded rebuke of how she handled the case, Judge Toomin said that there were ‘unprecedented irregularities’ in it and that the public’s faith had to be restored in the justice system.

Foxx has been accused of misconduct and contact with Smollett’s family and representative in the early stages of the investigation.

In the 21-page decision on Friday, Judge Toomin said, “If reasonable grounds exist to further prosecute Smollett in the interest of justice, the special prosecutor may take such action.”