New Conflict Of Interest In Investigation Of Kim Foxx's Handling Of Smollett

The judge tasked with determining if a special prosecutor should investigate Kim Foxx has a son who works in her office.

Chicago, IL – The judge who will determine whether a special prosecutor should be appointed to investigate the handling of former “Empire” star Jussie Smollett’s case has a son who works for Cook County State’s Attorney Kim Foxx.

Retired Appellate Judge Sheila O’Brien filed a petition on Thursday asking Cook County Judge Leroy Martin Jr. to recuse himself and assign the case to a judge outside the county, FOX News reported.

“You're going to be deciding whether [Foxx], your son's boss, is telling the truth," O'Brien told Martin.

The judge’s son, Leroy Martin III, was hired by the Cook County State’s Attorney’s Office in April of 2018 and has worked for Foxx for more than a year, FOX News reported.

Martin said he would consider whether to recuse himself and scheduled a hearing for May 10.

O’Brien’s petition called out Foxx’s non-recusal of herself from the Smollett case, when she announced publicly that she was stepping aside because she had been helping the actor’s family, but then never “formally” recused herself or sent the case to another jurisdiction.

The petition said Foxx’s comments and actions produced "a perception that justice was not served here, that Mr. Smollett received special treatment," FOX News reported.

This is only the latest ethical dilemma to challenge the beleaguered Cook County state’s attorney.

Foxx has been under fire since her office announced it was dropping all 16 felony charges against Smollett in March.

As a result of the dismissed charges, Foxx found herself in the hot seat with the Chicago mayor, the police chief, and the President of the United States, who has called for a federal investigation.

Her office has been in a scramble trying to prove that the disposition of Smollett’s case was in line with similar cases that went through her office.

Two of Foxx’s top deputies have tendered their resignations, and will be leaving the prosecutor’s office in early May.

In April, she was forced to recuse herself from the case of a man charged with battery on a peace officer after she appeared on Facebook in a selfie with the defendant.

Then Cook County Judge Marc Martin called out the state’s attorney for giving special treatment to celebrities after Foxx’s office aggressively prosecuted another defendant charged with one felony count for filing a false police report after the same attorneys let Smollett go after he was indicted on 16 felony counts by a grand jury.

Initially, Foxx said she would welcome an independent investigation of her office’s handling of the Smollett case, but on Tuesday, she changed her tune dramatically and filed a motion opposing O’Brien’s call for a special prosecutor, FOX News reported.

She has asked that subpoenas for herself and Joseph Magats, the prosecutor she tasked with the Smollett case, be quashed, and that O’Brien be prohibited from issuing any more subpoenas in the matter.

Smollett was arrested on Feb. 21 for staging a hoax attack on himself in Chicago.

Chicago police have said they believe Smollett lied when he told police he was jumped by two masked men as he was walking home from a Subway restaurant in his Streeterville neighborhood in the early hours of Jan. 29.

He said the men beat him, and hurled racist and homophobic slurs at him.

Smollett told police that the men threw an unknown substance on him and put a noose around his neck before they ran off.

His manager told police that he was on the phone with his client at the time of the attack and heard Smollett’s attackers say “This is MAGA country” while they were assaulting the actor, NBC News reported.

Chicago Police Superintendent Eddie Johnson explained at a press conference the day of Smollett’s arrest that that police considered the actor a victim up until Ola and Abel Osundairo returned from Nigeria to Chicago and were taken into police custody, and then the investigation “spun in a totally different direction.”

“We gave him the benefit of the doubt up until that 47th hour. But when we discovered the actual motive, quite frankly, it pissed everybody off,” he explained.

He said the brothers told police that Smollett paid them $3,500 to stage the attack, with another $500 after they returned from a planned trip to Nigeria.

“We have the check that he used to pay them,” Superintendent Johnson said.

He said police have obtained phone records that “clearly indicate” Smollett and the Osundairo brothers talked to each other quite a bit before and after the staged attack, as well as while the brothers were out of the country.

Superintendent Johnson also said that Smollett had beaten himself up before he went to the hospital.

“The brothers had on gloves during the staged attacked where they punched him a little bit. But as far as we can tell, the scratches and bruising that you saw on his face was most likely self-inflicted,” the superintendent explained.

He said that he believed the actor wanted the faked attack caught on camera, but the particular camera he chose to perform in front of wasn’t pointed the right direction.

The superintendent said chasing down bogus leads “put out in the universe” by the media wasted a lot of the police’s time during the investigation.

The Cook County State’s Attorney’s Office announced on March 8 that Smollett had been indicted by a grand jury on 16 felony counts of disorderly conduct.

But then on March 26, the State’s Attorney’s Office unceremoniously announced all charges against the “Empire” actor had been dropped.

The city of Chicago has since sued Smollett for the cost of the overtime the police department incurred while investigating the hoax.

Comments (19)
No. 1-17
Daughter
Daughter

If that’s what she thought I don’t know how she ever got to be a lawyer OR JUST PLAIN CORRUPT SHE SHOULD LOSE HER LICENSE😡😡😡😡😡😡❤️🤪🤪🤪🤪🤪🤪

Bstn
Bstn

2 things...1...Foxx is corrupt, its obvious and she should be remived from her position, talk about an embarassment for this County! 2nd..If this was a white actor claiming 2 black guys did this to him & yelled Obama country, this prosecutor would have thrown the book at him, even if she was currently helping the actors family!!

Justice4us
Justice4us

Chicago, not cook county anymore but crook county. Send in the "Untouchables" again.

asillyrabbit551
asillyrabbit551

Chicago politics at its finest. Corruption in the highest office of law. She should be disbarred and convicted.

pat901$aol.com
pat901$aol.com

Good-Bye Little Kimmy

LEO0301
LEO0301

I hope this isn't a matter that just fades with time, like so often happens with people in positions of power. It's obvious to everyone but Lowest that she is corrupt.

THEDUKE
THEDUKE

"This is only the latest ethical dilemma to challenge the beleaguered Cook County state’s attorney."

"Ethical dilemma"??? that's putting it too mildly.....No, its way beyond that. It involves abuse of power, corruption, racial bias, extremely poor judgement, acting above the law, extreme arrogance, a poor representative of her office/level of government, and losing all credibility with the public. She should be thrown out asap and criminally charged.

Gramercy
Gramercy

Definitely RECUSE! Get this heard outside of COOK COUNTY...I am not sure there is anything BUT corruption in COOK!

investigator
investigator

And on and on and on it goes.........

bluknight
bluknight

I am SHOCKED, SHOCKED, I tell you!

CharlesC.
CharlesC.

How many ways does it have to be shown that this woman not only lied about recusing herself from this case? The question people should be asking is when she is found to be lying officially, will she be charged with conspiring to commit a hate crime along with him? Yes, charges on the state side were dropped and he cant be charged again in a state court, but a hate crime is federal and since he mailed himself a letter containing language that is considered under federal law as a hate crime, he can be charged under federal law and if its found she helped him to get away with it, she is a co-conspirator after the fact. She should be fired, stripped of her law license and thrown in jail. The bad thing now though is a good lawyer can convince a judge now that every case she has ever worked on was tainted and alot of people can be released because of her actions. And this judge, he's going to consider ? Seems to me that the feds need to be looking into more then just her crooked actions.

Dingi.
Dingi.

Don't TRUST CROOKED CURRUPT DA Kim Foxx!

More than LIKELY she knows* are Friends becuase of the Judge son* she talked and set this judge as her personal PLOY tactic.

THE presiding judge should be smart ENOUGH Not to get involved becuase it will be seen as self interest and a cover up to help Kim, then the City, state of Illinois will have him and his son head on the chop block*!. Deal fair the people, tax payers need justice not a BRIBED BOUGHT CURRUPT JUDGE! WITH NO INTEGRITY OR NO TRUTHFULNESS.

JESSIE AND KIM ARE CRIMMINALS*!

CPRRUPTION IN HIGH OFFICE!

I don't TRUST DIRTY CURRUPT CROOK COUNTY DA Kim Foxx. The two WHAT A DISGRACE TO AMERICA .

checksix
checksix

She'll get a position with the Obama Foundation.

TexasStrong
TexasStrong

There is no end to the corruption in Chicago. Law-abiding citizens should desert the city and leave it in the hands of these immoral politicians. I feel sorry for the good people who work in law enforcement and all first responders.

5150
5150

I can not get over how fugly that bitch is !

alicefae
alicefae

Do you really think she’s intelligent enough to know how out of line she is? I don’t. I think she’s dumb as a rock. I cannot imagine how she was placed in that position. Unless, it was as a show of how terribly diverse the city is.

THEDUKE
THEDUKE

well Jussie "Smell it" and Kim Foxx ........this stinks.

and the bell tolls for thee.