Will Jussie Smollett testify?: State’s Attorney Kim Foxx subpoenaed over handling of case 'Plagued with Irregularity'

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The prosecutor and 'Empire' actor have both been asked to produce documents in court to assure they have not been destroyed.

Chicago's top prosecutor, Kim Foxx, has been subpoenaed to appear in court in relation to her handling of the Jussie Smollett case. The Cook County State's Attorney has been summoned by retired appellate judge Sheila O’Brien, who is pushing for a special prosecutor to investigate the case against the Empire actor, reported The Chicago-Sun Times.

According to The Chicago Tribune, O’Brien also filed a “notice to appear” request in order to try and get Smollett to attend the hearing. Under Illinois state law, if a person fails to attend court after a notice to appear has been formally issued, a summons or warrant of arrest may be put out in their name.In January, Smollett alleged two masked men attacked him while yelling racial and homophobic slurs, poured bleach on him and tied a noose around his neck.

Foxx recused herself from Smollett’s case after it was revealed she was in contact with a member of the 36-year-old’s family while police still considered him a victim of a crime. She allegedly continued to discuss the case via text messages with Magats, including calling Smollett a “washed up celeb who lied to cops.”

In a statement released April 19, Foxx said she will not be commenting publicly on Smollett’s case until the conclusion of a review by the Cook County Office of the Independent Inspector General.

 

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