The ruling got here Friday, together with the court docket’s determination rejecting the actor’s effort to take away the particular prosecutor within the case.
Smollett’s legal professionals argued in an emergency petition that Prepare dinner County Circuit Decide Michael Toomin overstepped his authority and misinterpreted the regulation when he ordered the appointment of a particular prosecutor.
The court docket didn’t clarify its determination to reject the arguments by Smollett’s legal professionals.
Smollett. 37, was initially accused by Prepare dinner County prosecutors of falsely reporting to police that the alleged phony attack was actual. Sixteen counts of disorderly conduct initially filed towards him had been dismissed and Toomin discovered Smollett’s first prosecution was invalid.
After one other investigation by particular prosecutor Dan Webb, six counts of the identical prices we filed towards Smollett, to which he pleaded not guilty final week.
Smollett, who’s black and homosexual, informed police that two masked males attacked him as he was strolling residence within the early hours of Jan. 29, 2019. He mentioned they made racist and homophobic insults, beat him and looped a noose round his neck earlier than fleeing, and that a minimum of one in every of his attackers was a white man who informed him he was in “MAGA country,” a reference to President Trump’s marketing campaign slogan, “Make America Great Again.”
Weeks later, police alleged Smollett paid two black associates to assist stage the assault as a result of he was sad along with his wage as an actor on “Empire,” a Fox sequence filmed in Chicago that follows a black household as they navigate the ups and downs of the recording business.
The buddies, brothers Abimbola “Abel” Osundairo and Olabinjo “Ola” Osundairo, could be the state’s star witnesses if Smollett’s case makes it to trial. The brothers are bodybuilders and aspiring actors whom Smollett knew from the “Empire” set and the gymnasium.
Smollett’s legal professional didn’t instantly return Fox Information’ request for remark.
The Related Press contributed to this report.