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Illinois Supreme court Rejects Jussie Smollett's Request To Dismiss New Charges

Gettyimages | Nuccio DiNuzzo
By Shadress Denise

Jussie Smollett can’t seem to catch a break these days. The former ’Empire’ star’s recent run-ins with the Illinois court system doesn’t seem to be coming to an end anytime soon. The 37-year-old’s request to have the new indictments filed against him by the newly appointed special prosecutor have been denied.

Along with his request to have the recent charges thrown out, Smollett attempted to have the special prosecutor removed has well. The ruling for both requests were passed on Friday.

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According to Fox News, Smollett’s lawyers argued in an emergency petition that Cook County Circuit Judge Michael Toomin overstepping his authority—misinterpreting the law when he ordered the appointment of a special prosecutor.

In addition to that, Smollett's lawyers stated the actor's new charges were violation of the Double Jeopardy clause.

The actor’s lawyers insist the actor is being subjected to additional punishment after the original indictments had been dismissed by State’s Attorney, Kim Foxx. At this time, the court documents have not indicated to his lawyers why they ruled against Smollett.

The actor has spent the better part of 2019 in court fighting the charges that derived from his claim he was allegedly attacked by two racist, homophobic men sporting MAGA paraphernalia. The claim that was investigated and proved false by Chicago Police Department.

Gettyimages | Nuccio DiNuzzo

Almost two weeks ago, Smollett appeared in court to enter a not guilty plea for the six new charges filed against him by Dan Webb, the newly appointed special prosecutor.

During the early hours of January 29, 2019, while in Chicago filming, Smollett alleged he was attacked by two people in the early hours of the morning.

The actor claimed the attack occurred while he was out trying to get something to eat from a nearby Subway.

According to police, Smollett stated he was beat up by two people who were shouting racial and homophobic slurs" and "poured an unknown chemical substance on him.

Gettyimages | Joshua Lott

Other claims that one of the attackers were white are what fueled the hate crime narrative. Smollett also claimed one of the alleged attackers also put a rope around his neck and yelling out “Make America Great Again” before fleeing.

After being seen spotted with the alleged attackers, Chicago PD concluded the incident never occurred—and a month later—sixteen different felony charges ranging from disorderly conduct to falsifying a police report—were filed against Smollett in Cook County Courthouse.

An anonymous tip by a source and further investigation alluded to the conclusion Smollett was in cahoots with the alleged attackers and the entire hate crime was a rouse planned out by the actor.

Gettyimages | Nuccio DiNuzzo

As the investigation played out in the public, police stated Smollett allegedly paid two brothers $3,500 to carry out the staged attack. Text messages along with video surveillance evidence emerged of the brothers communicating with Smollett days before the alleged attack.

In March 2019, the original indictments were dropped and people, including Smollett thought the case was put to rest. However, that proved to be untrue when a second investigation ensued—reopening the case—once it was discovered the special prosecutor was not appointed correctly.

On February 11, Smollett’s case was reopened and according to special prosecutor, Dan Webb, “further prosecution of Jussie Smollett is 'in the interest of justice.'"

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