Conflict Of Interest Problems Could Impact Foxx Hearing On Thursday
CHICAGO (CBS) -- The Jussie Smollett case is causing more courtroom drama.
Only on 2, questions about another potential conflict of interest involving Cook County State's Attorney Kim Foxx.
That conflict of interest between a judge and Foxx's office.
CBS 2's Charlie De Mar has the details.
The Honorable Leroy Martin Jr. could determine if a special prosecutor will be assigned to probe Kim Foxx's handling of the Jussie Smollet case. And that potential conflict in question is the judge's son who works in Kim Foxx's office.
Retired judge Sheila O'Brien filed several petitions. The first asking for a special prosecutor to be appointed to review Foxx's handling of the Jussie Smollett case.
O'Brien writes that she...
"Does not know Kim Foxx, the State's Attorney of Cook County and has no vendetta against her or the State's Attorney's office."
The actor accused of staging his own racist and homophobic attack, lying to police about it, then just weeks later, charges were dropped by Foxx's office in a surprise hearing.
On Tuesday, Foxx firing back with petitions of her own, saying she has already invited the Office of the Inspector General to review her actions in the Smollett case and a special prosecutor wouldn't be needed because there is "no actual conflict of interest."
The issue is set to be heard Thursday in front of the Honorable Leroy Martin Jr., the presiding judge of the Cook County Criminal Division. His son, Leroy Martin III is an Assistant State's Attorney, working under Kim Foxx since 2018. His LinkedIn reflects it.
Separate from the potential conflict between Judge Martin, his son and Foxx, O'Brien has already asked for a judge outside of Cook County to determine if a special prosecutor is to be appointed.
CBS 2 asked the spokesperson for the chief judge if this presents any type of conflict that may require a substitute judge. He referred CBS 2 to the Illinois Supreme Court rule that says a judge shouldn't comment publicly on pending or impending litigation.
Essentially a no comment.
Also in all this, Jussie Smollett was subpoenaed and is supposed to appear in court Thursday. His attorneys filed paperwork asking that Smollett not be required to be there.