CHICAGO (1010 WINS/AP) — A judge in Chicago says another judge will decide if a special prosecutor is needed to investigate why the state prosecutor's office dropped charges accusing Jussie Smollett of staging a racist, anti-gay attack against himself.
Judge LeRoy Martin Jr. insisted Friday he was merely transferring the matter, not recusing himself.
Former Illinois appellate Judge Sheila O'Brien had asked for a special prosecutor to examine why the office of Cook County State's Attorney Kim Foxx dropped charges against the "Empire" star.
O'Brien asked Martin last week to recuse himself because his son is a prosecutor in Foxx' office. Prosecutors opposed Martin's recusal, saying it wasn't necessary and would set a bad precedent.
Daniel R. Alonso, a former chief assistant district attorney in Manhattan and the managing director of consultancy firm Exiger, who is not affiliated with the case, told 1010 WINS, "Even though Judge Martin says he is merely transferring the case but not recusing, it sure sounds like a recusal to me."
Alonso added, "That said, because the judge’s impartiality could reasonably be questioned because his son is an assistant state’s attorney, it was the right way to go."
The Chicago Tribune cites Martin as saying "the appearance of justice is important" and so the transfer was "prudent."