Jussie Smollett May Still Be Prosecuted For Allegedly Faking Hate Crime Attack

Jussie Smollett’s legal woes may not be over just yet.

Chicago Judge Michael Toomin has ruled in favor of a special prosecutor to conduct an independent investigation into Cook County state’s attorney Kim Foxx’s handling of the “Empire” star’s case, and if reasonable grounds exist to further prosecute Smollett, the special prosecutor can take such action.

“The unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public’s confidence in the integrity of our criminal justice system,” Toomin wrote.

WATCH: Jussie Smollett Sued By The City Of Chicago For Investigation Costs

Actor Jussie Smollett (C) leaves Leighton Criminal Courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama “Empire.” (Photo by Nuccio DiNuzzo/Getty Images)

State’s Attorney Kim Foxx released a statement following the ruling. “I respectfully disagree with the court’s conclusion that, in the absence of any conflict, the appointment of a special prosecutor is required,” she wrote in part. “As always, I remain committed to transparency, justice and the public safety of the communities we serve.”

The latest development follows the April petition filed by retired judge Sheila O’Brien seeking an independent probe to review how Foxx and her staff reached the controversial decision to drop all charges of disorderly conduct against Smollett, who allegedly filing a false police report claiming he was the victim of a racist and homophobic hate crime in January.

WATCH: Why Were Jussie Smollett’s 16 Charges Dropped?

Smollett has maintained his innocence, despite being arrested in February for allegedly staging the attack. The actor, 36, was later indicted by a grand jury on 16 counts of felony disorderly conduct before Foxx’s office dropped the charges just weeks later.

At the time, then-Chicago mayor Rahm Emanuel blasted the decision. “This is without a doubt, a whitewash of justice and sends a clear message that if you are in a position of influence and power you’ll get treated one way, other people will be treated another way.”

— Gabi Duncan