A judge refused Friday to release the full report on how an Illinois prosecutor handled the case against former actor Jussie Smollett, who is accused of staging a racist, homophobic attack against himself.
Cook County Circuit Judge Michael Toomin determined that much of the material compiled by special prosecutor Dan Webb on the actions of State’s Attorney Kim Foxx is similar to what has already been widely published in the case. Webb’s report includes grand jury material, which can’t be released without a judge’s consent.
In his report released earlier this month, Webb criticized Foxx and her staff for how they decided last year to toss charges against Smollett and how they explained the move as public outrage grew. Webb said that while no criminal charges were warranted against any of Foxx’s staff, his office will report potential violations of legal ethics in the handling of Smollett’s investigation to Illinois’ attorney disciplinary board.
Webb and Ruben Castillo, the former federal judge who is representing the Cook County state’s attorney’s office, declined to comment on the judge’s ruling. However, former Judge Sheila O’Brien, whose petition for a special prosecutor sparked Webb’s appointment last year, said she wanted to read the entire report. She added that as special prosecutor, Webb could rewrite or amend the report and release it on his own.