A judge denied a motion Wednesday to reconsider appointing a special prosecutor to look into how the Jussie Smollett case was handled.

Smollett’s attorney Tina Glandian said she was surprised by the courtroom loss. It means Judge Michael Toomin will proceed in looking for a special prosecutor to look into the handling of the Smollett case by Cook County State’s Attorney Kim Foxx.

Glandian appeared confident heading into court Wednesday, and so did retired Judge Sheila O’Brien who was behind the push to get a special prosecutor on the case.

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