CHICAGO - Judge Michael Toomin announced on Friday he will not publish the special prosecutor's full 60-page investigatory report on how the state's attorney, Kim Foxx, handled the Jussie Smollett case.
Last week, special prosecutor Dan Webb, who was tasked with the probe, ruled the office abused its discretion in the case against the actor but did nothing criminal.
Webb told Judge Toomin that he needed permission to release the full report because it contained confidential grand jury materials. Webb said the public needs to see the evidence he uncovered to "restore the public’s confidence" in criminal justice.
Cook County State's attorney Kim Foxx speaks with reporters and details the charges against R. Kelly's first court appearance at the Leighton Criminal Courthouse on February 23, 2019 in Chicago, Illinois. (Photo by Nuccio DiNuzzo/Getty Images)
Ruben Castillo, a former federal judge who is now representing Foxx, argued that the State's Attorney's Office should be allowed to review the materials privately and provide comments before it's presented to the public.
Castillo asked for five business days to review the special report. "We're not seeking to delay this in any way," he said.
In a statement on the conclusions of his investigation, Webb sharply criticized the handling of the Smollett case by Cook County State’s Attorney Kim Foxx and her assistant prosecutors, saying their handling was marked by disarray and misleading statements.
In March of last year, Foxx’s office surprised and angered many in Chicago by dropping charges that accused the former “Empire” star of staging a racist and homophobic attack against himself. Smollett is still adamant that the attack was real and not a publicity hoax.
More on Fox News.
This is a developing story; check back for updates.
Fox News' Julius Young contributed to this report.