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CHICAGO (AP) — Chicago’s top prosecutor has been subpoenaed to appear in court by a retired appellate judge who’s pushing for a special prosecutor to investigate the handling of the case against actor Jussie Smollett.

The Chicago Sun-Times reports that Sheila O’Brien also subpoenaed Cook County State’s Attorney Kim Foxx’s top deputy and requested that Smollett appear at a hearing on her request.

Foxx was harshly criticized when her office announced it was dropping charges against Smollett that accused the black, gay actor of staging a racist and anti-gay attack on himself in downtown Chicago.

Foxx has defended the decision to drop the charges and says she welcomes an independent investigation.

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