'Empire' actor Jussie Smollett is fighting against the appointment of a special prosecutor for his criminal case in Chicago, reported TMZ.
Smollett's legal team had filed three motions on Friday to overturn the appointment of a special prosecutor claiming that it would expose the actor to double jeopardy.
According to the documents, Smollett is seeking to reverse the order issued last month by a Chicago judge who laid the groundwork for the actor possibly facing prosecution for allegedly faking the now infamous "attack."
The actor's attorney, Tina Glandian, takes issue with the judge's conclusion that Smollett is guilty of staging a hate crime. In the documents, the actor's legal team claims that Osundairo brothers attacked him, got caught and then shifted the blame on him.
According to the documents Smollett's attorney is telling that Abel and Ola Osundairo were motivated by homophobia, and she cites text messages from Ola degrading another man as a "fruit." His legal team is seeking grand jury testimony from the two brothers.
Jussie was reportedly attacked by a masked man on January 29. He also complained that the man yelled racial slurs.
However, Smollett was indicted on 16 felony counts by the city of Chicago after it was found that he orchestrated the attack.
But, the charges were dropped as he forfeited USD 10,000 and agreed to do some community service.
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