A judge on Friday denied a bid to dismiss the criminal case against Smollett.
An attorney for Smollett claimed the actor’s rights were being violated since he has already performed community service and given up a $10,000 bond under a previous deal with Cook County prosecutors to drop charges.
“A deal is a deal. That’s ancient principle,” attorney Nenye Uche said.
Judge James Linn disagreed, and noted that the Smollett case is now being led by a special prosecutor appointed by another judge.
Smollett told police in January 2019 that two masked men attacked him when he was in Chicago. He was charged weeks later with filing a false police report when it was determined he staged the attack and paid two brothers to help carry it out. Smollett hoped the resulting sympathy would promote his career.
That case, however, was surprisingly dropped by controversial Cook County prosecutor Kim Foxx.
The case was revived when a special prosecutor charged Smollett with disorderly conduct over the police reports. The actor has pleaded not guilty.