CHICAGO (AP) — A judge told Jussie Smollett’s attorneys he’s not changing his mind about appointing a special prosecutor in the case against the actor and that he won’t let another judge replace him.

The losses that Cook County Judge Michael Toomin handed the attorneys Wednesday mean Smollett may not be clear of criminal charges alleging he staged an attack in January in Chicago that he described as racist and homophobic. Prosecutors dropped the charges against him in March, but a special prosecutor could charge him again.

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Smollett’s attorneys have argued that Toomin should remove himself because he presumed Smollett guilty. Toomin said Wednesday that the special prosecutor’s opinion will be the only one that matters.

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Toomin decided in June to appoint a special prosecutor to examine the dismissal of the charges but hasn’t said who it will be.

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