Smollett was accused of falsely reporting what police say was a staged racist and anti-gay attack on himself in January in Chicago. The charges were dropped in March. Toomin set a May 31 hearing on the special prosecutor request. O'Brien said she might ask the Illinois Supreme Court to intervene.
Separately, Cook County Inspector General Patrick Blanchard is investigating how Smollett's case was handled.
Check out the AP's complete coverage of the Jussie Smollett case.