According to new reports, Cook County State's Attorney Kim Foxx along with deputy Joseph Magats have been subpoenaed in the investigation surrounding the handling of the controversial Jussie Smollett case.

Retired appellate judge Sheila O'Brien, who filed a petition for a special prosecutor to investigate the handling of the case, has requested that Foxx and Magats appear in court to hand over original documents in the criminal case that was brought up against Smollet to assure the general public "that they have not been altered or destroyed and will not be destroyed throughout this case," according to court documents.

Nuccio DiNuzzo/Getty Images             

It was in late January that Smollet alleged that two white men yelled racist and homophobic slurs at him, tied a noose around his neck and doused him with bleach. As the investigation got underway, Smollett was eventually charged with 16 counts of disorderly conduct after his assailants turned out to be two black men--brothers who allege Smollet hired them to stage the attack.

In March, all charges against Smollett were dropped.

“Foxx’s conflict in this matter is beyond dispute,” O’Brien writes in her petition. “Instead, Foxx misled the public into believing that Smollett’s case was handled like any other prosecution and without influence.”