A judge denied a request to dismiss Empire actor Jussie Smollett’s criminal case after he allegedly lied to police officers over being a victim of a hate crime in January 2019.

Smollett’s attorney said the judge was infringing on the actor’s rights because he had already paid a $10,000 bond and performed community service under a deal made by a different prosecutor. However, Judge James Linn of the Circuit Court of Cook County noted in Friday’s decision that a different prosecutor hired by a different judge is now pursuing the case against Smollett.