Jussie Smollett Is Appealing His Hate Crime Hoax Conviction...Again
The actor is taking his appeal to the highest court.
When Jussie Smollett claimed he was innocent in the 2019 hate crime hoax, he was serious. The infamous controversy has been widely reported. In Jan. 2019, the Empire star claimed he was accosted by two white Trump supporters during a winter vortex who yelled racial and homophobic slurs before physically attacking him, pouring bleach on him, and leaving a noose around his neck. Two weeks later, the Chicago Police Department announced charges against the actor. He was hit with a class 4 felony for filing a false police report. In December 2021, after his initial charges were dropped, he was convicted on five felony counts of disorderly conduct related to the hoax. He was ultimately sentenced to 150 days and ordered to pay $120,106 in restitution. Smollett was released after six days in prison, and at the end of last year, a judge denied his appeal to overturn his conviction. Now, he's appealing that verdict.
Smollett is petitioning the Illinois Supreme Court. It's his final shot at getting his initial dismissal upheld. Per The Chicago Tribune, the Mighty Ducks star's attorneys filed the petition, arguing that the questions raised by the case have the "potential for wide-reaching implications" across Illinois. The court can decide whether to take the case on or not.
In his previously denied appeal, a 2-1 decision largely rejected much of which was alleged by his team. Smollett argued that the original dismissal constituted a resolution in the case, and a subsequent conviction violated his double jeopardy rights.
The Tribune's report notes that the court, with one justice dissenting, ruled that Cook County prosecutors' decision to drop charges did not constitute a non-prosecution agreement with Smollett. Justice Freddrenna Lyle disagreed, arguing that "Smollett gave up something of value, community service and bond forfeiture, in exchange for a nolle of the whole indictment."
Smollett lost his job on Empire after the alleged hoax was revealed. During the trial, the two Nigerian-born brothers who were the attackers claimed they were hired by Smollett and rehearsed what to do in the days leading up to the staged ordeal. Smollett was reporetdly dealing with an addiction issue at the time. His motivation for the hoax was reportedly due to the studio not taking a previous instance of hate mail seriously. He also reportedly wanted more money and fame.