by Jeroslyn JoVonn
February 7, 2024
Jussie Smollett is asking the Illinois Supreme Court to throw out his conviction for lying about being a victim of a hate crime.
Jussie Smollett is asking the Illinois Supreme Court to throw out his conviction for lying about being a victim of a hate crime.
The “Empire” actor’s attorneys made a filing on Monday, February 5, asking the Illinois Supreme Court to review an appellate ruling upholding his conviction, the Chicago Sun-Times reports. Smollett’s legal team claims “politics and public outrage” complicated the actor’s case and might’ve prompted his conviction.
In December, three judges from the state appellate court ruled to uphold Smollett’s conviction and determined that his sentence was not unreasonable.
“What should have been a straightforward case has been complicated by the intersection of politics and public outrage,” Smollett’s attorneys wrote in their filing.
“The dismissal of the Petitioner’s charges, after his complete performance, was the result of a collaborative effort and agreement reached between the State and the Petitioner.”
While the three judges ruled the conviction wasn’t unreasonable, Justice Fredrenna Lyle claims she would’ve overturned the conviction. She also cites a non-prosecution agreement that was made ahead of Smollett’s conviction where the Cook County state’s attorney’s office dismissed Smollett’s initial charges in exchange for him forfeiting his bond and performing community service.
Smollett’s team cites the bond forfeiture and community service as cause for why he should be protected from double jeopardy since he was already punished.
In 2021, Smollett was convicted on five felony counts of disorderly conduct after he was accused of orchestrating a racist and homophobic attack against himself in January 2019. Smollett faced allegations of paying two Nigerian brothers to stage the incident in a bid to garner attention and notoriety around his brand.
Smollett has always proclaimed his innocence. However, following his conviction, Smollett was sentenced to 150 days in jail, 30 months of probation, a $25,000 fine, and was ordered to pay $120,106 in restitution to the City of Chicago. He only spent six nights in jail and was released on March 16, 2022, while awaiting the outcome of this appeal which was denied in December 2023.
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