Illinois Appeals Court Upholds Jussie Smollett's Disorderly Conduct Conviction
ICARO Media Group
The three-judge panel voted 2-1 in favor of affirming the conviction, meaning Smollett's legal team now has the option to appeal the decision to the Illinois Supreme Court.
Unless the Supreme Court decides to reverse the appeals court ruling, Smollett is facing the completion of a 150-day jail sentence that was initially handed down in 2022. However, it's important to note that Smollett had spent only six days behind bars before being released on appeal.
The Illinois appeals court panel heard arguments from Smollett's attorneys in September, who contended that the convictions should be dismissed. Smollett, who gained fame for his role as Jamal Lyon in the TV drama "Empire," claimed to have been a victim of a hate crime in Streeterville back in 2019. Initially charged with 16 felonies for allegedly orchestrating a fake hate crime against himself, those charges were later dropped.
A subsequent indictment and trial followed, resulting in Smollett's conviction on five counts of disorderly conduct in 2021. Smollett filed an appeal in March 2022, challenging the validity of the conviction.
One key argument put forth by Smollett's legal team was that he was being penalized twice for the same crime. They pointed out that Smollett had forfeited his $10,000 bond payment and agreed to perform 16 hours of community service when the original charges were dropped by Cook County prosecutors. His attorneys claimed that the trial violated his Fifth Amendment protections against double jeopardy.
However, the appeals court decision ruled that Smollett was not denied due process, stating that "given the absence of a non-prosecution agreement from [the Cook County State's attorney], re-prosecuting was not fundamentally unfair."
Now, with the option to appeal to the Illinois Supreme Court, it remains to be seen whether Smollett's legal team will choose to pursue further action. The case has garnered significant attention due to its high-profile nature, and the outcome of any potential Supreme Court review could have lasting implications.
As of now, Jussie Smollett's disorderly conduct conviction has been upheld by the Illinois Appeals Court, leaving the possibility of serving his 150-day jail sentence looming unless the Supreme Court decides to intervene.