Illinois Appeals Court Upholds Jussie Smollett's Disorderly Conduct Convictions

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ICARO Media Group
Politics
01/12/2023 20h32

An Illinois appeals court has affirmed the disorderly conduct convictions of "Empire" actor Jussie Smollett for making false reports to the Chicago Police Department in 2019. Smollett had claimed to be a victim of a hate crime, but a jury found him guilty in December 2021 on five out of six felony counts of disorderly conduct for filing a false police report.

The court's decision means that Smollett's convictions will stand, and he has the option to appeal the ruling to the Illinois Supreme Court. Smollett's attorneys had filed an appeal earlier this year, arguing that his due process rights were violated and that the sentence imposed on him was excessive.

In addition to the disorderly conduct convictions, Smollett was sentenced in March 2022 to 30 months of felony probation, including 150 days in jail. He was also ordered to pay restitution amounting to over $120,000 and a fine of $25,000 for making false reports to the police.

Smollett was initially released from jail less than a week after his sentencing when an Illinois appeals court granted an emergency motion by his attorneys to delay his sentence and grant him bail until their appeal is resolved.

One of the key arguments made by Smollett's defense team was that prosecutors violated a binding non-prosecution agreement. However, the court dismissed these challenges on procedural grounds, stating that it did not have jurisdiction over the issues related to the special prosecutor's appointment.

The court also addressed Smollett's claim of double jeopardy, stating that the second indictment did not violate his right against being tried twice for the same offense. The court's order highlighted that the initial decision not to move forward with charges did not constitute a final disposition of the case.

Smollett's future on the television show "Empire" was also affected by the case. He was written out of the final episodes of the fifth season and did not return for the sixth and final season.

Smollett now has the option to appeal the latest ruling to the Illinois Supreme Court. The actor's attorney, Tina Glandian, has declined to comment on the appeals court's opinion. No comment has been obtained from special prosecutor Dan Webb's office at the time of writing.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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