Jussie Smollett loses appeal in staged attack case; will be going back to jail
Jussie Smollett loses appeal FILE PHOTO: LOS ANGELES, CALIFORNIA - JUNE 26: Jussie Smollett attends the 2022 BET Awards at Microsoft Theater on June 26, 2022 in Los Angeles, California. (Photo by Aaron J. Thornton/Getty Images for BET/Getty Images for BET)
ByDebbie Lord, Cox Media Group National Content Desk
An Illinois appellate court on Friday upheld the disorderly conduct convictions of Jussie Smollett, the actor and musician who was accused of staging a racist, homophobic attack against himself in 2019, according to The Chicago Tribune.
Smollett reported to police that he was the victim of a racist and homophobic attack by two men wearing ski masks. The manhunt for the attackers soon turned into an investigation of Smollett as what the actor said happened did not line up. He was arrested on charges he had orchestrated the attack.
About a month after prosecutors charged Smollett, prosecutors dropped all counts against him, noting that he forfeited his $10,000 bond and had done community service.
However, the following month, prosecutors charged Smollett with disorderly conduct for concocting the hoax with brothers Abimbola and Olabinjo Osundairo.
The brothers testified that Smollett paid them to help him with the attack.
Smollett was convicted in 2021 on five felony counts of disorderly conduct, a charge that can be filed in Illinois when a person lies to police, The Associated Press reported. He was sentenced to 150 days in jail. He spent just six days in jail before he was released to await his appeal.
In the “Empire” star’s appeal, Smollett’s attorneys argued that the filing of new criminal charges against Smollett constituted double jeopardy.
According to the Tribune, they said that because the charges were dropped, an agreement existed between Smollett and prosecutors that no further charges would be filed.
On Friday, the panel of judges ruled 2-1 that when Cook County prosecutors dropped the first felony charges, they did not say they would not file other charges.
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Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett is led out of the courtroom after being sentenced at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)
Photos: Jussie Smollett sentenced to 150 days in jail This booking photo provided by the Cook County Sheriff's Office shows Jussie Smollett. (Cook County Sheriff's Office via AP)
Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett speaks to Judge James Linn after his sentence is read at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)
Photos: Jussie Smollett sentenced to 150 days in jail Deputy special prosecutor Sam Mendenhall speaks during a sentencing hearing for actor Jussie Smollett on at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)
Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett, left, appears at his sentencing hearing at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)
Photos: Jussie Smollett sentenced to 150 days in jail Rich Daniels, former music director for the TV show "Empire," testifies for the defense during a sentencing hearing for actor Jussie Smollett at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)
Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett appears at his sentencing hearing at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)
Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett appears at his sentencing hearing at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)
Photos: Jussie Smollett sentenced to 150 days in jail Judge James Linn speaks during a sentencing hearing for actor Jussie Smollett at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)via AP, Pool)
Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett appears with his attorneys at his sentencing hearing at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)
“The record does not establish that Smollett entered into a nonprosecution agreement with the (Cook County State’s Attorney’s Office), in which the (office) agreed to forgo further prosecution of him in exchange for his performance of community service and the forfeiture of his bond,” the decision reads, according to the Tribune.
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