The Illinois Supreme Court is hearing an appeal from attorneys representing former “Empire” actor Jussie Smollett, who is seeking to overturn his 2021 conviction related to a staged hate crime hoax. Smollett, who was convicted of felony disorderly conduct for faking a racist and homophobic attack against himself and lying to police, did not attend Tuesday’s hearing, leaving his legal team to present the case on his behalf.
Smollett’s attorneys argue that the actor is being punished twice for the same offense, invoking the legal principle of double jeopardy. They contend that Smollett already reached a deal with Cook County State’s Attorney Kim Foxx in 2019, in which the original charges were dropped in exchange for Smollett forfeiting a $10,000 bond and completing community service. However, in 2020, a special prosecutor was appointed to re-examine the case, leading to new charges and Smollett’s eventual conviction.
Smollett served only six days of a 150-day jail sentence before being released pending the outcome of his appeal, but his legal team is now pushing to have the conviction overturned entirely. The defense is emphasizing the plea deal as evidence that Smollett fulfilled his obligations and should not have faced further prosecution.
Prosecution Argues Fairness of Special Prosecutor Appointment
The special prosecutor who was appointed in 2020, Dan Webb, reopened the investigation into Smollett’s case, leading to the actor’s conviction on five counts of felony disorderly conduct. Prosecutors argue that the re-examination was necessary due to concerns about how the original case was handled, specifically criticizing the leniency of the plea deal reached by Kim Foxx’s office. They assert that Smollett’s actions, which involved falsely reporting a hate crime, were severe enough to warrant further prosecution and that his legal rights were not violated in the process.
Webb’s investigation revealed that Smollett had orchestrated the attack in January 2019, paying two brothers to carry out a fake assault on him in Chicago. The actor initially claimed he was the victim of a racist and homophobic attack, leading to widespread media coverage and an outpouring of support from activists, celebrities, and political figures. However, as inconsistencies in his story emerged, police and prosecutors shifted their focus to Smollett himself, accusing him of staging the incident.
Appeal Could Set Legal Precedent
As the Illinois Supreme Court considers the appeal, legal experts are closely watching the case, which could set a precedent for how plea deals and special prosecutor appointments are handled in high-profile cases. Smollett’s attorneys are hoping to convince the court that reopening the case after the original charges were dropped constitutes double jeopardy, which is prohibited under the U.S. Constitution.
The court’s decision could either uphold Smollett’s conviction or vacate it, potentially putting an end to the years-long legal saga. If the conviction is upheld, Smollett could be required to serve the remainder of his 150-day jail sentence.
The case remains divisive, with some arguing that Smollett has been unfairly targeted, while others view his actions as an abuse of the legal system and an exploitation of genuine issues surrounding racism and homophobia.
