March 30th 2024.
In a recent development, the Illinois Supreme Court has agreed to hear an appeal from "Empire" actor Jussie Smollett regarding his 2021 conviction for staging a hate crime in Chicago. The Associated Press reports that Smollett was found guilty of orchestrating an attack in which he claimed to have been assaulted by two men.
To provide some context, Smollett had initially been charged in 2019 for falsely reporting a racist and homophobic attack to the Chicago police. After reaching a deal with the Cook County State's Attorney's Office, the charges were dropped, and Smollett performed community service and paid a $10,000 bond. However, the case was reopened in 2021, and Smollett was ultimately convicted by a jury.
Now, the Illinois Supreme Court will review a ruling from the state's appellate court that upheld the conviction. A specific court date has not yet been set for the hearing. One of the key issues at hand is whether or not Smollett's Fifth Amendment right against double jeopardy was violated. His legal team argues that he was essentially punished twice for the same crime.
In their appeal, Smollett's attorneys also claim that the decision to refile charges was "fundamentally unfair." The First District Appellate Court had dismissed this argument in a 2-1 decision, with Justice Freddrenna Lyle dissenting. Lyle argued that Smollett was promised he would not face further prosecution as part of the original deal, and therefore, the new charges were in violation of that agreement.
According to the appeal, allowing Smollett's conviction to stand would set a dangerous precedent, as it would give prosecutors the ability to try a defendant multiple times if they were dissatisfied with another prosecutor's decision. Ultimately, Smollett was found guilty of five counts of disorderly conduct for setting up the fake attack and was sentenced to 150 days in jail. However, he had already served six days and was released on bond pending appeal. He was also ordered to pay over $130,000 in restitution to the state.
The core of this appeal centers around the use of discretion by the office of prosecutor Kim Foxx. Smollett's legal team believes that the decision to pursue charges again after the initial deal had been reached was a misuse of this discretion. As the case continues to unfold, it remains to be seen how the Illinois Supreme Court will ultimately rule on this controversial and high-profile case.
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