September 14th 2023.
Attorneys for Jussie Smollett, the Empire cast member, appeared in an Illinois appellate court on the 12th of September to argue that the actor's conviction should be thrown out. Smollett was found guilty of making up a racist and homophobic attack in 2019, and lying to the Chicago police about it.
Nenye Uche, one of his lawyers, stated to the panel of three judges that "Public outrage against the defendant cannot overrule the rule of law". The appeal submitted to the panel said that Smollett's Fifth Amendment right against double jeopardy was violated, as he had already performed community service and forfeited a $10,000 bond as part of a deal with the Cook County State's Attorney's Office to drop the initial charges.
The lawyers also argued that the office of prosecutor Kim Foxx used proper discretion when they chose to drop the original charges four years ago. They said that "If Mr. Smollett's convictions are allowed to stand, this case will set a dangerous precedent by giving prosecutors a second bite at the apple any time there is dissatisfaction with another prosecutor's exercise of discretion".
Sean Wieber, who represents the special prosecutor, told the panel that if the defendant has not been tried and has never pleaded guilty, it's usually not double jeopardy to be indicted a second time on the same charges. The panel is expected to issue a ruling in a few weeks.
In 2022, Smollet was sentenced to 30 months of felony probation, with 150 days served in Cook County Jail. He was also ordered to pay a restitution of $120,106 to the City of Chicago and a $25,000 fine. If the judge rules in favor of the state, Smollet will have to finish the sentence, minus the six days he spent in jail before he was released pending the result of the appeal.
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