Jussie Smollett could be sent back to jail following the Illinois Appeals Court’s decision that his conviction of staging a hate crime in 2019 was upheld. Smollett, as The Shade Room reported previously, was sentenced in March 2022 to 150 days of jail time in Cook County. Additionally, the actor was ordered to serve 30 days of probation and satisfy orders for restitution.
Six days later, however, Smollett was released from police custody on an emergency motion. The motion granted the actor bail as his team worked to appeal his conviction. According to Fox News, Smollett received a decision regarding his appeal from an Illinois court on Friday, December 1.
The outlet reports that three judges gave the ruling 2-1. Justice David Navarro and Justice Mary Ellen Coghlan agreed to uphold Smollett’s 2021 conviction, while Judge Freddrenna Lyle reportedly “dissented.”
According to AP News, Lyle reportedly believes Smollett paid his dues when he completed community service in exchange for prosecutors to drop his charges in 2019.
A representative for Smollett and his legal team told the outlet they plan to “file an appeal with the Supreme Court.”
“We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett,” Holly Baird reportedly explained. We are prepared to take this case to the Supreme Court armed with substantial evidence.“
An attorney named Dan. K. Webb reportedly defended the Illinois Appeals Court decision. Winston & Strawn has done a great job on this case and today’s decision validates that. It is a resounding win for justice. We are proud to have prevailed in a case that, we believe, can help restore the public’s confidence in the Cook County justice system.”
According to Fox News, after Smollett’s team files another appeal, the Illinois Supreme Court will decide whether to “hear the case.” Then, if the actor’s conviction is not overturned, he will return to Cook County jail to finish his 150-day sentence.
A Look Back On The Actor’s Sentencing & Staged Hate Crime Hoax[d]According to Fox News, Smollett was found guilty on five out of six charges of disorderly conduct in December 2021. The actor became famous in January 2019 after claiming he had been the victim of “racist and homosexual attack” by men wearing ski masks. Fox News reported that Smollett claimed innocence at his sentencing. Additionally, his legal team alleges that Smollett’s “due process rights” were violated when he was given “renewed protection” and his initial deal, or “nonprosecution agreement,” with prosecutors was not honored.
According to CNN, the court ultimately found that prosecutors never agreed to drop Smollett’s charges.
“Here, the State’s nolle prosequi of the indictment was not a final disposition of the case,” the court declared, per CNN. “Therefore, the State was not barred from re-prosecuting Smollett...” Furthermore, Smollett’s legal team reportedly accused the judge who presided over his conviction of having bias against the actor. Circuit court judge improperly denied the defense motion for substitution of judge for cause because of his explicit bias towards Mr. Smollett, rendering every subsequent ruling and action, in this case, null and void, Smollett’s legal reportedly disclosed in their March 2023 appeal filing.
