Jussie Smollett asks Illinois high court to hear appeal of convictions for lying about hate crime
Actor Jussie Smollett has petitioned the Illinois Supreme Court to intervene in his ongoing legal battle regarding charges that he staged a racist and homophobic attack against himself in 2019 and lied about it to Chicago police. Smollett’s request comes two months after an appeals court upheld his convictions for disorderly conduct. In 2021, he was found guilty on five felony counts of disorderly conduct, a charge that can be filed in Illinois when a person is accused of lying to the police. Smollett was initially sentenced to five months in jail but was released pending his appeal. Smollett has consistently maintained his innocence.
In his petition to the state Supreme Court, Smollett’s attorneys argue that his trial violated his Fifth Amendment rights against double jeopardy, as he had already performed community service and forfeited a $10,000 bond as part of a 2019 agreement with the Cook County state’s attorney’s office to dismiss the initial 16 counts of disorderly conduct. However, a grand jury reinstated charges against Smollett in 2020.
The actor, who is Black and gay, had initially reported to the police that he was attacked by two masked individuals who used racist and homophobic slurs. The investigation later turned toward Smollett himself, leading to his arrest on charges of orchestrating the attack. Prosecutors alleged that he paid the attackers, who were acquaintances from the TV show Empire, to carry out the assault and shout slurs while referencing Donald Trump’s presidential campaign slogan.
In previous appeals, Smollett contested the role of a special prosecutor, the jury selection process, evidence, and other aspects of the case, but these challenges were ultimately rejected in a 2-1 opinion by the Illinois Appellate Court.
The state Supreme Court now has the option to hear the case or uphold the lower court’s decision.
What should have been a straightforward case has been complicated by the intersection of politics and public outrage, Smollett’s attorneys stated in their filing.
The outcome of this legal battle will have significant implications for both Smollett and the broader conversation around hate crimes and false allegations.
