CHICAGO — Attorneys for actor Jussie Smollett are asking the Illinois Supreme Court to intervene in the long and complicated case that arose from Smollett’s false claims that he had been a victim of a hate crime in Chicago in 2019.
Smollett’s lawyer filed a request for the state supreme court to review the conviction on felony disorderly conduct charges arguing that the special prosecutor’s case threatens to upend all informal and formal non-prosecution agreements entered into by defendants and prosecutors.
“What should have been a straightforward case has been complicated by the intersection of politics and public outrage,” Smollett’s attorney Nenye Uche wrote in the filing. “The dismissal of the Petitioner’s charges, after his complete performance, was the result of a collaborative effort and agreement reached between the State and the Petitioner.”
In 2021, Smollett was found guilty of five felony counts of disorderly conduct. The former ‘Empire’ actor was accused of paying two brothers to stage a racist and homophobic attack on him in January 2019 so that he could gain notoriety.
The prosecution came after Cook County State’s Attorney Kim Foxx’s office entered into a widely criticized plea deal with Smollett that did not include an admission of guilt. Smollett walked out of the courtroom and immediately proclaimed his innocence.
Neither Smollett’s attorney nor special prosecutor Dan Webb immediately responded to a request for comment.
An Illinois Appellate Court previously denied Smollett’s request to toss his conviction on disorderly conduct counts.
A Cook County judge sentenced Smollett to 150 days in jail, 30 months of probation, $120,106 in restitution to the City of Chicago and a $25,000 fine. He spent six nights in jail and was freed on March 16, 2022 pending this appeal.
The appeals court said Smollett could be released back then after posting a personal recognizance bond of $150,000 — meaning he didn’t have to put down money but agreed to come to court as required.
Smollett maintained his innocence during the trial. During sentencing, he shouted at the judge that he was innocent, warning the judge that he was not suicidal and if he died in custody it was somebody else, and not him, who would have taken his life.
Ben Bradley
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