Disgraced actor Jussie Smollett appealed to the Illinois Supreme Court in an effort to have his case dismissed for the second time.
Smollett is claiming he made a deal with prosecutors when they dismissed his first indictment for faking a hate crime in Jan. 2019, and argues that he should never have been charged and prosecuted a second time. His complaint to the state’s highest court claims that the state attorney from the Cook County grand jury offered him community service if he forfeited his bond to the City of Chicago, and assured him his case would not be prosecuted, according to TMZ.
CHICAGO, ILLINOIS – MARCH 10: Actor Jussie Smollett is led out of the courtroom after being sentenced at the Leighton Criminal Court Building on March 10, 2022 in Chicago, Illinois. Jussie Smollett was found guilty late last year of lying to police about a hate crime after he reported to police that two masked men physically attacked him, yelling racist and anti-gay remarks near his Chicago home in 2019. He was sentenced to 150 days in jail, 30 months probation, ordered to pay $120,000 restitution to the city of Chicago and fined $25,000. (Photo by Brian Cassella-Pool/Getty Images)
The former actor alleged the special prosecutor “gave in to public outcry,” when Smollett was indicted for the second time.
Smollett insisted he has complied with the original terms by performing community service duty and forfeiting his bond. His attorneys have equated the second indictment to double jeopardy and are arguing that the case should be dismissed, according to TMZ.
In the documents filed, Smollett quotes the prosecutor, who reportedly said that “after reviewing the facts and circumstances of the case, including Mr. Smollett’s volunteer service in the community and agreement to forfeit his bond to the City of Chicago, the State’s motion in regards to the indictment is to nolle pros [not prosecute].”
CHICAGO, IL – MARCH 14: Jussie Smollet appears at a hearing for judge assignment with his attorney Tina Glandian,(L) at Leighton Criminal Court Building, on March 14, 2019 in in Chicago, Illinois. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama “Empire.” (E. Jason Wambsgans-Pool/Getty Images)
His initial plea to have the second indictment dismissed was rejected by the trial judge as well as the Illinois appellate court, which prompted Smollett’s team to escalate the matter to the state Supreme Court, according to TMZ.
Smollett was convicted in Dec. 2021 of five felonies related to the fake attack and was sentenced the following March to serve 150 days in jail. He served a total of six days and was released on his intention to appeal, according to TMZ. If his state Supreme Court appeal fails, he will have to complete his 150-day sentence. (RELATED: Jussie Smollett’s Lawyers Appeal Hate Crime Hoax Conviction)
This story continues to develop.