Jussie Smollett Headed Back to Jail After Conviction Upheld by Appeals Court

 

Disgraced actor Jussie Smollett may be going back to jail soon as an appeals court upheld his convictions related to a 2019 hate crime hoax on Friday.

The “Empire” star, 41, was convicted in 2021 of five felony counts of disorderly conduct related to the alleged racist, homophobic attack and sentenced to 150 days behind bars.

He served just six days of the sentence while the appeal was pending.

Smollett challenged the role of the special prosecutors, the jury selection, evidence, and other aspects of the case against him – but the convictions were ultimately upheld in 2-1 opinion from the Illinois Appeal Court.

The California native – who made his big screen debut in 1992’s “The MIghty Ducks” – made headlines in 2019 when he reported to Chicago police that he was the victim of a homophobic and racist attack by two men wearing ski masks.

The search for the attackers quickly backpedaled into an investigation into Smollett, and resulted in his arrest on charges that he paid two man he knew from “Empire” to help him orchestrate the incident.

Lawyers for Smollett claimed that the was victim of a racist justice system and politicking.

Appellate Judge Freddrenna Lyle said Friday that she would have tossed Smollett’s conviction on the grounds that it was “fundamentally unfair” to appoint a special prosecutor and charge the actor when he already completed community services as part of a previous deal with Cook County prosecutors.

“It was common sense that Smollett was bargaining for a complete resolution of the matter, not simply a temporary one,” she opined.

Special prosecutor Dan Webb, however, told TMZ that the ruling was “a resounding and profound victory.”

“Having a dissenting voice in the ruling is not uncommon. The decision by the appeals court is final,” he insisted.

“What happens next is Mr. Smollett can file a petition for a higher appeal to The Illinois Supreme Court,” Webb continued.

“This is purely discretionary meaning the court does not have to hear this appeal. He lost all legal rights to an appeal with today’s decision. If the Supreme Court decides to hear his appeal, there will be briefs filed and a hearing date set. If not, then the case goes back to the trial court, which will execute his sentence.”

Smollett’s team vowed to keep fighting the court’s decision.

“We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett,” a rep for the actor told TMZ.

“We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence.”

https://www.cf.org/news/jussie-smollett-headed-back-to-jail-after-conviction-upheld-by-appeals-court/