From Yahoo/
“Illinois appeals court
affirms actor Jussie Smollett's convictions and jail sentence”
An appeals court upheld the
disorderly conduct convictions Friday of actor Jussie Smollett, who was accused
of staging a racist, homophobic attack against himself in 2019 and lying about
it to Chicago police. Smollett, who appeared in the TV show “Empire,”
challenged the role of a special prosecutor, jury selection, evidence and many
other aspects of the case. But all were turned aside in a 2-1 opinion from the
Illinois Appellate Court. Smollett had reported to police that he was the
victim of a racist and homophobic attack by two men wearing ski masks. The
search for the attackers soon turned into an investigation of Smollett himself,
leading to his arrest on charges he had orchestrated the whole thing. Authorities
said he paid two men whom he knew from work on “Empire,” which filmed in
Chicago. Prosecutors said Smollett told the men what slurs to shout, and to
yell that he was in “MAGA Country,” a reference to Donald Trump’s presidential
campaign slogan.
A jury convicted Smollett in 2021
on five felony counts of disorderly conduct, a charge that can be filed in Illinois
when a person lies to police. He now will have to finish a 150-day stint in
jail that was part of his sentence. Smollett spent just six days in jail while
his appeal was pending. Lawyers for Smollett, who is Black and gay, have
publicly claimed that he was the target of a racist justice system and people
playing politics. “We are preparing to escalate this matter to the Supreme
Court,” Smollett spokeswoman Holly Baird said, referring to Illinois' highest
court and also noting that the opinion at the appellate court wasn't unanimous.
Appellate Justice Freddrenna Lyle
would have thrown out the convictions. She said it was “fundamentally unfair”
to appoint a special prosecutor and charge Smollett when he had already
performed community service as part of a 2019 deal with Cook County prosecutors
to close the case. “It was common sense that Smollett was bargaining for a
complete resolution of the matter, not simply a temporary one,” Lyle said. Special
prosecutor Dan Webb was appointed to look into why the case was dropped. A
grand jury subsequently restored charges against Smollett in 2020, and Webb
concluded there were “substantial abuses of discretion” in the state's attorney
office during the earlier round. Smollett was not immune to a fresh round of
charges, appellate Justices David Navarro and Mary Ellen Coghlan said in the
majority opinion. “The record does not contain any evidence that (prosecutors)
agreed Smollett would not be further prosecuted in exchange for forfeiting his
bond and performing community service,” they said.
^ He should serve the whole sentence
for his crime. ^
https://www.yahoo.com/news/illinois-appeals-court-affirms-actor-175749874.html
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