Former "Empire" star Jussie Smollett is fighting to have his conviction overturned by the Illinois Supreme Court. After being found guilty of fabricating a hate crime in 2019, Smollett's legal team submitted a request saying, "What should have been a straightforward case has been complicated by the intersection of politics and public outrage," as shown in filings reported by the Chicago Sun-Times.
Smollett's attorneys argue that his trial was marked by breaches of double jeopardy protections, citing that a previous agreement to drop charges against him should have put the matter to rest permanently. Following his initial charges, Smollett had forfeited his $10,000 bond and completed community service, which his lawyers claim was tantamount to punishment. The Illinois Appellate Court has upheld the conviction, but one justice, Fredrenna Lyle, has publicly dissented, arguing the case against Smollett to have been "fundamentally unfair." According to details obtained by CBS News, the actor's legal team maintains that there was an "implicit nonprosecution agreement" in place.
Smollett had initially reported an attack by two men who allegedly used racial and homophobic slurs, an accusation that garnered national attention and sympathy. However, the investigation led to the theory, embraced by prosecutors, that Smollett staged the incident as a publicity stunt. Smollett, for his part, insists on his innocence, maintaining that the attack was genuine and not orchestrated as jurors concluded at his 2021 trial.
As his case lingers in legal limbo, there's no set date for the Illinois Supreme Court to review Smollett's appeal. Legal pundits speculate on the potential for the court to accept his case given the constitutional questions raised. "The Illinois Supreme Court takes a very small percentage of the cases that are presented to them. This, however, is an interesting case," said CBS 2 Legal Analyst Irv Miller. Furthermore, Smollett could continue his legal challenge up to the U.S. Supreme Court, as he alleges that his conviction breaches his Fifth Amendment rights.
If the state Supreme Court declines to hear the appeal, or if Smollett's conviction stands, the case would return to the trial court to enforce the actor's original 150-day sentence. The unrelenting effort of Smollett's defense team is clear as Miller stated, "He's going to keep going until he's out of legal remedies." Regardless of the path taken, the resolution to Smollett’s case carries implications not just for the actor, but for the legal interpretations of plea agreements and the proper execution of justice in the eye of public controversy.
