Jussie Smollett's trial
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Attorneys for Jussie Smollett filed arguments Wednesday explaining why they’re appealing the former “Empire” actor’s 2021 hate crime hoax conviction and want a new trial.
The court document, filed Wednesday in the Illinois First Judicial District appellate court, raises multiple arguments, including that Smollett’s prosecution violated his due process rights, in part by not enforcing what his attorneys describe as a binding non-prosecution agreement.
Smollett also argues that he was subjected to double jeopardy, takes issue with the appointment of a special prosecutor and argues his sentence was excessive, among other things.
Smollett’s attorneys are requesting in the appeal that he get a new trial with a different judge.
One of their arguments involves double jeopardy; they say he was charged twice for the same crimes.
In their appeal, his attorneys wrote, “If Mr. Smollett’s convictions are allowed to stand, this case will set a dangerous precedent by giving prosecutors a second bite at the apple any time there is dissatisfaction with another prosecutor’s exercise of discretion,” they wrote.
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@George-K said in Jussie Smollett's trial:
But, bless them for doing God's work. The "noogie" sealed the deal.
I don't remember seeing that, but that was funny
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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.
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.
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[copper]
Lock him up.
[/copper]
That said, and this is Chicago politics, the current Cook County prosecutor, Kim Foxx, has a storied history of being...unfair in her sentencing suggestions and decisions to prosecute. I think she recommended dropping charges against Smollett.