Jussie Smollett Is Back In Court, Seeks To Avoid Jail Time For Hate Hoax Conviction

Disgraced actor Jussie Smollett has been back in court this week as he seeks to have his 2019 conviction from orchestrating a “hate crime” against himself overturned.

Smollett, 41, appeared in an Illinois appellate court on Tuesday. Smollett’s lawyers have argued that anger and public intrigue over the case led to the reinstatement of charges that were previously dismissed by Cook County District Attorney Kim Foxx. The actor’s legal team has argued that the reintroduction of charges violates the Fifth Amendment and double jeopardy precedents, which prevent prosecutors from bringing the same charges against a defendant twice.

“Public outrage against the defendant cannot overrule the rule of law,” said Nenye Uche, one of Smollett’s lawyers.

If the appeal effort fails, Smollett will have to complete a 150-day jail sentence that was imposed upon him in 2022. The Empire actor previously spent six days in jail before his release pending the outcome of the appeal.

A ruling in the case is not expected for several weeks, according to a report from USA Today. “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,” reads the appeal.

Jussie Smollett lawyers ask court to toss convictions in attack hoax: ‘Is it fair?’https://t.co/33tratUn8e pic.twitter.com/TLZWKQoO1d

— The Washington Times (@WashTimes) September 13, 2023

In 2019, Smollett called 911 and claimed that he was attacked by two men who shouted “this is MAGA country.” The actor claimed that the men dumped bleach on him before tying a “noose” around his neck, which he was still wearing when he spoke to investigators.

Smollett’s story fell apart when the attackers were identified as Olabinjo and Abimbola Osundairo, two brothers from Nigeria. The brothers testified at Smollett’s trial that the actor paid them for the “attack.”

Smollett was ultimately convicted on five of six felony counts of disorderly conduct for lying to police.