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cindyJ

11:12:49 pm 10/19/2023

Viewed: 4665

"Jussie Smollett's Legal Battle and Rehab Journey: A Deep Dive into the Case, Conviction, and Appeal"

In January 2019, Jussie Smollett, known for his role in the TV show ‘Empire’, reported a disturbing incident to the Chicago police. He claimed to be the victim of a homophobic and racist attack. According to Smollett, two individuals poured an unknown chemical substance on him, wrapped a rope around his neck, and used racial and homophobic slurs.

The case initially began as a possible hate crime investigation. However, as the investigation progressed, authorities accused Smollett of staging his own assault. Smollett was charged with making a false police report and was subsequently arrested. He faced 16 felony counts of disorderly conduct.

Despite entering a not guilty plea, all criminal charges against Smollett were dropped in March 2019. Fast forward to December 2021, during a weeklong trial in Chicago, Smollett addressed his relationship with Abimbola “Bola” Osundairo and Olabinjo “Ola” Osundairo, who claimed they were hired to carry out a fake racist and homophobic attack.

Smollett was found guilty of disorderly conduct and sentenced to 150 days in jail in March 2022. In addition to his jail time, he was ordered to pay over $120,000 in restitution and a $25,000 fine.

Recently, Jussie Smollett entered rehab seeking treatment. This decision follows his conviction in the staged hate crime case. His legal team has also filed an appeal in Chicago, which is currently ongoing. A representative for Smollett has stated that he has faced extremely difficult times in the past few years and has been diligently working on his rehabilitation. They expressed their pride in him for taking these necessary steps.

Smollett's appeal is grounded in several key arguments:

    Violation of Due Process Rights: Smollett’s legal team argues that his "renewed prosecution" violated his due process rights. They claim that the trial court made dismissive comments that impacted the defense's ability to establish certain aspects of their case, including homophobia as a central theory.

    Violation of Fourteenth Amendment Rights: The appeal alleges that Smollett's Fourteenth Amendment rights to due process and equal protection under the law were violated when the trial court allowed the prosecution to strike all but one African American juror and a gay juror.

    Improper Appointment of Special Prosecutor: Smollett’s attorneys argue that the special prosecutor should never have been appointed because State’s Attorney Kim Foxx never officially recused herself.

    Denial of Access to Notes from Interview with Osundairo Brothers: The defense contends that Judge James Linn made an error when he declined to make the special prosecutor turn over his notes, or even review them in chambers, from an hourlong interview with the Osundairo brothers, who were allegedly recruited by Smollett for the hoax.

If the appeal does not succeed, Smollett will have to serve the 150-day jail sentence ordered during his 2022 sentencing. It is expected that a ruling on the appeal will take several weeks.


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