Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Illinois appeals court affirms actor Jussie Smollett's convictions and jail sentence

An appeals court has upheld the disorderly conduct convictions of actor Jussie Smollett, who was accused of staging a racist, homophobic attack against himself in 2019 and then lying about it to Chicago police

Ed White
Friday 01 December 2023 17:57 GMT

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

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 then 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 manhunt for the attackers soon turned into an investigation of Smollett himself, leading to his arrest on charges he had orchestrated the attack.

Authorities said he paid two men whom he knew from work on “Empire.”

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 he was the target of a racist justice system and people playing politics.

Appellate Judge Freddrenna Lyle said she would have thrown out Smollett's convictions. Lyle 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 drop the initial charges.

“It was common sense that Smollett was bargaining for a complete resolution of the matter, not simply a temporary one,” Lyle said.

___

Check out The AP’s complete coverage of the Jussie Smollett case.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in