Topline
Jussie Smollett is set to head back behind bars after an Illinois appeals court denied the “Empire” actor’s appeal Friday on his disorderly conduct convictions nearly five years after he lied about being a victim of a hate crime in 2019.
Key Facts
A three-judge panel affirmed Smollett’s initial conviction in a 2-1 vote Friday.
Smollett’s lawyers can still appeal the decision to the Illinois Supreme Court, but if an appeal attempt is not successful Smollett will have to complete the 150-day jail sentence that was initially given to him in 2022.
A jury found Smollett guilty of five felony counts of disorderly conduct in December 2021, after he made a false report to police.
Big Number
6. That’s how many days Smollett spent behind bars after his initial sentence before he was released. Smollett appealed the initial conviction and was released from jail in March pending the result of the appeal.
Key Background
Smollett, who is Black and gay, claimed he was attacked on the street by two men in Chicago who yelled “MAGA country” and put a noose around his neck in a January 2019 incident. Initially, police arrested Abimbola and Olabingo Osundairo, two brothers, but the men were later released and not charged after police discovered they knew Smollett. A month later, Smollett was arrested and accused of filing a false police report and disorderly conduct, but the charges were dropped. In 2020, he was charged again. Prosecutors accused Smollett of staging the incident and paying the assailants to stage the encounter. After a jury found him guilty of five felony counts, he was sentenced to 30 months of probation, with the first 150 days of that probation ordered to be served in jail. In addition, he was ordered to pay a $25,000 fine and $120,106 in restitution to the city of Chicago. Smollett’s team went on to call for the conviction to be thrown out and appealed the jury’s decision.
Further Reading
Jussie Smollett Appeals Hate Crime Hoax Conviction (Forbes)
Jussie Smollett Sentenced To 150 Days In Jail For Lying To Police About Hate Crime Attack (Forbes)
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