An Illinois appeals court upheld actor Jussie Smollett’s conviction for staging a hate crime in a Friday ruling.
The 2-1 ruling means Smollett is likely headed to jail to serve out his 150-day sentence, though his legal team vowed to appeal the ruling to the state supreme court.
“We wish to highlight that the decision was divided, with Justice [Freddrenna] Lyle offering a detailed analysis in favor of Smollett,” Smollett’s representative Holly Baird told Fox News.”We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence.”
In January 2019, Smollett reported to the Chicago Police Department that he was a victim of a racist and homophobic attack, alleging that he was assaulted, had a noose tied around his neck, and bleach poured on him as his assailants yelled, “this is MAGA country.”
After a lengthy investigation police concluded that Smollett had staged the incident in order to drum up publicity for his acting career. Two extras on Smollett’s show Empire confessed to helping the actor stage the hate crime, practicing dry runs ahead of time, and were ultimately paid $3,500. Smollett denied the accusations and insisted during a two-week trial in December 2021, “There was no hoax.”
“I am a black man in America. I do not trust police. I’m sorry, but that’s the truth,” the actor said of his hesitancy to call the police in the first place.
The jury ultimately found Smollett guilty on five felony counts of disorderly conduct. He was sentenced to 150 days of jail time, 30 months felony probation, restitution to the city of Chicago for the resources that were devoted to the investigation in the amount of $120,106, and a fine of $25,000. The actor appealed the charges in March, arguing that his due-process rights were violated.
“As the appellate court noted, Mr. Smollett ‘challenge[d] virtually every aspect of’ the prosecution, and the appellate court correctly rejected each and every one of those challenges,” special prosecutor Dan Webb said in a statement following the ruling. “We are proud to have prevailed in a case that, we believe, can help restore the public’s confidence in the Cook County justice system.”
Smollett only served six days of his initial 150-day sentence and will have to return to complete it in its entirety should the Illinois Supreme Court refuse to hear the case.