Jussie Smollett's Last-Ditch Legal Battle: Disgraced Actor Fights To Clear His Name In Explosive Appeal

The request was made during an hour-long oral argument session before a three-judge panel at the First District Appellate Court in Illinois on Tuesday. Smollett, however, did not utter a word during the proceedings, choosing instead to observe from the spectator benches, as reported by USA Today.

In a comprehensive 76-page appeal, Smollett's defense team contends that his trial contravened his Fifth Amendment rights, which protect against double jeopardy. The appeal posits that Smollett had already fulfilled community service obligations and forfeited a $10,000 bond as part of a 2019 agreement with the Cook County State’s Attorney’s Office to dismiss the charges. This agreement was the focal point of Tuesday's hearing.

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Smollett's legal representatives maintained that the decision by Kim Foxx’s office to drop the charges at the time was an appropriate exercise of discretion. The appeal warns, "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."

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Sam Wieber, the attorney representing the special prosecutor, countered by arguing that the manner in which Foxx’s office dismissed the charges left room for Smollett to be recharged. Wieber explained that if a defendant has not been tried and has not pleaded guilty, it generally does not constitute double jeopardy if the defendant is indicted a second time on the same charges. "Illinois law is crystal clear. ... It's Law School 101," he stated, adding that Smollett has never pleaded guilty and "has never made any statement that he accepts guilt."

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September 15, 2023

Should the appeal be unsuccessful, Smollett will be obligated to complete his 150-day sentence handed down in 2022. The actor spent six days in jail before being released pending the outcome of the appeal.

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In December 2022, Smollett was found guilty on five of six counts related to a hate hoax he allegedly orchestrated. The former Empire star, aged 39, is accused of paying the Osundario brothers $3,500 to stage an attack on him. Smollett, a gay black man, claimed he was assaulted by white men wearing MAGA hats in Chicago, alleging they doused him with bleach, used a rope as a noose, and hurled racist and homophobic slurs at him.

The police managed to identify the alleged attackers by tracing the Uber order that transported them. Surveillance footage also showed Smollett and the brothers rehearsing the attack in the days leading up to it.