Jussie Smollett at the 2022 BET Awards at Microsoft Theater on June 26, 2022 in Los Angeles, CA

Jussie Smollett Wants His Deal Honored By The Illinois Supreme Court

Home / News / Jussie Smollett Wants His Deal Honored By The Illinois Supreme Court

By Afouda Bamidele on February 6, 2024 at 11:45 AM EST

Jussie Smollett is hoping the highest court in Illinois will be his saving grace after getting indicted a second time over a 2019 hate crime hoax.

The embattled actor, best known for his days on the Fox drama series "Empire," continues to argue against prosecutors' decision to hold him accountable for his fake police report. He claims his deal with the State's Attorney following his first indictment should be honored and refuses to accept new punishment.

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Jussie Smollett Claims Second Case Is Double Jeopardy

In new legal documents, Smollett filed an appeal with the Illinois Supreme Court, telling them he should not be prosecuted twice for the same offense. He explained his first legal case for the 2019 hate crime hoax was dismissed by prosecutors after he accepted the terms of their deal.

He allegedly received the offer from the State's Attorney, noting that he had to do community service and forfeit his bond to the City of Chicago so that his case would not be prosecuted. According to Smollett, the prosecutor said:

"After reviewing the facts and circumstances of the case, including Mr. Smollett's volunteer service in the community and agreement to forfeit his bond to the City of Chicago, the State's motion regarding the indictment is to nolle pros [not prosecute]."

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Jussie Smollett leaves court after all charges dropped
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The prosecutor added, "We believe this outcome is a just disposition and appropriate resolution to this case." The disgraced actor claimed he was indicted a second time because the other party "gave in to public outcry" despite him fulfilling the terms of their agreement.

The 41-year-old, per TMZ, stressed that this second case should be considered double jeopardy as he was being prosecuted for the same offense he had already been punished for.

It remains to be seen if his case with the Illinois Supreme Court will be Smollett's saving grace, as the trial judge and the Illinois appellate court previously rejected his double jeopardy argument.

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Jussie Smollett Entered Rehab Following 'Extremely Difficult' Years

Four months before begging the Illinois Supreme Court to honor his no-prosecution deal, Smollett took the necessary steps to improve his mental health. A representative for the 41-year-old confirmed he entered a rehabilitation facility last October, saying:

"Jussie has had an extremely difficult past few years. He has quietly been working very hard for some time now and we are proud of him for taking these necessary steps."

The source noted Smollett opted for an outpatient treatment and would work on his mental health from the comfort of home. His "extremely difficult" years began in 2019 when he claimed he was the victim of a racist and homophobic attack.

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After gaining mass sympathy and cries for justice, the alleged culprits — The Osundairo siblings — came forward and testified against Smollett, saying that he had paid them to orchestrate the attack.

Jussie Smollett’s Subway Tuna Sandwich Was The Key To His Conviction
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The aftermath saw the actor falling from grace and was later found guilty of five out of six accounts of disorderly conduct for filing a phony police report by a jury in December 2021. He was sentenced to 150 days in the Cook County jail and 30 months of probation.

Additionally, Smollett was ordered to pay a $25,000 fine and $120,106 of restitution to the City of Chicago. However, after just six days in the Cook County Jail, he was released after putting up a $150,000 personal recognizance bond.

Jussie Smollett's 'Empire' Co-Star Claimed His Punishment Did Not Match His Crime

Despite losing significant support over the fake homophobic attack, Taraji. P. Henson remained steadfast in Smollett's corner. The duo served as mother and son in the "Empire" series, with their relationship continuing outside the famous set.

In a lengthy social media post, Henson compared her co-star's treatment to that of the late Emmett Till and how those who lied against him escaped severe punishment. "I am not here to debate you on his innocence, but we can agree that the punishment does not fit the crime," she began, adding:

"Emmett Till was brutally beat and ultimately murdered because of a lie, and none of the people involved with his demise spent one day in jail, even after Carolyn Bryant admitted that her claims were false."

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"No one was hurt or killed during Jussie's ordeal. He has already lost everything, EVERYTHING! To me, as an artist, not able to create that in itself is punishment enough. He can't get a job," Henson argued.

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