Related video above: Jussie Smollett’s legal team filed Wednesday to appeal former ‘Empire’ actor’s 2021 hate crime hoax conviction, explaining why she wants a new trial . The District Court of Appeal raised multiple allegations, including that Smollett’s prosecution violated due process rights by failing to enforce what Smollett’s attorneys described as a binding non-prosecution agreement. Smollett also claimed he was in double jeopardy, and CNN asked the office of special counsel Dan Webb for comment. Video below: Jussie Smollett released from county jail during appeal Smollett, who is black and gay, said men beat him, yelled anti-gay and racist remarks, tied a noose around his neck and poured bleach on him. Chicago, January 2019 A rigorous evening that took place in Smollett’s lawyers argued that Smollett was the real victim and that the man viewed the actor as a “mark” or “target.” Prosecutors claimed he staged the attack. A jury found Smollett guilty of five of six felony counts in December 2021 for making a false report to police. Smollett was released from prison less than a week after an Illinois appeals court granted an emergency motion from his attorney to delay his report. On appeal, Smollett’s attorneys are demanding that he get a new trial before a different judge.One of their arguments involves double jeopardy. The crime says he was indicted twice. Dissatisfied with the exercise of another prosecutor’s discretion,” they wrote. The Cook County State Attorney’s Office said the decision was made after reviewing the case.The actor forfeited his $10,000 bond and agreed to perform community service.Video below: Jussy Smollett was convicted of lying to police and preparing the attack.In June 2019, a Cook County circuit judge authorized the appointment of special counsel Webb to investigate Smollett Did. He handled the Smollett case. He was authorized to pursue Smollett’s indictment. A grand jury indicted Smollett for making false reports in February 2020. Webb said his office had “completed all investigative procedures regarding Jussie Smollett.” “Smollett was written out of the final episode of Empire’s fifth season and did not return for the sixth and final season.”
Related video above: Jussie Smollett pleads not guilty after sentencing
Jussie Smollett’s attorneys filed arguments Wednesday explaining why the former ‘Empire’ actor is appealing in 2021 Hate crime hoax conviction And I look forward to trying something new.
Court documents filed Wednesday in the Court of Appeals for the First Judicial District of Illinois raise multiple allegations, including that Smollett’s indictment violated his due process rights.
Smollett also argued that he was in double jeopardy, contested the special counsel’s appointment, and argued, among other things, that his sentence was excessive.
CNN has reached out to Special Counsel Dan Webb’s office for comment.
Video below: Jussie Smollett released from county jail during appeal
Smollett, who is black and gay, said that on a frigid night in Chicago in January 2019, two men beat him, made anti-gay and racist remarks, and put a noose around his neck. , said that bleach was applied. It was a possible hate crime, and significant resources were devoted to solving the case and locating the man.
However, after interviewing the men and finding other evidence, authorities instead determined that Smollett paid them $3,500 to stage a hate crime against him.
Smollett’s attorney claimed that Smollett was the real victim and that the men viewed the actor as a “mark” or “target”. Prosecutors claimed he staged the attack.
A jury found Smollett guilty of five out of six felony counts of disorderly conduct in December 2021 for making a false report to police.
He was sentenced in March 2022 to 30 months of felony probation, including 150 days in prison, and ordered to pay over $120,000 in damages and a $25,000 fine for making a false report to police. I was.
Smollett was released from prison less than a week after an Illinois appeals court granted an emergency motion by his attorney to stay his sentence pending resolution of the appeal and grant him bail. rice field.
On appeal, Smollett’s attorneys are requesting a new trial before a different judge.
One of their arguments concerns double jeopardy. They say he was indicted twice for the same crime.
His attorney said in an appeal, “If Mr. Smollett’s conviction is upheld, the case will be subject to the prosecutor’s second attempt whenever he is dissatisfied with the exercise of another prosecutor’s discretion. It will give a bite and set a dangerous precedent,” he wrote.
The sentence noted that local prosecutors dropped the first 16 indictments against Smollett on March 26, 2019, and the Cook County Attorney’s Office ruled after reviewing the case that the actor had been charged 10,000. He said the decision was made after he agreed to give up his dollar bond and do community service.
Video below: Jussie Smollett was found guilty of staging attacks by lying to police
The move sparked outrage, especially from then-Mayor Rahm Emanuel and the Chicago Police Department, with critics claiming Smollett was treated differently by state attorney Kim Fox’s office because he’s a celebrity.
In June 2019, a Cook County Circuit Judge approved the appointment of Special Counsel Webb to investigate the processing of Smollett’s case. He was empowered to pursue charges against Smollett.
A grand jury indicted Smollett in February 2020 for making false reports after Webb said it had “completed all investigative procedures regarding Jussie Smollett and made the decision to further indict Mr. Smollett.” .
Smollett was written out of the final episode of Empire’s fifth season and did not return for the sixth and final season.
https://www.wgal.com/article/jussie-smolletts-attorneys-file-appeal-challenging-hate-crime-hoax-conviction/43171692 Jussie Smollett’s attorneys to appeal against hate crime hoax conviction