Jussie Smollett Appeals Hate Crime Hoax Conviction

Last year actor Jussie Smollett was sentenced to 150 days in the Cook County jail after being convicted on felony disorderly conduct charges for staging a hate crime hoax at the height of is career [click here if you missed that]. 

Jussie's legal time has filed an appeal...

From Variety

Attorneys for Jussie Smollett filed their appeal of his conviction on Wednesday, as they seek to keep him from having to go back to jail on hate crime hoax charges.

In the appellate brief, Smollett’s attorneys argue that the trial judge, James Linn, made a series of reversible errors, that the 150-day sentence is excessive, and that the entire prosecution should have been disallowed.

Smollett was initially indicted on 16 counts in 2019, but the state’s attorney’s office quickly dropped those charges. Following a community-wide outcry, another judge ordered the appointment of a special prosecutor who revived the charges.

Smollett’s defense has argued repeatedly that the second prosecution should have been barred under the principle of “double jeopardy.”

Smollett was also ordered to pay $120,000 in restitution to the Chicago Police Department for its overtime costs, and a $25,000 fine. The defense argues that Illinois law does not allow the police department to be considered a “victim,” and that therefore the restitution order should be overturned.

Smollett’s attorneys also argue that Linn’s hurried them along during their cross-examination at trial and made editorializing comments in front of the jury. The appellate brief argues that Linn’s comments during sentencing took on a “personal retributive tone.”