Jussie Smollett Appeals Conviction in Illinois Court

Jussie Smollett is looking to have his convictions for staging a hate crime and lying to Chicago police in 2019 overturned in an Illinois Appeals Court.

On Tuesday, his attorneys argued that he should not have been punished for the same crime twice.

One of his lawyers, Nenye Uche, said that “public outrage” should not be allowed to override “the rule of law.” He said many of the issues surrounding the appeal boil down to the question: “Is it fair?”

In 2019, a deal was made to drop his charges in exchange for a $10,000 bond and community service, but a special prosecutor was appointed in 2020. Smollett’s lawyers claim his conviction violates the Fifth Amendment’s double jeopardy protection.

The special prosecutor disagrees, stating that Smollett received due process and could be recharged under the 2019 agreement. Smollett’s attorneys argue that the special prosecutor did not share necessary evidence from a discussion with the Osundairo brothers.

In the appeal, Smollett’s lawyers contend that Kim Foxx’s office rightfully used discretion to dismiss the original charges four years ago.

“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,” the appeal read.

Sean Wieber, the special prosecutor’s attorney, stated that the way Foxx’s office handled the charges allowed for the possibility of recharging Smollett without violating double jeopardy protections.

Wieber stated that double jeopardy typically doesn’t apply if a defendant hasn’t gone to trial or pleaded guilty, as with Smollett.

“Illinois law is crystal clear. … It’s Law School 101,” he said.

Wieber noted that Smollett has not only never pleaded guilty, but “Mr. Smollett has never made any statement that he accepts guilt.”

If Smollett’s appeal is unsuccessful, he must serve his full 150-day jail term.

So far, he has only spent six days in jail pending his appeal.