American actor Jussie Smollett is making another attempt to overturn his conviction for orchestrating a fake attack, arguing that he should never have been prosecuted in the first place.
The Empire star contends that he shouldn't have faced felony disorderly conduct charges in December 2021 because prosecutors had initially agreed to dismiss the indictment in exchange for community service and forfeiture of his bond.
Smollett's appeal to the Illinois Supreme Court follows a previous denial by the Appellate Court of Cook County.
In 2021, Smollett was convicted of staging an anti-gay, racist hate crime against himself and filing a false police report in January 2019.
His attorneys assert that the case has been complicated by political factors and public outrage.
During the investigation, Chicago police determined that Smollett had hired brothers Abimbola and Olabinjo Osundairo to carry out the fabricated crime.
Smollett was sentenced to 150 days in jail, felony probation, restitution to the City of Chicago, and a fine. However, he served only six days before his release pending appeal.
With his appeal denied by the Appellate Court of Cook County, Smollett may now have to serve the remainder of his sentence.
During the sentencing hearing, Smollett maintained his innocence and warned against any harm that might befall him in custody.
He initially claimed he was attacked by two masked strangers who assaulted him with racist and homophobic slurs, but the Osundairo brothers testified that Smollett had hired them to stage the attack to enhance his public image.
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