Jussie Smollett Loses Conviction Appeal

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Jusssie Smollett conviction upheld Jusssie Smollett conviction upheld.jpg - Credit: Nuccio DiNuzzo/Getty Images
Jusssie Smollett conviction upheld Jusssie Smollett conviction upheld.jpg - Credit: Nuccio DiNuzzo/Getty Images

Jussie Smollett has lost his conviction appeal, the Appellate Court of Illinois decided Friday. Two of the three Appeals Court judges ruled to uphold the conviction. The decision comes after the actor sought out a new trial in the case, in which he was found guilty on five counts of felony disorderly conduct regarding his role in a hate crime hoax in 2021.

With an Appeals Court in Illinois upholding the lower court’s conviction, Smollett will likely return to prison to serve his 150-day sentence unless the Empire actor appeals to the Illinois Supreme Court and the court rules in his favor. A rep for Smollett told Rolling Stone that he and his legal team are looking to appeal further to the Supreme Court. Smollett started his sentence in March of 2022 but was released on bond less than a week later after the Appeals Court ruled he could be released pending the outcome of Smollett’s appeal.

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“We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett,” a rep for Smollett said in a statement. “We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence.”

In Smollett’s appeal, his attorneys demanded a new trial, claiming there were multiple errors from the initial trial judge. His team called the sentencing “excessive” and fought against the $145,000 in restitution Smollett was also ordered to pay.

In 2019, Smollett went to the police in Chicago, claiming that he was assaulted by two men outside of his apartment who also put a noose around his neck and called him racial slurs. That story would subsequently fall apart as weeks later, authorities accused him of staging the attack. Two Nigeria-born brothers, Abimbola and Olabinjo Osundairo, told the court in Smollett’s trial that the actor paid them to stage the attack. Smollett sued them for defamation.

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