Judge Throws Out Green Bay’s ‘Retaliatory’ Disorderly Conduct Citation Against Election Observer
'It does appear the municipal citation was retaliatory due to the Wisconsin Elections [Commission] complaint that was filed,' the judge said.
Jussie Smollett on Thursday was sentenced to 150 days in jail after a jury in December found him guilty on five of six counts of felony disorderly conduct for staging a hate crime against himself and then lying to police about the hoax.
After his sentence was handed down, Smollett spoke sharply to Cook County Judge James Linn and said, "I am not suicidal, and I am innocent." He added that "I did not do this" and that "if anything happens" to him while in jail that he didn't do it to himself.
The sentence also included 30 months probation, $120,000 of restitution payments, and a $25,000 fine.
In an address before issuing his sentence, Linn eviscerated Smollett, calling him a "charlatan" and telling him "your hypocrisy is astounding" and "you wanted to make yourself more famous" through the elaborate, "premeditated" caper and then "you threw a national pity party for yourself." But the worst part, the judge said, was that Smollett lied to authorities about it all.
"Your very name has become an adverb for lying," Linn said.
The former "Empire" star — who is black and gay — made national headlines for claiming a pair of supporters of then-President Donald Trump physically attacked him near his apartment in Chicago in the early morning hours of Jan. 29, 2019.
He claimed the two men wearing ski masks confronted him as he was leaving a Subway restaurant around 2 a.m. in below freezing conditions and yelled "aren't you that f***ot 'Empire' n*****?" before beating him up, putting a rope around his neck, pouring bleach on him, and hollering, "This is MAGA country!" — a reference to Trump's red "Make America Great Again" hats.
But once a police investigation began, Smollett's story began to crumble.
Smollett's defense pushed for a new trial, but the mountain of evidence against their client was too high, and Linn — who presided over Smollett's trial late last year in which he was convicted — denied the new trial request.
Prior to sentencing, the prosecution read a victim impact statement from the city of Chicago that blasted Smollett for making it less likely that actual victims of hate crimes will come forward to law enforcement. The city also requested just over $130,000 in restitution for the resources they said Smollett wasted.
Character witnesses for Smollett implored a sentence without prison time, including his brother who declared to the courtroom that the prosecution had no evidence against Smollett. The defense also detailed numerous letters — including ones from the Rev. Jesse Jackson, the president of the NAACP, and a Black Lives Matter representative — that pleaded for mercy in sentencing.
The 39-year-old faced a maximum sentence of up to three years in prison. Legal experts had said the sentencing judge would consider Smollett's otherwise clean criminal record and predicted he'd be sentenced to probation with required community service.
Chicago police caught the two suspects in the crime, Nigerian-born brothers Abimbola and Olabinjo Osundairo — aspiring actors whom Smollett knew from the Chicago set of "Empire" and from the gym. The brothers told police Smollett paid them to stage the attack in an effort to boost his career. In fact, then-Chicago Police Superintendent Eddie Johnson said Smollett used a check to pay the brothers $3,500 to pull off the staged attack.
Johnson added that the hoax "pissed everybody off."
Detectives said surveillance video and in-car taxi videos corroborated the Osundairo brothers' claims, as did telephone logs, ride-share records, and credit card records, according to a case summary document prosecutors released.
During Smollett's trial, prosecutors alleged the actor even arranged a "dry run" of the hoax with his co-conspirators days prior to it taking place — and that the practice session was captured on surveillance video.
The Osundairo brothers testified against Smollett in the trial, each taking the witness stand to repeat their claims that Smollett told them to place a noose around his neck and shout racial and homophobic slurs while roughing him up in view of a street camera.
Smollett testified in his own defense and maintained “there was no hoax" and that the brothers are “liars” who attacked him over homophobia and tried to extort money from him after the fact.
Lead prosecutor Dan Webb wasn't buying it, saying Smollett's lies cost the Chicago Police Department resources and caused racial division.
“Besides being against the law, it’s just plain wrong for Mr. Smollett, a successful black actor, to outright denigrate something as serious, as heinous, as a real hate crime. To denigrate it and then make sure it involved words and symbols that have such horrible historical significance in our country," Webb said according to the Chicago Sun-Times.
After Smollett's December conviction, Webb said in his full report regarding State's Attorney Kim Foxx's handling of the case that her office committed several procedural irregularities and ethical missteps — including that the decision to allow Smollett to enter into an "alternative prosecution" agreement constituted an "abuse of prosecutorial discretion."
In addition, former U.S. Rep. Tulsi Gabbard, a Democrat, said Smollett "spit in the face of real victims of bigotry" by "lying about being attacked because of his race" and "should be sentenced to the fullest extent of the law to serve as an example and to send a very strong message to anyone who thinks about pulling a hoax like this in the future."
Social media also ripped Smollett after his guilty verdict — but left-wing Hollywood remained more or less silent.
The left, however, had plenty to say immediately after Smollett claimed he was attacked. Vice President Kamala Harris — who at the time was a U.S. senator from California and a week into her presidential campaign — called it "an attempted modern day lynching. No one should have to fear for their life because of their sexuality or color of their skin. We must confront this hate."
Image source: Twitter
Harris' tweet was still active Thursday evening.
This is a breaking new story; updates may be added.
One of the jurors who sat on Jussie Smollett's jury recently spoke out about deliberations in the trial, admitting the 12-person panel did Smollett a "favor" by finding him not guilty on one of the criminal charges against him.
Smollett was found guilty last week on five of six counts of felony disorderly conduct over the hate crime hoax that he staged in January 2019.
Speaking with the Chicago Sun-Times, the juror admitted that "we all thought we were doing Jussie a favor" by finding him not guilty on one of the charges.
That felony charge of disorderly conduct was related to a Feb. 14, 2019, interview between police and Smollett in which Smollett was accused of lying about being a victim of an "aggravated battery." The other five charges stemmed from Smollett lying about being the victim of a mere "battery." Thus, the jurors did not understand the difference in charges.
The juror told the Sun-Times, "I think we probably would have found him guilty" on the last charge had prosecutors levied the same accusation against Smollett regarding the Feb. 14 incident, that he lied about being the victim of a battery.
The juror additionally explained why the jury required nine hours to convict Smollett of crimes that seemed so obvious to others.
Not only did the jury use the deliberation time to carefully consider all the evidence and whether prosecutors presented their case beyond a reasonable doubt, the juror revealed that some on the jury had doubts when deliberations began.
"It was not evenly split, but there were some doubters," the juror said. "I just hope that [Smollett and his attorneys] know that we went in there with an open mind. I listened to both sides. We wanted to make sure that those who had doubts didn’t feel pressured.”
"It wasn’t an easy decision. You’ve got the mother sitting there. You feel bad. We didn’t know what the penalty would be. Are we sending this guy to jail?" the juror, a female, told the newspaper.
Nenye Uche, lead attorney for Smollett's defense, characterized the verdict as inconsistent because the jury decided Smollett was guilty and not guilty of lying to police about the same incident.
“Jussie was not accused of doing two different things and he was accused of doing one thing, and charged multiple times for the same incident, a jury cannot come out and say guilty of lying, but not guilty of lying,” Uche said. “It doesn’t make sense.”
However, law professor Richard Kling disagreed, telling the Sun-Times the verdict reflects a nuanced decision in which the jury was convinced beyond a reasonable doubt on most charges, but not all.
"I think that’s a wonderful reflection on the jury," King said of the outcome. "This was not inconsistent. On five counts they found he was responsible, and the other one they were unsure."
Smollett faces three years in prison for each felony count — meaning he could be sentenced to prison for a maximum of 15 years under Illinois law — but legal experts believe he will not face any jail time because he lacks a previous criminal record, WMAQ-TV reported.