Jussie Smollett could be headed back to jail after appeals court upholds conviction

Last Updated on December 15, 2023

Jussie Smollett could be headed back to jail after an Illinois appeals court has upheld the disorderly conduct convictions he received by making false reports to the Chicago Police Department in 2019.

“We affirm the judgment of the circuit court of Cook County,” said appellate Justices David Navarro and Mary Ellen Coghlan.

If you need a refresher, Jussie Smollett made headlines four years ago when he claimed that he had been attacked by two “MAGA thugs” who bereted the former Empire actor with racial and homophobic slurs before pouring bleach on him and placing a noose around his neck. It was later revealed that the two assailants were personal trainers who had been hired by the actor. Smollett was found guilty in December 2021 of five out of six felony counts of disorderly conduct for making a false report to police and was sentenced to 30 months of felony probation, including 150 days in jail. He was also ordered to pay $120,106 in restitution for overtime the Chicago police spent on his case, in addition to a further $25,000 fine.

Jussie Smollett spent just six days in jail before he was released after he was granted a motion by his attorneys to delay his sentence and grant him bail. He will now have to return to jail to complete his 150-day sentence unless the Illinois Supreme Court is able to grant him a new appeal, which his attorneys are seeking. “We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett,” a spokesperson for Smollett’s attorney told Deadline. “We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence.“

In response to the alleged violation of the double jeopardy principles, the majority opinion states, “Given the absence of a nonprosecution agreement with the CCSAO (the Cook County State’s Attorney’s Office), reprosecuting Smollett was not fundamentally unfair. Because the charges against Smollett were nol-prossed before jeopardy had attached in the first criminal proceeding, the subsequent prosecution did not violate his right against double jeopardy.“

Following the charges, Smollett’s character was removed from the final two episodes of Empire‘s fifth season and did not return for the sixth and final season.