Former "Empire" actor Jussie Smollett was sentenced on Thursday to 30 months of felony, including 150 days in prison, and paid more than $120,000 in restitution and a $25,000 fine for making a false report to police. He was the victim of a hater. crime in january 2019
After the judge sentenced him, Smollett took off his face mask and said he was innocent. "Your honor, I respect you and I respect the jury, but I didn't," the actor told the judge before moving the court. "And I'm not committing suicide. And whatever happens to me when I go there, I didn't do it by myself. And you all should know that."
Just before he was taken into custody, the actor again shouted that he was innocent and raised his fist in the air.
Cook County Judge James Lynn spoke for more than 30 minutes before announcing Smollett's sentence, telling the actor that he had written the screenplay and chose to deceive the actors, and that his predilection for the act. There was an "enhancing factor" in the case.
The judge said, "There is a side of you that has this arrogance, and selfishness and narrow-mindedness which is only shameful." "You are not the victim of a racial hate crime, you are not the victim of a gay hate crime. You are just a fraudster pretending to be the victim of a hate crime, and that is shameful."
Social justice figures urge leniency
Smollett, 39, was found guilty in December of five counts of felony, an anti-gay and anti-black hate crime for making false reports about what he said. The actor, who is black and gay, told Chicago police that on a cold January 2019 night, two unidentified men attacked him, hurled racist and homophobic abuses at him, poured bleach on him and tied a noose around his neck.
Celebrities and politicians publicly rushed to defend him, and Chicago police investigated the case as a possible hate crime. But he soon determined that the actor orchestrated the incident and paid two brothers he knew from the Fox drama "Empire" to stage the event for publicity.
Smollett maintained his innocence under oath during the trial, but the jury indicted him on five of six felony charges after nine hours of deliberation. While a conviction for disorderly conduct for a false crime report can result in a prison sentence of up to three years, it is rare for a judge to charge an offender to jail time for any prior felony conviction. Do not be given
Prosecutors on Thursday urged a judge to sentence Smollett to an "appropriate" sentence, pointing to the fact that the actor has never claimed responsibility for his actions and saying he has stymied attempts by actual hate crime victims to come forward. injury may occur.
Smollett's lawyers argued that he should be given a more lenient sentence of such probation, citing his criminal history and lack of community service. He read several letters that confirmed that part of his life. Before announcing the sentence, the judge also referred to prominent figures in social justice circles who called for a lenient sentence for Smollett.
"You have a great record of genuine community service and a great deal of connecting with people," the judge said. "I am wary of pleas of mercy, especially from those in the arena."
But ultimately, the judge said, the act showed Smollett's "dark side."
Smollett attorney Tina Glandian also argued that the guilty verdict should be overturned and given a new trial based on legal errors before and during the trial. Judge Lynn denied the defense's request, saying she believed Smollett got a fair trial.
'He embarrassed my brother'
Smollett's brother, Jojo Smollett, told reporters at a news conference after the sentencing that he was disappointed with the outcome.
"He embarrassed my brother. He talked about his ego," said JoJo Smollett. "He doesn't know what struggles my brother is facing. He doesn't know anything he's dealing with."
The actor's sister Jazz Smollett called the decision a "miscarriage of justice".
"My brother is innocent," said Smollett's sister. "It should not be a controversial statement because it is the absolute truth."
Special Prosecutor Daniel Webb said he was "extraordinarily pleased" with the sentence, adding that Smollett's "conduct defames hate crimes." Webb said the judge's comments showed that "he understood clearly ... that this was a mode of conduct that deserved severe punishment."
Cook County State Attorney Kim Foxx also commented on the sentencing. Foxx had distanced himself from the case to address potential concerns of fairness over "acquaintance with potential witnesses", his office had previously said. In March 2019, a grand jury indicted Smollett on 16 felony counts of disorderly conduct. In a dramatic turnaround in the days that followed, the state attorney's office dropped all charges.
But, Foxx wrote, due to the "relentless, organized and effective" crowd criticizing the decision, a special prosecutor was later assigned the case and Smollett was "indicted, tried, and convicted by the Kangaroo Prosecution within a few months." Was."
In a separate statement Thursday night, the Cook County state attorney's office said it will "continue to prioritize violent crime and support victims as we respond to the relentless violence we are witnessing."
How did we get here
Smollett was initially convicted of 16 counts of felony in March 2019, after police determined his report was false.
Foxx's decision to drop all charges from the office closed the debate over whether Smollett had received preferential treatment, leading a judge to appoint Webb, who was seen by the special prosecutor in August 2019. This led to a second grand jury, which took place in February 2020. Smollett pleaded guilty to six felony charges.
The incident effectively ended Smollett's acting career. His character was scripted from "Empire", which ended in 2020, and although he has directed and produced a film since then, he is yet to appear in another TV or film acting role.
In court late last year, the brothers, Abimbola and Olabinjo Osundaro, were among seven prosecution witnesses at the trial. He testified that Smollett directed and paid him to stage the attack in an attempt to gain sympathetic media coverage.
"Who was in charge of this thing?" Special Prosecutor Dan Webb asked.
"It was juicy," Abimbola Osundairo told the jury.
Smollett testified in his defense to deny any such plan, saying he only paid the brothers for training advice and nutritional tips. He cast doubt on his real intentions and said that he had sex with one of the brothers, which the brother denied.
Smollett has no prior felonies
The primary question on sentencing was whether Smollett, who has no prior felony convictions, would be given a prison sentence.
CNN legal analyst and criminal defense attorney Joy Jackson previously told CNN that Smollett "exposed himself to jail time" while testifying in court.
Jackson said, "What Jussie Smollett said was completely rejected by that jury. The jury didn't buy what he was selling. It's not lost on a judge. You came to the courtroom and concocted Huh."
After refusing to pay the city $130,106.15 for a police investigation, the city of Chicago filed suit against Smollett in April 2019, court documents show. Smollett filed a counterclaim in November 2020.
Chicago's Law Department noted in the city's lawsuit that more than two dozen police officers and detectives spent weeks working on Smollett's case in 2019, resulting in 1,836 overtime hours.
Following Smollett's sentencing in December, the city said it wanted to continue pursuing his trial.
During sentencing, the judge highlighted the amount of police work that went into the investigation, telling Smollett that police resources are valuable and limited.
"You took away a lot of resources from other places, other real victims of real crimes and used police resources to your advantage, and that's a big problem here," the judge said.