Former ‘Empire’ actor, Jussie Smollett, has been sentenced to 30 months of felony probation, including 150 days in jail for making false reports to police that he was the victim of a hate crime in January 2019.
According to reports, Smollett was also ordered to pay restitution of more than $120,000 and a $25,000 fine.
Per reports, after the judge announced his sentence, Smollett lowered his face mask and declared he was innocent. “Your honor, I respect you and I respect the jury, but I did not do this”, the actor told the judge, before turning to the court and said, “I am not suicidal, and if anything happens to me when I go in there, I did not do it to myself. You must all know that”.
Just before he was taken into custody, the actor yelled again that he was innocent and raised a fist in the air.
According to reports, Cook County Judge James Linn, who presided over the case spoke for more than 30 minutes before announcing Smollett’s sentence. He noted that the actor wrote the script and picked the actors for the hoax and that his premeditation for the act was an “aggravating factor” in the case.
“There’s a side of you that has this arrogance, and selfishness and narcissism that’s just disgraceful. You’re not a victim of a racial hate crime, you’re not a victim of a homophobic hate crime. You’re just a charlatan pretending to be a victim of a hate crime, and that’s shameful”.
Judge James
Smollett was found guilty in December on five counts of felony disorderly conduct, for making false reports about what he said was an anti-gay and anti-Black hate crime. The actor, who is Black and gay, told Chicago police that on a cold night in January 2019, two unknown men attacked him, yelled racist and homophobic slurs at him, poured bleach on him, and wrapped a rope around his neck.
Celebrities and politicians rushed to defend him publicly, and Chicago police investigated the case as a possible hate crime. However, they soon determined the actor orchestrated the incident and paid two brothers he knew from the Fox drama ‘Empire’, to stage the incident for publicity.
Social Justice Figures Urged for Leniency
Smollett maintained his innocence under oath during the trial, but the jury convicted him on five of six felony charges after nine hours of deliberations. While a conviction for disorderly conduct for a false crime report is punishable by up to three years in prison, it is rare for a judge to sentence an offender with no prior felony convictions to prison time for the charge.
Prosecutors urged the judge to give Smollett an “appropriate” sentence, pointing to the fact that the actor has never taken responsibility for his actions and saying he may have hurt the efforts of real hate crime victims to come forward.
Smollett’s attorneys argued that he should be given a more lenient punishment such as probation, citing his lack of criminal history and community service he has performed. They read several letters which attested to that part of his life. Before announcing the sentence, the judge also spoke of the leading figures in social justice circles that asked for a lenient sentence for Smollett.
“You do have quite a record of real community service and quite a record of attaching with people”, the judge said. “I’m mindful of pleas of mercy, particularly from people that are in the arena”.
However, the judge was quick to note that this act showed Smollett’s “dark side”.
Smollett attorney Tina Glandian also argued the guilty verdict should be overturned and a new trial granted based on legal errors leading up to and during the trial. Judge Linn denied the defense’s request, saying he believed Smollett received a fair trial.
Siblings of Jussie Disappointed by Judgement
In a news conference following the sentencing, Smollett’s brother, Jojo Smollett, told reporters he was disappointed with the outcome.
“He [Judge] shamed my brother. He spoke about his arrogance”, Jojo Smollett said. “He doesn’t know the struggles my brother is encountering. He doesn’t know anything that he’s dealing with”.
Jazz Smollett, the actor’s sister, called the decision a “miscarriage of justice”.
“My brother is innocent”, Smollett’s sister said. “This should not be a controversial statement because it is the absolute truth”.
Meanwhile, Special Prosecutor, Daniel Webb noted that he was “extraordinarily pleased” with the sentence, and further noted that Smollett’s “conduct denigrated hate crimes”. Webb posited that the judge’s comments showed “he clearly has understood … that this was a course of conduct that deserved severe punishment”.
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