CHICAGO – Jussie Smollett’s sentencing is underway in Chicago legal court docket.
The previous “Empire” actor was convicted on 5 counts of felony disorderly conduct for mendacity to police after his eight-day trial late final yr.
Smollett, 39, is dealing with as much as three years in jail for the crimes however earlier than Choose James Linn might hand down his sentence, he needed to rule on a Hail Mary movement to vacate the costs filed by the artist’s authorized group final month.
Tina Glandian, one among Smollett’s attorneys, argued the court docket made 13 essential errors and constitutional violations, together with wrongfully dismissing jurors based mostly on their race and sexuality and depriving the actor of his proper to a good trial by limiting the variety of spectators allowed within the courtroom. She mentioned Smollett’s costs ought to’ve by no means been introduced as a result of the court docket erred of their determination to nominate a particular prosecutor, arguing they by no means had the authority to take action.
Glandian once more asserted Smollett was a sufferer of double jeopardy after the Cook dinner County State’s Lawyer’s Workplace agreed to drop the unique costs he confronted in March 2019 in alternate for neighborhood service and the forfeiture of his $10,000 bond. Smollett was instructed that if he agreed to the phrases, he wouldn’t be hauled into court docket once more, Glandian asserted.
“A deal is a deal and the state of Illinois isn't exempt from that historic precept,” Glandian mentioned.
“The case ought to’ve been dismissed.”
Sean Wieber from the Workplace of the Particular Prosecutor countered that Glandian’s arguments had been “meritless” and “riddled with distortions.”
“[Smollett] raises quite a lot of alleged procedural .. errors dedicated by anybody and everybody concerned on this case besides after all for Mr. Smollett himself and his attorneys,” Wieber argued.
Linn denied the protection’s movement.
Round 3:30 p.m. native time, Smollett’s supporters started delivering statements in his protection forward of Linn’s sentencing determination.
Prosecutors delivered a single sufferer influence assertion earlier than handing the ground to the protection. The assertion was from the Metropolis of Chicago, which needs Linn to demand $130,000 in restitution from Smollett to recoup additional time prices the Chicago Police Division spent investigating his falsely reported crime.
“The overwhelming stress and fatigue that was placed on the Chicago officers who had been concerned within the case had been immense,” the assertion learn.
“Whereas town can deal with the monetary price of Mr. Smollett’s false report and the investigation that ensued, a value that may by no means be measured is the hurt of lowering the chance of precise victims of hate crimes to report these crimes.”
Watch the sentencing dwell right here.
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