Attorneys for actor Jussie Smollett filed an appeal to reverse his 2021 disorderly conduct conviction and to grant him a new trial with a new judge.
Nearly a year after being sentenced to 150 days in jail for lying to police about orchestrating a hate crime against himself, former “Empire” star Jussie Smollett has officially filed to appeal his December 2021 conviction.
Attorneys for the 40-year-old actor on Wednesday filed an appellant brief and argument in Illinois 1st District Appellate Court to grant Smollett a new trial with a new judge, arguing that the trial court “committed reversible error” when processing his case and was “excessive” in its sentencing.
His lawyers, Nenye E. Uche and Heather A. Widell, argued that the renewed prosecution, a second indictment of Smollett and additional punishment violated the actor’s due-process rights, in part because a “binding” non-prosecution agreement was not enforced, and that Smollett was subjected to double jeopardy. They also took issue with the controversial appointment of a special prosecutor in the case.
“If Mr. Smollett’s convictions are allowed to stand, this case will set a dangerous precedent by giving prosecutors a second bite at the apple any time there is dissatisfaction with another prosecutor’s exercise of discretion,” his attorneys wrote in the brief and argument, which was posted online on the appellate court’s website.
