Embattled actor Jussie Smollett has lodged an appeal with the Illinois Supreme Court, seeking to have his case dismissed for a second time.
Smollett maintains that he had reached an agreement with prosecutors when his initial indictment for allegedly staging a hate crime in January 2019 was dismissed. He contends that he should not have been charged and prosecuted a second time.
Smollett's appeal to the state's top court asserts that a state attorney from the Cook County grand jury offered him community service in exchange for forfeiting his bond to the City of Chicago. The attorney also assured him that his case would not be prosecuted further, as reported by TMZ.
The former actor has accused the special prosecutor of succumbing to public pressure when Smollett was indicted for the second time. Smollett insists that he has fulfilled the original terms by performing community service and forfeiting his bond. His legal team has likened the second indictment to double jeopardy and argues that the case should be dismissed, according to TMZ.
In the appeal documents, Smollett cites the prosecutor, who allegedly stated that "after reviewing the facts and circumstances of the case, including Mr. Smollett's volunteer service in the community and agreement to forfeit his bond to the City of Chicago, the State's motion in regards to the indictment is to nolle pros [not prosecute]."
Smollett's initial request to have the second indictment dismissed was denied by the trial judge and the Illinois appellate court. This led Smollett's legal team to escalate the matter to the state Supreme Court, as reported by TMZ.
In December 2021, Smollett was found guilty of five felonies related to the fabricated attack and was sentenced in March the following year to serve 150 days in jail. He served a total of six days and was released based on his intention to appeal, according to TMZ. If his appeal to the state Supreme Court fails, he will be required to complete his 150-day sentence.
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