Judge rejects lawyers’ bid to have Jussie Smollett conviction tossed as actor's sentencing hearing opens.
For the first time since his media-firestorm trial and conviction last year, Jussie Smollett returned to Cook County court Thursday to learn his sentence for orchestrating a fake hate-crime attack that shocked the nation.to Judge James Linn applauding Smollett’s character and seeking leniency. City officials have written they hope Smollett is required to pay more than $130,000 in overtime costs police incurred while investigating the case.
The hearing began with about an hour and a half of arguments on Smollett’s request for a new trial, which Linn ultimately denied. The ruling was expected; requests are commonly argued before sentencing but almost never granted. Glandian accused prosecutors of leaning on multiple witnesses who may have been favorable to the defense. In particular, one witness testified he was “pressured and threatened” by prosecutors to say he may have been mistaken when he said he saw a white man in a ski mask running away at the time of the attack. That testimony would have corroborated Smollett’s account that one of his assailants had light skin.
The defense attorneys also should have had a chance to question potential jurors, Glandian argued. That would have been a break from Linn’s usual trial practice, in which he is the only person asking questions, but Glandian argued that the overwhelming negative publicity brought Smollett into court with a “presumption of guilt,” and so attorneys should have been able to participate in the process more actively.
In response, attorney Sean Wieber, a member of special prosecutor Dan Webb’s team, said that none of the issues raised by the defense rose to the level of serious trial error, and some were head-scratching at best. Ultimately, the sentencing decision is up to Linn, who will have a range of options. Smollett was convicted of Class 4 felonies, the state’s lowest-level felony category. The charges carry penalties of one to three years in prison, but also probation or conditional discharge, which is similar to probation but with less strict conditions. Linn also could require Smollett to pay a fine or restitution.
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