Jussie Smollett Sentenced to 150 Days in Jail and 30 Months Probation

A Chicago court has sentenced Jussie Smollett to 150 days in jail and 30 months felony probation. He was also fined him $25,000, and be required to pay $120,106.00 in restitution. Upon hearing the news, he began shouting, “I am not suicidal!” and “I am innocent!”

The Empire actor was found guilty in December of five counts of disorderly conduct for filing a false police report after a 2019 incident in Chicago. These charges each carried a maximum sentence of three years in prison and a penalty of $25,000. He was acquitted on a sixth charge.

In handing out the sentence, Cook County Judge James Linn said, “Let me tell you, Mr. Smollett, that there is nothing I can do here today that will come close to the damage that you have already done to your own life. You’ve turned your life upside down by your misconduct and your shenanigans.”

He added, “You took some scabs off some healing wounds, and for one reason: You wanted to make yourself more famous, and for a while it worked. The lights were on you. You were actually throwing a national pity party for yourself.”

On January 29th, 2019, Smollett told CPD that he’d been the victim of a hate crime. The now-39-year-old claimed that two white men approached him in ski masks at about 2:00 in the morning, demanding to know if he was “that f****** Empire n*****?” He added that they attacked him with a rope and bleach before fleeing the scene, shouting, “This is MAGA country!”

Police initially investigated the incident as a hate crime, but soon identified as persons of interest Olabinjo and Abimbola Osundairo, Nigerian brothers who had appeared as extras on Empire. Under threat of battery charges, the brothers quickly admitted that Smollett had paid them $3,500 to carry out a fake attack as a publicity stunt. Prosecutors were able to corroborate this story with a check for that amount, and surveillance footage showed Smollett taking the Osundairos on a dry-run two days before the alleged attack, driving them in his car and circling around the location of the incident.

Smollett continues to maintain his innocence, and before sentencing the court heard a motion for a new trial. Defense attorney Tina Glandian outlined 13 errors that she believed had occurred before and during the proceedings. She said that the case had finished when Cook County State’s Attorney Kim Foxx unexpectedly dropped all charges against Smollett in 2019 in exchange for community service and forfeiture of a $10,000 bond, and argued that when County Judge Michael Toomin ordered a prosecutor to further investigate the case, any additional punishment would constitute double jeopardy.

Judge Linn seemed incredulous at some of the alleged errors. In one of his few interruptions, he pushed back at the argument that jury selection had been prejudiced because some of the defense’s questions hadn’t been asked. “You wanted me to ask, ‘What kind of animal would you like to be if you had to be an animal?’” he said. “Or: ‘Superman or Batman, what do you prefer?’ Do you really think I was supposed to ask… those kinds of questions?”

In dismissing the motion for a new trial, he said, “There has been some suggestion that somehow this court should not have allowed the second indictment to go forward…  All it meant was that a second look was necessary…. I find nothing wrong with Judge Toomin’s reasoning, his analysis. I’m not sure I have the right to offer collateral remedy… but be that as it may, I happen to agree with him.” He added, “I do believe that Mr. Smollett received a fair trial.”

Ahead of sentencing, the court heard testimony about Smollett’s charitable works, going back to the age of 16. Rich Daniels, on-camera music director for Empire, spoke about his “loving heart” and “willingness to do good,” a representative of Artists for a New South Africa recalled his teenage outreach, and statements from his brother Joel and grandmother Molly left the actor in tears.

The court also heard letters from the Black Lives Matter Organization, the NAACP, the Rev. Jess Jackson, actress Alfre Woodard, and a note from Samuel L. Jackson and his wife LaTanya Richardson Jackson asking the judge to “please find an alternative to incarceration.”

In his closing arguments, Special Prosecutor Dan Webb repeatedly emphasized that Smollett showed “not a single act of contrition” and his “lack of remorse.” He said, “[Smollett] owned every bit of the plan, and he worked hard on it, and he planned it out, and he executed it.” He recommended “an appropriate amount of prison time,” followed by probation, as well as restitution of $130,106.00 (the amount of money that the city of Chicago spent on the case) minus $10,000 for the bond he had previously forfeited, plus a fine.

Judge Linn did not consider the more punitive suggestions, though he did scold Smollett repeatedly. “The hypocrisy is just astounding,” he said. “Your very name has become an adverb for lying. And I cannot imagine anything worse than that.”

Before sentencing, Smollett had a chance to speak on his own behalf but declined. His exit from the courtroom was dramatic, as he repeated several times, “I am not suicidal!” and “If anything happens to me in there, I did not do it!”

An appeal is expected.

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