In Springfield Tuesday, the attorney for former “Empire” actor Jussie Smollett asked justices to reverse his client’s 2021 disorderly conduct conviction for faking a hate crime outside his Streeterville apartment over five years ago.
Smollett’s attorney, Nenye Uche, argued that a previous agreement with the State’s Attorney’s office should have kept a trial from happening in the first place.
Uche told justices that Smollett and his previous attorneys had struck an agreement with Cook County State’s Attorney Kim Foxx that would have him surrender his $10,000 bond and perform community service in return for the actor not being prosecuted.
“Prosecutorial agreements that induce a defendant’s specific performance should be enforced,” Uche said. “Irrespective of how unpopular the defendant is in the public eye, a deal’s a deal.”
But the deputy special prosecutor in the case maintained the deal not to prosecute didn’t go far enough and allowed Special Prosecutor Dan Webb to convene a grand jury and file a new case against the “Empire” star.
“Only a clear, expressed dismissal of charges with prejudice bars subsequent charges in a nolle pross situation,” Sean Wieber said.
Smollett’s attorney said both sides agreed they made an agreement, they just disagree about what it says.
if a person claims a false hate crime . then they should be charged with a hate crime.
So, faking a hate crime is orderly conduct?