The former “Empire” actor was convicted on five counts of felony disorderly conduct for lying to police after his eight-day trial late last year. Jussie Smollett, 39, is facing up to three years in jail for the crimes. Today we await the sentencing.
I remember when the news of “the attack” first came out and we talked about it here I was SHOCKED when so many of you called it a hoax. I could not imagine JUSSIE SMOLLETT, who seems like a really nice guy from a lovely family would come up with something this stupid. Jussie is still denying every single bit of it.
But First… Jussie Smollett’s Lawyer Argues For a New Trial
Okay! Here we go, the judge is coming back in! First Jussie’s attorneys talk about two categories of legal error. Basically they are saying the first charges were ultimately dismissed. But that was because there seemed to be some inherit favoritism with the state prosecutor, Kim Foxx. Later, a special prosecutor was appointed to refile the case. Jussie Smollett’s attorney claims that should never have happened. She says the first judge, acted outside the law when he allowed the special prosecutor who was apparently from an outside firm (due to the suspected relationship between Kim Foxx and Jussie Smollett). I feel like all of these things have been brought up before, but she is droning on about it. Also, she says the deal was that Jussie forfeit his $10,000 bond and do community service. But that deal was violated. And Jussie Smollett was re-prosecuted.
Will This Request For A New Trial Nonsense Never End?
At the same time she is arguing that this second prosecution should never have happened, and whines on about double jeopardy, she is also asking for a third trial. Make it make sense! So, she moves on to the “legal errors” in this case. I cannot believe that Court TV keeps going to commercial and pausing their live feeds. I’m not sitting here typing this because it is news that can wait. Jussie’s lawyer is claiming prosecutorial misconduct in this trial. Can we just get to the sentencing? This is ridiculous. I guess the judge just wants to rule on their request for a new trial at the same time as sentencing and put a pin in it.
This attorney who has been talking for an hour and just said the the brothers who staged the attack on Jussie Smollett are coconspirators. Slip of the tongue? She’s really losing her way now. Finally the prosecutors, get up and basically say she is full of shit. But, you know, they use the legal term. “without merit.” 🙂 Finally they all shut up. The judge says that this was all a big waste of time and a ridiculous amount of paper. He did not grant Jussie Smollett a new trial.
Finally, The Sentencing of Jussie Smollett?
Or not. They are taking a short bathroom break before the sentencing hearing. Everyone is back and the judge is having to wait on the defense attorneys. Big Mistake. Everyone is back and but Court TV is airing Medicare commercials. The state begins with a victim impact on behalf of the Chicago PD. He outlines the manpower and overtime paid Furthermore, Jussie’s behavior made it less likely that real victims of hate crimes will come forward.
Next up, the defense calls Richard Daniels, the music director on Empire. I suppose he is going to be a character witness. Jussie was very supportive in attending charity events that Mr. Daniels supported. He tells lots of warm and fuzzy stories. He shares that Jussie donated a lot of money to charity. I cannot believe that Court TV keeps going to commercials. Sharon Gilman, she is a non-profit organizer who is there to testify about his character as well. She has known him and his family since he was sixteen. She is talking way too much. We get it. She likes him. I’m watching on the New York Post website, because they actually know what “live” means.
Family and Friends Beg The Judge Not To Give Any Jail Time
Next, Jussie’s brother, Joel, makes a statement about his character. He asks that he not incarcerate his brother. Jussie cries. But then he really loses it when his grandmother who can barely walk gets up to testify. She is 92 and Jewish. She turns over to the media and tells them they have done a terrible job with their investigative reporting. I do believe all of these good things people are saying are true. This why this whole situation is so bizarre. Next the defense reads a sample of the many letters of support sent in from BLM, Samuel L. Jackson and his wife. They have known his since he was a baby. The judge has received tons of such letters. All of the letters offer to have him work at their non-profits and/ or provide some sort of supervision. They are all glowing. He’s donated a lot of his time and money.
Is It Time To Sentence Yet?
The prosecutors are all slinking down in their chairs, hands on their faces. They ask for a five minute recess. Good GRIEF! This is taking all damn day! The prosecution makes their case of aggravating circumstances mainly that Jussie Smollett lied on the stand, he’s never admitted guilt or shown any contrition. They talk about how Jussie made sure the “attack” happened in front of a camera. Only, that one camera was not working. Others were working that caught the before and after. They are calling on the judge to give him jail time. They also want at least $130,000 in restitution to the police department.
Another DEFENSE attorney said this case is becoming a “sheep in wolves clothing.” /smacksforehead.
Finally, the Judge asks Jussie Smollett if he wants to make a statement. The defense asks for a five minute break. Probably to try ONE MORE TIME for him to take accountability and so contrition which he is not going to do. We are back but Jussie Smollett decides NOT to address the court.
The judge basically says there was no prosecutorial errors in this case. Explains why. He tells Jussie that there is nothing he can do that will be worse than what he has done to himself. The judge says that Jussie chose to get on the stand and lie, basically. The judge brought up that when Jussie was on the stand he stopped the prosecutor from reading a text he supposedly wrote that started with the n word. The judge says that Jussie did this all for FAME. He wanted to be more famous. He says he damaged actual hate crimes. This is not looking good for Jussie Smollett.
This Judge Has A LOT To Say
The judge says this wasn’t a crime of impulse. It was a premeditated act. Despite all of the good deeds he has done, the judge says he has a dark side. He finds his extreme premeditation an aggravating factor. That’s bad. He’s go a lot to say. He is coming down hard on Jussie telling the whole stupid plot. Party by part. He said he got the national pity party that he wanted to get on the fronts of magazines. Part of him is arrogant, selfish and narcissitic. He talks about how much effort and manpower went into the case. They solved the case. Something Jussie never wanted to happen. He calls him shameful. He says he is the butt of jokes. He calls him a charlatan. He’s throwing out so many insults so fast I can’t type them all. I’ve never seen anything like this. He has several aggravating factors. He’s fucked. He lied on the stand. He called it hours and hours and hours of “pure perjury.”
The judge sentences him to 30 months felony probation. He can report by phone and travel for work. He will pay $120,106 to the Chicago Police depart. He will pay a fine of $25,000, and he will serve 150 days (which will really be 75 days) in the county jail. They are going to take him into custody immediately.
Jussie Goes Nuts
The judge asks Jussie if he has anything he would like to say. He says, “I’m not suicidal. That’s what I would like to say. I am not suicidal.” Um that was out of left field. Then he turns to the court and repeats it again twice adding that he is innocent. Then he gets up and shouts, “If I did this that means I stuck my fist in the fears of black Americans of this country for over 400 years.”
Then he turns back to the judge and says he respects him, but he did not do this, and he is not suicidal. He says if anything happens to him in jail he did not do it to himself and we must all know that. Oh, that why he is saying it. He looks unhinged. The police are moving around him because he has stood up. The Defense files for a reconsideration of the sentence. It’s denied. The defense will appeal. His lawyers ask to stay the sentence. DENIED.
Jussie goes out of the courtroom with his fist up screaming I am not suicidal. He says if he was guilty that he would have said so a long time ago. Well that as worth the wait. Top Chef recap will be late tonight. But I’ll get on it now. This was one for the books. Sorry about errors, I am way behind on work today. I’ll update in comments if I see anything else.