“If the case goes quickly, they could have oral arguments this time next year,” he said. Then when it is the prosecutors’ turn to respond, the court will give them as many as four 35-day extensions too. Komie explained that once that’s done, Smollett’s attorneys have 35 days to file their brief, but they can get that deadline extended up to four times. “They have 49 days.” said Stephen Komie, a Chicago attorney with extensive experience filing appeals, adding that postponing that deadline for two or three 49-day chunks of time is routine. The appeal process will almost certainly take months, if not years, with multiple deadlines, extensions of deadlines, new deadlines and more extensions.įor example, now that Smollett’s attorneys have filed their notice that they intend to appeal, they must send to the court the documents, transcripts and other paperwork the case has generated. They also said Smollett was the target of a racist justice system and people playing politics. Outside the jail on Wednesday night, Smollett’s defense attorneys said having to face charges a second time went against his constitutional rights. A special prosecutor was then appointed, and Smollett was charged again. Smollett was charged with disorderly conduct, but Cook County State’s Attorney Kim Foxx later dropped the case. At trial, prosecutors presented a check they said Smollett had written to two brothers who worked on the “Empire” set with him as payment to fake the assault.
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The claims quickly garnered national attention, with Trump weighing in, and Chicago police said they worked around the clock investigating before determining that the attack was a hoax, staged by Smollett to get publicity. He said the attackers also yelled that he was in “MAGA country,” an apparent reference to President Donald Trump’s “Make America Great Again” campaign slogan that some Trump critics call racist and discriminatory. Smollett told Chicago police in January 2019 that he had been attacked by two men as he walked near his home around 2 a.m. Smollett, who was convicted on five low-level felony counts of disorderly conduct and acquitted on a sixth count, also remains in legal limbo, with the prospect of being ordered back to jail to serve the rest of his sentence a very real possibility. While work in front of the camera may be difficult to find, Smollett could get opportunities working behind the scenes, particularly because he has a sister and other family members with successful careers in the industry, said another publicist, Danny Deraney. “From a reputation perspective, that is horrible.”ĭuring his trial, Smollett testified that “I’ve lost my livelihood” because of the charges against him, including losing his role on “Empire.” He has since worked behind the scenes, writing, directing and producing a film, “B-Boy Blues,” that recently won the “fan favorite narrative feature” award in the American Black Film Festival. “That’s what we call ‘death by 1,000 cuts,’” Rose said.
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People can be very forgiving of celebrities who admit wrongdoing and apologize, he said, but instead Smollett is keeping his name and face in the headlines, reminding people of the circumstances of his conviction. “I think he’s actually doing more harm than good” by fighting the conviction and sentence, said publicist Eric Rose. That means he could travel to places like Los Angeles and New York to try to resurrect his career.īut that will be difficult to do, publicists say, and the latest developments may not have done him any favors. Under the conditions of the sentence imposed by Cook County Judge James Linn, Smollett must now serve the 30-month probation, though he may leave the state and travel without restrictions.
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Jussie Smollett released from county jail during appeal