Illinois
Jussie Smollett lawyers ask Illinois Supreme Court to overturn verdict that he falsely claimed hate crime
Lawyers for Jussie Smollett asked the Illinois Supreme Court Tuesday to overturn a jury’s 2021 guilty verdict that found the actor lied to Chicago police when he falsely claimed he was the victim of a hate crime.
During the actor’s trial, special prosecutors accused Smollett of staging the attack for publicity because he was unhappy with his salary for his role on the hit television show “Empire” and was attempting to launch a music career.
The jury found the actor guilty of five counts of disorderly conduct, and he was sentenced to 30 months of probation, with the first 150 days to be served at Cook County Jail.
At the heart of Smollett’s argument is whether the Cook County state’s attorney’s office had earlier entered into a binding agreement not to prosecute Smollett because he voluntarily agreed to forfeit his $10,000 bond and perform community service.
Defense attorney Nenye Uche told the justices Tuesday that because Smollett’s attorneys and the government reached the deal together, it should be considered a contractual non-prosecution agreement — regardless of whether that term had been used in court.
Short of reversing the jury’s verdict, Uche asked the justices to alternatively send the case back to the trial court for an evidentiary hearing to determine if a binding agreement had been reached.
Special prosecutors countered that the original agreement was honored when Smollett’s first case was dropped by prosecutors through a motion for “nolle prosequi” — a legal term when the state has decided to no longer prosecute.
But dropping the case doesn’t prevent prosecutors from being able to refile charges, Special Prosecutor Sean Weiber told the justices.
Justice Elizabeth Rochford questioned that argument, asking why Smollett would agree to voluntarily forfeit his bond if he thought he could be recharged.
“If the words nolle pros are used, regardless of the other circumstances … then a defendant should be cautioned that the reinstatement is always a possibility?” Rochford asked.
Weiber argued the answer was yes, citing “40 years of legal precedent” and that Smollett’s experienced team of lawyers knew the difference.
In Smollett’s case, he argued, there was nothing that would have dismissed the case “with prejudice” — meaning a judge says the charges can’t be refiled — because Smollett neither admitted guilt nor was deprived of his liberty.
Rochford later returned the question to Uche, asking about the argument that the “terms used were nolle pros, he voluntarily forfeited the money and that when he walked out, he should have been well aware that those charges could be re-brought?”
“Mr. Smollett isn’t an attorney,” Uche responded. “He shouldn’t be punished for any misapprehension or drafting, secretarial errors that were done on this particular agreement. The prosecutor should not hide behind technicalities.”
Last year, a divided appellate court panel affirmed the actor’s conviction in a 2-1 decision after considering similar arguments. A dissent from Justice Freddrenna Lyle sided with Smollett that there was evidence the state had entered into an agreement.
“The majority contends that there is no evidence in the State’s agreement that the parties intended for the agreement to be tantamount to a dismissal with prejudice. I disagree,” Lyle wrote.
The state Supreme Court agreed to hear the case in March.
In his closing argument, Weiber asked the justices to finally bring an end to the case, noting it has been 2,048 days since the “underlying incident.”
“He was caught,” Weiber said. “He was convicted.”
In January 2019, Smollett called police to report he was attacked by two Trump supporters who beat him, doused him with a bleach-like substance and placed a thin rope noose around his neck as he walked home from a Subway sandwich shop.
His story quickly fell apart as police launched an expansive investigation that consumed thousands of hours of manpower, officials said.
Smollett was charged by State’s Attorney Kim Foxx, who later announced she would recuse herself after it was revealed she had helped facilitate conversations between Smollett’s family and the Chicago Police Department.
Months later, the state’s attorney’s office decided to drop the charges — a decision that led to significant public outcry.
It led a judge to appoint Dan Webb as a special prosecutor to review the decision to drop charges against Smollett. Webb determined the state’s attorney office had committed “substantial abuses of discretion and operational failures,” and he ultimately brought new charges in an indictment against Smollett.
Smollett served less than a week of that sentence before he was released while appealing his case.
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Combined state and federal taxes would take more than 50% of the top-end income for 22,000 Illinois small businesses.
Proposals in the Illinois General Assembly could slam massive tax hikes onto small businesses, the state’s primary job creator historically and in the recovery from the COVID-19 downturn.
One measure would punish 22,020 Illinois small businesses with a huge increase in their marginal state income tax rate and create a top tax rate of nearly 50.3% for them, once all state and federal income taxes are factored in.
S-corporations and partnerships, which “pass-through” their business income to their owners, who pay taxes as individuals, would see their top marginal state income tax rate jump from 4.95% to 7.95%, a 61% hike.
That would happen because the legislation, House Joint Resolution Constitutional Amendment 21, adds a 3% income tax on income above $1 million. It is scheduled for a hearing April 23 at which it could pass out of committee and go to a potential full House vote.
Research has shown that an increase in the top marginal tax rate is associated with a decrease in entrepreneurs’ hiring activity and lower wages for their employees.
Illinois has one of the highest unemployment rates in the nation and among the slowest wage growth. These are exacerbated by some of the highest state and local tax burdens in the nation, including the second-highest property taxes and eighth-highest sales taxes.
In 2017 Illinois residents endured the largest permanent income tax hike in state history, when lawmakers increased the rate by 32%, from 3.75% to 4.95%.
Illinois already pushes out more businesses than virtually any other state. The “millionaire’s tax” could make the situation even worse. Illinoisans should reject this call for higher taxes on the state’s vital small business community.
Contact your state representative to stop the small business tax hike here.
SYCAMORE, Ill. – A Sycamore mother said she is still waiting for justice more than two years after her teenage son was stabbed to death.
The case is back in court this week, where a judge will consider a key request that could change how the case moves forward.
What we know:
A mother said her son’s life was cut short during a confrontation that turned deadly.
Heather Gerken said her 17-year-old son, Kaleb McCall, was stabbed during an incident in September 2023. She said Kaleb agreed to meet another teen for what he believed would be a fist fight while sticking up for a friend.
According to Gerken, the other teen, who was 15 at the time, pulled a knife and stabbed Kaleb in the chest. Kaleb later died from his injuries.
Gerken said a jury later found that teen guilty of second-degree murder after the defense argued he acted in self-defense.
Dig deeper:
The case is not over.
Gerken says the defendant’s attorneys are now trying to move the case out of adult court and into juvenile court. That decision could impact how the teen is ultimately sentenced.
What they’re saying:
Gerken said the legal process has been long and frustrating.
She said the case has stretched on for more than two and a half years and that ongoing court proceedings have made it difficult for her to grieve her son.
“He was everybody’s big brother,” Gerken said. “He had the biggest smile and the sweetest personality. He enjoyed fishing and being outside, and he was the best gift giver. He always got me flowers for every little holiday. Just a very thoughtful boy.”
Gerken also said the possibility of the case moving to juvenile court is especially upsetting, as she continues to push for what she believes is justice for her son.
“I don’t want anybody else’s child to die the way that my son died,” Gerken said. “Caleb is my whole world. I gave birth to him at 17 and he changed my life completely. He made me a better person. He taught me what real love truly is…And I just miss him so much more every day. And just knowing that he died the way he did. It makes me sick.”
What’s next:
The case returns to court Thursday morning.
A judge is expected to determine whether the case remains in adult court or is moved to juvenile court, a decision that could shape what happens next in the case.
The Source: The information in this article was reported by FOX Chicago’s Lauren Scafidi.
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