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Jussie Smollett lawyers ask Illinois Supreme Court to overturn verdict that he falsely claimed hate crime

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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.

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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.

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“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.”

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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.”

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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.

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Smollett served less than a week of that sentence before he was released while appealing his case.





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Illinois

LIVE BLOG: Kentucky WBB vs. Illinois

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LIVE BLOG: Kentucky WBB vs. Illinois


After the game against Arizona State, Kentucky now will wrap up their time in the Music City Classic against No. 19 Illinois. (8 p.m. ET). KSR’s new and improved LIVE BLOG will bring you all the real-time updates you need to keep up with the Cats.

The Fighting Illini are arguably the best team that Kentucky has faced up until this point, so it’ll be interesting to see if the Cats can leave Nashville with a winning taste in their mouths prior to facing No. 16 North Carolina in Chapel Hill.

The game will stream on BallerTV, so if you’re unable to watch, we’ve got you covered. Refresh the feed below for updates and our takes on the game. You can also join the conversation on the KSBoard Game Thread.

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End 1Q: 18-14 Illinois

11/27/2024 07:17:14 PM

Kentucky is shooting just 35% from the field and 22% from three-point range thus far.

6:05 1Q: 10-5 Kentucky

11/27/2024 07:05:55 PM

Not a bad start for the Cats.

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Illinois has the longest winning streak in the country

11/27/2024 06:57:51 PM

Per the BallerTV broadcast, the Fighting Illini have the longest winning streak in the country with 11 consecutive wins.

Kentucky’s starting lineup

11/27/2024 06:40:15 PM

– Georgia Amoore
– Dazia Lawrence
– Amelia Hassett
– Teonni Key
– Clara Strack





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Dog In The Leaves, 'Marty' The Deer And A Frosty Morning: IL In Photos

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Dog In The Leaves, 'Marty' The Deer And A Frosty Morning: IL In Photos


ILLINOIS — Take a look through this set of images from across Illinois. We’re seeing many great opportunities for readers to get some memorable photographs throughout the state this fall.

To have your photo potentially featured on Patch, send it to Eric DeGrechie at eric.degrechie@patch.com. We just ask that you make sure the photo you send is one you have taken personally, and allow Patch to use on all platforms. Include your name for credit and a brief description of the photo, including where it was taken. Also, please remove any watermarks. Thank you!

Marge Fox, of Lemont, got this fascinating photo of the clouds and sun off the highway.

Kiersten Wheeler, of Hinsdale, tells us “Marty,” seen here, is one of the regulars at her home and was born there in the spring of 2023.

Kimberley Schumacher grabbed her camera and photographed “a frosty morning glow awakens the days to new possibilities” in Bull Valley.


Katarzyna Jagiello photographed her beautiful cat, Popiolek, who she says “loves the sun,” looking outside.

Ramona McClusky, of Joliet, sent in this photo of a squirrel eating pumpkins.

Lynn Wesley, of Tinley Park, got this great shot of a female house finch during the first snow of the season.

Sean Wolf Harper submitted this photo he took of his dogs, Samson and Daisy Mae, hanging out as the sun sets.



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Illinois Fighting Illini square off against the No. 19 Arkansas Razorbacks

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Minnesota hosts Los Angeles following Harden’s 43-point game


Associated Press

Arkansas Razorbacks (5-1) vs. Illinois Fighting Illini (5-1)

Kansas City, Missouri; Thursday, 4 p.m. EST

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BOTTOM LINE: No. 19 Arkansas and Illinois square off in Kansas City, Missouri.

The Fighting Illini are 5-1 in non-conference play. Illinois is 5-1 in games decided by at least 10 points.

The Razorbacks have a 5-1 record against non-conference oppponents. Arkansas ranks seventh in the SEC shooting 35.5% from 3-point range.

Illinois scores 89.0 points, 29.8 more per game than the 59.2 Arkansas gives up. Arkansas has shot at a 50.3% rate from the field this season, 15.9 percentage points above the 34.4% shooting opponents of Illinois have averaged.

TOP PERFORMERS: Will Riley is shooting 54.8% from beyond the arc with 2.8 made 3-pointers per game for the Fighting Illini, while averaging 17.2 points and 5.3 rebounds.

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Boogie Fland is shooting 48.1% from beyond the arc with 2.2 made 3-pointers per game for the Razorbacks, while averaging 17.2 points, 5.5 assists and 2.2 steals.

___

The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.




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