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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

How To Watch Illinois vs. USC: Game Time, Odds, TV Channel & Online Streaming

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How To Watch Illinois vs. USC: Game Time, Odds, TV Channel & Online Streaming


How to Watch No. 13 Illinois vs. USC

Game Time: 11 a.m. Saturday

TV Channel: Big Ten Network

Online Streaming: FoxSportsGO

Radio: All Illinois basketball games air live on radio in the Champaign (WDWS-AM 1400) and Chicago (WLS-AM 890) markets. The game will also be broadcasted on other networks throughout the state; check the Fighting Illini Radio Network for more information.

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Odds: N/A

Quick Hits

Illinois Fighting Illini (12-3, 4-1 Big Ten)

Head Coach: Brad Underwood (8th Season)

Last Game: 91-52 win over Penn State

Gameday Reading:

USC Trojans (9-6, 1-3 Big Ten)

Head Coach: Eric Musselman (1st season)

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Last Game: 82-69 loss to Indiana

What Happened The Last Time These Two Played?

Nov. 19, 2012: Illinois 94, USC 64

LAHAINA, Hawaii — Brandon Paul scored 26 points and Illinois used a hot first half to ride to an easy 94-64 win over USC Monday night at the Maui Invitational.

Illinois shot just under 69 percent in the first half on its way to a 31-point lead at the break. USC pulled no closer than 18 points in the second half despite some sloppy play from Illinois, which finished with 20 turnovers.

The Illini (4-0), who never trailed, also got 13 points from DJ Richardson, 11 from Tracy Abrams and 10 from Tyler Griffey.

USC (2-1) was led by Eric Wise with 13 points.

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Illinois plays host team Chaminade on Tuesday. The Division II school knocked off Texas earlier Monday.


By the way, this is weird. Our “GameThread” on TCR (it’s something we used to do for games, you may remember), included this:

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“By the time this game is over both USC and the entire state of Hawaii may be in the Big Ten.”

Uhhhhh, good call, Tom Fornelli!



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Thornton grad Morez Johnson has career-high 20 points as No. 13 Illinois routs Penn State

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Thornton grad Morez Johnson has career-high 20 points as No. 13 Illinois routs Penn State


Ben Humrichous scored a season-high 21 points, Thornton grad Morez Johnson Jr. had a career-high 20 points with 11 rebounds and No. 13 Illinois beat Penn State 91-52 on Wednesday night at State Farm Center in Champaign for its fifth consecutive victory.

Tre White also had 20 points to help Illinois (12-3, 4-1 Big Ten) win with scoring leader Kasparas Jakucionis sidelined by a bruised forearm.

Penn State star Ace Baldwin Jr. aggravated a back injury early in the first half and didn’t play in the second half. He didn’t score, missing all six of his shots.

Nick Kern Jr. had 13 points for the Nittany Lions (12-4, 2-3). Zach Hicks added 11.

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Takeaways

Illinois: After sweeping No. 9 Oregon and Washington on a West Coast trip, Illinois was tasked with beating nemesis Penn State without Jakucionis, whose absence was announced just before the game. Humrichous and Johnson made up for the loss of Jakucionis.

Penn State: The Nittany Lions came into the night as the 10th-highest scoring team in the nation, averaging 86.8 points. They had scored a program record 80-plus points in six straight games. Penn State shot 31% against Illinois.

Key moment

A 21-2 Illini run in the first half gave them a 26-13 lead. Penn State missed nine straight shots during the stretch, going 7:56 without a field goal.

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Up next

Illinois: Hosts Southern California on Saturday.

Penn State: Hosts No. 9 Oregon on Sunday.





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Freshly inaugurated Illinois legislators meet 'critical moment' after lame-duck infighting

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Freshly inaugurated Illinois legislators meet 'critical moment' after lame-duck infighting


SPRINGFIELD — After closing out a lame-duck legislative session tainted by internal strife, Illinois Democrats heralded a fresh start Wednesday as the latest class of the Illinois General Assembly enters a daunting budget season and prepares for the second presidency of Donald Trump.

“We meet here this afternoon at a critical moment in the history of our state and our country, and as the elected leaders from our communities, we have some difficult things to do in the days and months ahead,” Illinois House Speaker Emanuel “Chris” Welch said at his chamber’s inauguration ceremony at the University of Illinois-Springfield.

“Trying to build connection, compassion and community in a time fraught with division and discord — these are challenges created and exacerbated by many factors beyond our control,” Welch said, nodding toward a second Trump administration at odds with Illinois’ supermajority Democratic Party. “The people who sent you here, who gave us this moment, expect us to move forward as one.”

But the Hillside Democrat’s caucus saw discord of its own in a lame-duck session confrontation that enraged Gov. JB Pritzker.

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Several House Democrats shouted down Pritzker agency heads during a Monday caucus meeting over a controversial hemp regulation bill, in a heated encounter that ended with at least one staffer in tears and one of Pritzker’s top legislative priorities tanked.

The governor’s office criticized Welch for allowing the berating to happen, while Pritzker publicly slammed Welch for not calling a floor vote for the bill that would have effectively banned most sales of hemp-derived THC products like delta-8.

Pritzker demanded apologies to his staff, and on Wednesday he said “a little of that has happened,” while downplaying the possibility of any bad blood transitioning to the new legislative session as lawmakers grapple with an estimated $3 billion budget deficit.

“Every day is a new day to do the right thing,” Pritzker told reporters after presiding over the Illinois Senate’s inauguration. “People can make mistakes, and certainly mistakes were made and behavior was improper during that caucus. But people can make amends and we can all get along.”

Senate President Don Harmon preached a similar message of unity as he was sworn in for a third full term at the helm of the upper chamber. He advised his colleagues to “treat your neighbors well, stay humble [and] be kind.”

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Illinois Senate President walks to his chamber’s rostrum during the Senate inauguration on Wednesday.

Mitchell Armentrout/Sun-Times

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“Your seatmates, the members of your caucus, are your neighbors in the Senate. Your time here will be much more pleasant if you are good to them,” Harmon said inside a newly renovated chamber. “The Senate is an active laboratory for coalition building. Forge those bonds and look out for one another.”

Neither leader, nor Pritzker, went far into specifics on their legislative agendas heading into the spring session. While lawmakers ended the previous General Assembly without advancing legislation intended to preempt policies from the incoming Trump administration, “we’re all going to have to be on guard for what the impact of that will be in the state of Illinois,” Pritzker said.

He suggested Trump tariff policies and potential Medicaid cuts could exacerbate the state’s looming budget deficit.

“We don’t know what they’re going to do,” Pritzker said. “We know that we have a gap that we need to fill or that we need to manage in order to have a balanced budget, and I’m confident that we will do that. But it is true that there’s some unpredictable results that may come from Washington.”

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Gov. JB Pritzker presides over the Illinois Senate inauguration on Wednesday.

Gov. JB Pritzker presides over the Illinois Senate inauguration on Wednesday.

Mitchell Armentrout/Sun-Times

The governor has until the end of May to hammer out a budget with lawmakers. He’ll deliver his initial proposal next month.

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Other legislators floated their priorities for the upcoming session, including South Side state Rep. Kam Buckner, D-Chicago, who highlighted the need for a broad transit funding reform bill to avert a fiscal cliff; and Rep. Bob Morgan, D-Deerfield, who wants to add safeguards around the use of artificial intelligence in health care.

Republicans, who remain relegated to superminority status in Springfield, voiced frustration with the Democrats’ iron grip on the State Capitol.

“Illinois is a great place to live, and Illinois has always been a state of possibilities, but one-party control has stifled that success,” said House Minority Leader Tony McCombie. Republicans have been outnumbered in the House since 1994, and the Senate since 2000.

“I, like many, was disappointed with our election outcomes, and the ability for us to secure more Republican seats to bring some balance to the General Assembly,” McCombie said. “However, this was not due to a lack of good candidates or hard work, but due to special interests and Illinois’s gerrymandered maps, the most outrageous maps in the nation.”

With over $600 million raised in campaign contributions across all political campaigns in 2024, neither party had much to show for their time and money. The state House and Senate saw no party gain or lose a seat, as Democrats held onto their bicameral supermajority for four straight elections.

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Republican Senate Minority Leader John Curran offered a cooperative hand in his chamber, praising Harmon “for making the table more open to the minority party. I look forward to that continued inclusion in the upcoming session.”

Illinois senators returned to their Capitol chamber for the first time in two and a half years Wednesday following renovations.

Illinois senators returned to their Capitol chamber for the first time in two and a half years Wednesday following renovations.

Mitchell Armentrout/Sun-Times

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