Jussie Smollett’s decision to pursue an appeal after his hate crime hoax conviction was not the “wisest” move for the disgraced actor, an expert familiar with the case told Fox News Digital.
Smollett filed a petition on February 5 asking the Illinois Superior Court to intervene in the ongoing legal battle. The “Empire” actor’s staged hate crime conviction was upheld in December.
A jury earlier found Smollett guilty on five of six counts of disorderly conduct after a nearly two-week trial in 2021. Mr. Smollett, who is black and gay, reported the victim to Chicago police. racist and homophobic attacks In January 2019, by two men wearing ski masks.
“The smartest thing to do would have been to take the time and get behind him,” branding expert Eric Schiffer told Fox News Digital. “The moment he reconsiders the facts of the case that seriously damaged his trust with the public will further emphasize that he is a person who cannot be trusted by the public.”
Jussie Smollett’s conviction upheld by Illinois Court of Appeals
Jussie Smollett is appealing his hate crime trumped-up conviction again. The actor is asking the Illinois Supreme Court to hear his case. (Richard Shotwell/Invision/AP | AP Photo/Cheryl Cook)
“Instead, if he had taken the time, he could have reinvented himself and his story and started focusing on new things,” Schiffer added. This could include projects, community service, non-profits, but the “story” in that case is not “the overhang of how he tried to commit a huge fraud on the public.” there is no.
Smollett was convicted If convicted, he will be sentenced to 150 days in prison. The actor was also sentenced to 30 months of probation as a felon, paid $120,106 in restitution to the city of Chicago, and was fined $25,000.
How Jussie Smollett staged a hate crime hoax: Accomplice returns to crime scene
Jussie Smollett is led out of court after being sentenced on March 10, 2022. (Brian Cassella Pool/Getty Images)
The “Empire” actor wants his conviction overturned. “What should have been a simple case has been complicated by a mix of politics and public outrage,” Smollett’s lawyer said in his new filing.
They reiterated their argument in an earlier appeal that the 2021 trial violated the Fifth Amendment’s protection against double jeopardy, or being punished twice for the same crime. They said he had already done community service and forfeited his $10,000 bail as part of a 2019 agreement with the Cook County State’s Attorney’s Office to drop the original 16 disorderly conduct charges. said.
Like what you’re reading? Click here for more entertainment news
This booking photo provided by the Cook County Sheriff’s Office shows Jussie Smollett. (Cook County Sheriff’s Office, via AP)
“If you have the resources to fight a conviction, you should use those resources,” Eric Anderson, an attorney with Arley Sullivan Wright Geyser & McRae, told FOX News Digital.
“One of the problems with our justice system is that the ability to challenge is dependent on the defendant’s wealth or access to wealth, or the goodwill of those who are willing to work at a reduced burden or for free on the defendant. “, he added.
Anderson said there is a “50-50 chance” that Smollett’s conviction will be overturned. If the Illinois Supreme Court takes up Smollett’s case, it will likely focus on one of the five arguments behind Smollett’s appeal, legal experts explained.
Jussie Smollett speaks with Judge James Lynn after the verdict is read in court. (Brian Cassella/Chicago Tribune, Associated Press, via Pool)
Mr. Smollett’s lawyers argue that the state violated the Noll pro se agreement by re-indicting him on the hate crime hoax. The agreement said Mr. Smollett could perform community service, his bail would be forfeited and the case would be dismissed, as was his deferred prosecution. Instead, a grand jury reinstated his charges in 2020, and he was later convicted.
Anderson said the Illinois Supreme Court wants to answer questions surrounding this debate, such as “How much value can we rely on in our Nole Pros negotiations with the state? How detailed must the agreements be?” He pointed out that he may be thinking that.
Click here to sign up for our entertainment newsletter
Jussie Smollett continued to maintain his innocence throughout his trial, conviction, and appeal. (Amy Sussman)
Anderson said Smollett’s ongoing case “could be seen as a poison for incarceration,” but that having the conviction overturned “would be a big deal not only for his life, but for his career.” It could be a good thing,” he added.
“What he can do now, he can do the time later,” Anderson said. “After that, unless his case is overturned, his schedule will be wide open.”
Schiffer, chairman of reputation management consultants, believes Mr. Smollett can “rebuild himself” but that his reputation “needs time to heal.”
“Constantly reminding the public that what they’re trying to do is a huge fraud and scam is not the best strategy for rebuilding Hollywood,” he explained.
“He needs his memory to fade and the headlines and articles related to him are about things that will help him rebuild his life and help the community and new projects he may be involved in.” , and not further headlines related to his terrible choices.”
CLICK HERE TO GET THE FOX NEWS APP
The Associated Press contributed to this report.
