In Springfield Tuesday, the attorney for former “Empire” actor Jussie Smollett asked a judge to throw out his client’s 2021 disorderly conduct conviction for faking a hate crime outside his Streeterville apartment more than five years ago.
Smollett’s lawyer, Nenye Uche, argued that a previous agreement with the state attorney’s office should have prevented a trial from happening in the first place.
Uche told jurors that Smollett and his former attorneys had struck a deal with Cook County State’s Attorney Kim Foxx that would have him post his $10,000 bond and perform community service in exchange for the actor not being charged.
“Prosecution agreements that elicit specific performance by an accused should be upheld,” Uche said. “No matter how unpopular the defendant is in the public eye, a deal is a deal.”
But the assistant special prosecutor in the case maintained that the no-prosecution deal did not go far enough and allowed Special Prosecutor Dan Webb to convene a grand jury and file a new case against the “Empire” star.
“Only a clear, express dismissal of charges with prejudice prevents subsequent charges in a zero pross situation,” Sean Wieber said.
Smollett’s attorney said both sides agreed they made a deal, they just disagree on what it says.
“The critical piece that the courts have to look at is whether the defendant has fulfilled his or her part of the settlement. In this case, Mr. Smollett gave up his $10,000 bond. That is a lot of money,” said Uche.
But prosecutors said Smollett has not paid the city of Chicago more than $130,000 in fines and restitution ordered by the courts, which said it is now time for this case to end.
“He has nobody to blame but himself,” Wieber told the judges.
The justices of the Illinois Supreme Court said they will take the case under advisement, with a decision possibly coming within the next three to four months.