In Springfield Tuesday, the attorney for former “Empire” actor Jussie Smollett asked justices to reverse his client’s 2021 disorderly conduct conviction for faking a hate crime outside his Streeterville apartment over five years ago.
Smollett’s attorney, Nenye Uche, argued that a previous agreement with the State’s Attorney’s office should have kept a trial from happening in the first place.
Uche told justices that Smollett and his previous attorneys had struck an agreement with Cook County State’s Attorney Kim Foxx that would have him surrender his $10,000 bond and perform community service in return for the actor not being prosecuted.
“Prosecutorial agreements that induce a defendant’s specific performance should be enforced,” Uche said. “Irrespective of how unpopular the defendant is in the public eye, a deal’s a deal.”
But the deputy special prosecutor in the case maintained the deal not to prosecute didn’t 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, expressed dismissal of charges with prejudice bars subsequent charges in a nolle pross situation,” Sean Wieber said.
Smollett’s attorney said both sides agreed they made an agreement, they just disagree about what it says.
“The critical piece that the courts have to look at is whether the defendant has completed his own part of the bargain. In this case, Mr. Smollett has given up his $10,000 bail bond. That’s a lot of money,” Uche said.
But prosecutors said Smollett has not paid the city of Chicago more than $130,000 in fines and restitution ordered by the courts, who said now is the time for this case to end.
“He doesn’t have anyone to blame but himself,” Wieber told the justices.
The Illinois Supreme Court justices said they will take the matter under advisement, with a decision possibly coming within the next three-to-four months.