CHICAGO — Jussie Smollett — the former “Empire” actor convicted last year of staging a racist, homophobic attack on himself and then lying to Chicago police about it — will be sentenced by a Cook County judge Thursday, ending another chapter in one of the most high-profile disorderly conduct cases in Chicago’s history.
Smollett’s punishment will be meted out by Judge James Linn, who presided over Smollett’s eight-day trial in November and December 2021 when the actor was found guilty on five counts of disorderly conduct — a low level felony charge in Illinois that carries a maximum of three years in prison.
With Smollett’s minimal criminal history, experts say a prison sentence is not likely. A sentence of probation, community service or a fine, however, is in play.
During the hearing, Judge Linn denied the defense’s motion for a new trial.
“We’ve been talking about these very issues for the last couple of years,” Linn said. “I’ve never had a case that’s been pled as exhaustively as this one.”
Smollett testified in his defense during last year’s trial and he steadfastly denied any involvement in the phony hate crime plan. After he was convicted, Smollett’s lead defense attorney, Nenye Uche, vowed to appeal.
At Thursday’s hearing, Smollett will once again have the chance to address the court. Unlike the trial, though, Linn will this time allow news cameras inside his courtroom to broadcast the proceedings.
While Thursday’s sentencing hearing could mark the end of Smollett’s criminal case, two federal lawsuits tied to the case are still proceeding.
In one suit, the city is seeking to recoup $130,000 that was spent on police overtime costs incurred during the initial “hate crime” investigation.
Another suit was filed against former Smollett attorney Mark Geragos and current Smollett attorney Tina Glandian by Abimbola and Olabinjo Osundairo — brothers who were star witnesses for the prosecution in Smollett’s criminal trial. The brothers allege that the two attorneys made several defamatory statements. Both lawsuits are still pending in federal court in Chicago.
In the early hours of Jan. 29, 2019, Smollett reported to police that he was the victim of a racist, homophobic attack near his Streeterville apartment. Smollett told police that he was targeted by two males who yelled slurs while one punched him in the face and another put bleach on him and a rope around his neck.
The reported attack quickly garnered international media attention, though it was also fodder for comedians and late-night television hosts.
Just weeks after he reported the attack to police, prosecutors approved disorderly conduct charges against Smollett.
Former CPD Supt. Eddie Johnson lambasted Smollett, telling reporters: “How can an individual who’s been embraced by the city of Chicago turn around and slap everyone in this city in the face by making these false claims?”
However, those charges against Smollett were quickly dropped in late March, infuriating Chicago leaders. Former Mayor Rahm Emanuel called the decision “a miscarriage of justice.”
Cook County Judge Michael Toomin in June 2019 found that irregularities in the case warranted a special prosecutor. Toomin appointed Dan Webb — the chair of Chicago law firm Winston & Strawn and a former U.S. Attorney — as special prosecutor in the case in August 2019.
A year later, Webb found “abuses of discretion” by the state’s attorney’s office.
Webb brought a new set of disorderly conduct charges against Smollett in February 2021.
Smollett was written out of “Empire,” and he testified last year that his career as an actor was derailed by the ordeal.