Attorneys for actor Jussie Smollett on Wednesday filed an appeal of his conviction on charges he perpetrated a hate crime hoax in 2019, asking for a new trial and saying his 150-day jail sentence was “excessive,” according to WGN-TV.
The court document also noted that Smollett’s prosecution violated his due process rights, in part by not enforcing what his attorneys describe as a binding non-prosecution agreement, CNN reported.
Smollett served five days of the sentence before he was released last year pending his appeal.
The “Empire” actor claimed he had been assaulted by two men as he went out for food around 2 a.m. on Jan. 29, 2019, in Chicago. According to Smollett, the men shouted homophobic and racist slurs, put a rope around his neck and poured a chemical substance on him.
After nearly a month-long investigation, law enforcement authorities said Smollett paid two brothers who were extras on the “Empire” sent $3,500 to stage the assault that he reported to the police. He was arrested and charged with lying to the police.
He was convicted in December 2021 and sentenced to 150 days in jail. Smollett was also ordered to pay $120,000 in restitution to the Chicago Police Department for its overtime costs, plus he was fined $25,000
According to Smollett’s attorneys, Illinois law does not allow the police department to be considered a “victim,” so restitution should not have been ordered, according to Variety.
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