Smollett sentenced to 150 days in jail in fake attack
CHICAGO — Jussie Smollett maintained his innocence during his sentencing hearing Thursday after a judge sentenced the former “Empire” actor to 150 days in jail for lying to police about a racist and homophobic attack that he orchestrated himself.
Cook County Judge James Linn sentenced Smollett to 30 months of felony probation, including 150 days in the county jail. Linn denied a request to suspend Smollett’s sentence and ordered he be placed in custody immediately.
Smollett was also ordered to pay $120,106 in restitution to the city of Chicago.
Smollett loudly declared innocence after the sentence. “I am innocent. I could have said I am guilty a long time ago,” Smollett shouted as sheriff’s deputies led him out of the courtroom, capping an hourslong sentencing hearing.
Linn excoriated Smollett prior to delivering his sentencing decision and pronounced himself astounded by Smollett’s actions given the actor’s multiracial family background and history working on behalf of social justice organizations.
“For you now to sit here, convicted of hoaxing, hate crimes … the hypocrisy is just astounding,” Linn said.
Before Linn handed down the sentence, Smollett’s defense attorney Nenye Uche asked Linn to limit the sentence to community service. He said Smollett “has lost nearly everything” in his career and finances and asked that Linn give him time to make restitution if that is part of the sentence.
Witnesses for both the state and Smollett testified at Smollett’s sentencing at the Cook County Courthouse. Chicago Police Supt. David Brown, who was called by the state, submitted a statement that was read aloud by Samuel Mendenhall, a member of the special prosecution team.
In the statement, Brown, who became superintendent in April 2020 and wasn’t with the city at the time of Smollett’s police report, said Smollett’s false report of a hate crime harmed “actual victims” of such crimes. Brown asked that the city be compensated for its costs, saying the cost of investigating his claim could have been spent elsewhere in the city.
Thursday’s sentencing could be the final chapter in a criminal case, subject to appeal, that made international headlines when Smollett, who is Black and gay, reported to police that two men wearing ski masks beat him, and hurled racial and homophobic slurs at him on a dark Chicago street and ran off.
In December, Smollett was convicted in a trial that included the testimony of two brothers who told jurors Smollett paid them to carry out the attack, gave them money for the ski masks and rope, instructed them to fashion the rope into a noose. Prosecutors said he told them what racist and homophobic slurs to shout.
Smollett, who knew the men from his work on the television show “Empire” that filmed in Chicago, testified that he did not recognize them and did not know they were the men attacking him.