Jussie Smollett sentenced to 150 days in jail for fake ‘hate’ attack
Jussie Smollett maintained his innocence during his sentencing hearing 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. Mr Linn denied a request to suspend Smollett's sentence andorderedhebeplacedincustody immediately.
Smollett was also ordered to pay $120,106 (£91,281) in restitution to the city of Chicago.
Smollett loudly declared his 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.
Mr Linn excoriated Smollett prior to delivering his sentencing decision and pronounced himselfastoundedbysmollett's actions given the actor's multiracial family background and history working on behalf of social justice organisations.
"For you now to sit here, convictedofhoaxing,hatecrimes... the hypocrisy is just astounding," Mr Linn said.
Before Mr Linn handed down thesentence,smollett'sdefence attorney Nenye Uche asked Mr Linn to limit the sentence to community service. He said Smollett "has lost nearly everything"inhiscareerandfinances andaskedthatmrlinngivehim timetomakerestitutionifthatis part of the sentence.
Witnesses for both the state andsmolletttestifiedathissentencing. Chicago Police Superintendent David Brown, who was called by the state, submitted a statement that said the actor's false report of a hate crime harmed "actual victims" of such crimes.
Smollett'sgrandmother,testifying for the defence, asked Mr Linn not to include prison time in his sentence.
"I ask you, judge, not to send him to prison," Molly Smollett, 92, told the court. She later added: "If you do, send me along with him, OK?"
Othersupportersspokeabout
worries that Smollett would be at risk in prison, specifically mentioninghisrace,sexualorientationandhisfamily'sjewish heritage.
Smollett declined to make a statement at the hearing. His decision came after special prosecutor Dan Webb asked Mr Linn to include "an appropriate amount of prison time" when sentencing the actor for his conviction.
Smollett faced up to three
years in prison for each of the five felony counts of disorderly conduct - the charge filed for lying to police - of which he was convicted. He was acquitted on a sixth count.
Butbecausesmollettdoesnot have an extensive criminal history and the conviction is for a low-level nonviolent crime, experts did not expect him to be sent to prison.
S entencing could be the final chapter in a criminal case,
subject to appeal, that made international headlines when Smollett, who is black and gay, reportedtopolicethattwomen 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.