SMOLLETT TEAM FILES BRIEF AFTER FIVE EXTENSIONS

Attorneys for Jussie Smollett have finally filed their opening arguments as they seek to overturn the disgraced actor’s conviction a year ago for lying when he claimed to be a victim of a hate crime.

The brief was filed just before 9 p.m. Wednesday, hours before the court’s deadline. The three-judge appellate panel had granted a fifth extension to Smollett’s attorneys in January to file their arguments but warned it would be the last.

Smollett, who is Black and gay, was convicted of five counts of disorderly conduct for lying to police when reporting he was the victim of a racist and homophobic attack by two men in January 2019 in Streeterville. Prosecutors have said the “Empire” actor orchestrated the hoax for publicity

Smollett was fined and sentenced nearly a year ago to probation, with the first 150 days to be served at the Cook County Jail. But he only spent six days behind bars before being released pending the appeal.

In the new filing, Smollett lawyers returned to arguments that were rejected ahead of trial by Judge James Linn, who presided over the case.

The brief states the actor’s right to due process was violated because he was prosecuted a second time by a special prosecutor after reaching an agreement with the Cook County state’s attorney’s office that led to his initial charges being dropped in 2019 in consideration of his community service and turning over his $10,000 bond to the city of Chicago.

The Office of the Special Prosecutor has repeatedly said in previous filings that those arguments are beyond the scope of Smollett’s appeal.

The brief also argues Smollett’s rights were violated many times at trial, including when prosecutors were allowed to reject a gay person and all but one African American from the jury. The filing also cites alleged bias by the judge, including his “uninvited commentary.”

Since his release, Smollett has announced his directorial debut with the film “B-Boy Blues” but has had no new acting credits.