The "Empire" actor contends that he shouldn't have been charged with felony disorderly conduct in December 2021 due to a prior agreement with prosecutors to dismiss the initial indictment. This agreement reportedly involved Smollett performing community service and forfeiting his bond in exchange for dropped charges.
Smollett's legal team has taken the appeal to the Illinois Supreme Court after it was previously rejected by the Appellate Court of Cook County.
The actor gained notoriety in 2019 when he was found guilty of staging a homophobic and racist hate crime against himself and subsequently filing a false police report.
Amidst the legal proceedings, Smollett's lawyers argue that the case has been complicated by political factors and public outrage.
During the investigation, Chicago police determined that Smollett had hired brothers Abimbola and Olabinjo Osundairo to carry out the fabricated attack.
Smollett was convicted on multiple counts of disorderly conduct and sentenced to 150 days in jail, felony probation, restitution to the City of Chicago, and a fine. However, he only served a fraction of his sentence before filing an appeal.
Now, with the denial of his appeal by the Appellate Court of Cook County, Smollett may face the prospect of completing the remainder of his sentence.
During the sentencing hearing, Smollett vehemently proclaimed his innocence and expressed concerns for his safety while in custody.
Initially, Smollett reported to Chicago police that he had been assaulted by two masked individuals on a dimly lit street. He claimed they had placed a noose around his neck, poured chemicals on him, and hurled racist and homophobic slurs while expressing support for then-President Donald Trump.
The individuals alleged to have carried out the attack, Nigerian brothers Abel and Ola Osundairo, testified in court that Smollett had hired them to stage the incident in a bid to enhance his public image.
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