Jussie Smollett scheduled to be sentenced for lying to police in hate crime hoax

Smollett, 39, was found guilty in December on five counts of felony disorderly conduct for making false reports about what he said was an anti-gay and anti-Black hate crime.

Celebrities and politicians rushed to defend him publicly, and Chicago police investigated the case as a possible hate crime. But they soon determined the actor orchestrated the incident and paid two brothers he knew from the Fox drama “Empire” to stage the incident for publicity.

A disorderly conduct charge for a false crime report is a class 4 felony in Illinois, each punishable by up to three years in prison and a $25,000 fine.

Cook County Judge James Linn has discretion in imposing a concurrent or consecutive sentence for each of the five counts. He is allowed to sentence Smollett to probation, conditional discharge, community service, restitution or a combination. Conditional discharge is a release with stipulations but without probational supervision.

At the hearing Thursday afternoon, attorneys are first expected to argue before Judge Linn over the actor’s request to toss the verdict or grant him a new trial.

Smollett’s attorney Mark Lewis had filed a dozen arguments for the actor’s request last month, including the defense’s contention that it was improperly prevented from asking questions of potential jurors during the jury selection process. At the time, Linn ruled only he would ask questions, and not the defense or prosecution.

If Linn denies Smollett’s request or defers a ruling, sentencing will proceed. Smollett’s defense attorneys also have said they intend to appeal the verdict.

What the case was about

The sentencing is the latest event in a winding case entangled in issues of racism, homophobia, celebrity, policing and fraud.

After police determined his reports were false, Smollett was indicted in March 2019 on 16 counts of felony disorderly conduct. But Cook County State’s Attorney Kim Foxx’s office dropped all charges weeks later, saying he did community service, would not get his $10,000 bond back, was no danger to the community and had no prior felonies.