An Illinois appeals court on Friday upheld Empire star Jussie Smollett’s disorderly conduct conviction for filing a false report with Chicago police, claiming he was the victim of a hate crime.
The judges on the appeals panel ruled 2-1, according to court documents obtained by Fox News Digital. Justice David Navarro and Justice Mary Ellen Coghlan agreed to uphold the conviction, while Judge Freddrenna Lyle dissented.
Smollett’s rep, Holly Baird, said the actor plans to appeal the decision.
“We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett,” Baird said. “We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence.”
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Smollett was found guilty in December 2021 on five counts of disorderly conduct. He testified in his own defense and denied any involvement in the staged hate crime plan.
The actor spent six days in jail before being released pending his appeal. After Friday’s decision, he could soon be ordered back to jail to complete his 150-day sentence.
The actor and singer’s legal saga began in the early morning hours of Jan. 29, 2019, when he claimed “two unknown offenders” approached him after he left a Subway sandwich shop.
Smollett told police he was beaten, doused with bleach, and had a rope wrapped around his neck as the assailants yelled “racial and homophobic” slurs, and shouted “this is MAGA country,” referring to former President Donald Trump’s “Make America Great Again” campaign slogan.
Two weeks later, Chicago police arrested two brothers — who were friends with Smollett — for carrying out the attack and accused the actor of staging the crime for attention.
“Empire actor Jussie Smollett took advantage of the pain and anger of racism to promote his career,” then-Chicago police Superintendent Eddie Johnson told reporters at the time.
Johnson said Smollett orchestrated the attack because he wanted attention and was “dissatisfied with his salary” on Empire.
The two brothers, Ola and Abel Osundairo, later went public. They admitted the whole thing was a hoax and said they were paid by Smollett.
The actor was originally charged with 16 counts of disorderly conduct for filing a false police report before prosecutors dropped the charges. Cook County State’s Attorney Kim Foxx later faced backlash for the way the case was handled.
Amid the controversy, special prosecutor and former U.S. Attorney Dan Webb was brought in to take over the case and new charges were filed, leading to Smollett’s conviction.
