CHICAGO — For the first time since his media-firestorm trial and conviction last year, Jussie Smollett is expected to return to Cook County court Thursday to learn his sentence for orchestrating a fake hate-crime attack that shocked the nation.
His supporters have sent a flood of letters to Judge James Linn applauding Smollett’s character and seeking leniency. City officials have written they hope Smollett is required to pay more than $130,000 in overtime costs police incurred while investigating the case.
Smollett was found guilty in December on five of six counts of disorderly conduct alleging he falsely reported to police that he was a victim of a hate crime in 2019.
The hearing, which is set for 1 p.m., is expected to first deal with Smollett’s long-shot effort to get the guilty verdict thrown out. Motions for a new trial are very rarely granted, but they offer a preview of the arguments that might be brought to a higher court if Smollett chooses to appeal his conviction.
After that, prosecutors and defense attorneys will have a chance to present witnesses and argue in favor of a lighter or heavier sentence. A few of Smollett’s supporters, including family members, are expected to speak or submit statements.
Ultimately, the sentencing decision is up to Linn, who will have a range of options. Smollett was convicted of Class 4 felonies, the state’s lowest-level felony category. The charges carry penalties of one to three years in prison, but also probation or conditional discharge, which is similar to probation but with less strict conditions. Linn also could require Smollett to pay a fine or restitution.
It is likely that if Smollett is sentenced on all five counts, the sentences will run concurrent with each other, but Linn would have the option to impose consecutive sentences if he determines it is necessary to protect the public from further criminal conduct by Smollett.
Courthouse observers have noted it seems unlikely that Smollett will be sentenced to prison time, given his relative lack of criminal history and nonviolent charges. But the case has been unpredictable from the start.
A jury convicted Smollett after an eight-day trial that attracted a maelstrom of national media coverage. Prosecutors successfully argued Smollett orchestrated a phony attack on himself in 2019 with the help of Abimbola and Olabinjo Osundairo, two brothers who testified that, at Smollett’s request, they yelled racist and homophobic slurs and tried to wrap a noose around his neck.
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