Jussie Smollett Will face a Chicago trial jury starting in late November after a judge denied him The latest motion to dismiss charges of disorderly conduct stemming from a hate crime stemming from an alleged fraud reported in 2019.
During a virtual hearing mostly behind closed doors in Chicago on Friday, Judge James Lynn allowed one of the newest members of Smollett’s vast team of defense attorneys, give idea, to plead for dismissal again.
In one of his most passionate arguments, Uche said that Smollett was offered A non-prosecution deal by previous prosecutors at the Cook County state attorney’s office and that Smollett had put his side of the bargain, had already done community service and left a $10,000 bond as part of the deal.
Uche argued that “being brought back to court again” was a violation of his due process rights.
“It’s as clear as day – this case should be dismissed because of an immunity agreement,” Uche said. “A deal is a deal. This is the ancient principle.”
Uche said the state should not be rewarded for “betraying the people”, promises that were not fulfilled.
Sean Weber, an attorney with the special prosecutor’s office, said Uche’s argument “could be summarily dismissed.”
“We’ve already dealt with it,” he said. “What we haven’t heard today changes a quota (of the case). It can be comfortably denied.”
Judge Lin agreed. He said that he had read the brief description of Uche and concluded that he had already dealt with past proposals for dismissal Citing similar arguments to Uche’s by earlier lawyers.
“I am rejecting the motion to dismiss,” he said.
Smollett’s in-person trial is set to begin on November 29 in Lynn’s courtroom, which will be open to the public and the press but closed to media cameras.
Smollett, 39, has pleaded not guilty to the charges.
Former “Empire” star is accused of lying to police and filing a false report about being Victims of a racist, anti-gay attack in the city of Chicago in January 2019, where “Empire” was filmed.
In addition, he is still fighting a civil suit from the City of Chicago, which claims he owed him more than $130,000 to cover police overtime costs during the investigation of his case.
The police initially considered Smollett a victim, then became suspected it was a hoax and arrested him.
A few weeks later, Cook County State Attorney Kim Foxx’s office, who had isolated himself After a conversation with a member of Smollett’s family, Preliminary charges against Smollett dropped, setting off a tsunami of outrage by the police, politicians and the public.
finally a special prosecutor, former federal prosecutor Dan Webb, was appointed to look into whether Smollett should be recharged and whether Foxx or his prosecutors had acted improperly. He concluded that Foxx and his office had done nothing criminal but abused their discretion and made false statements about the case.
Webb revives charges against Smollett, Leading up to the trial that took place nearly three years later.