Jussie Smollett is asking the Illinois Supreme Court to throw out his 2021 conviction for lying about being the victim of a hate crime in 2019, arguing his trial violated his constitutional protections against double jeopardy.
TMZ reports, Special prosecutor Dan Webb — who convicted Jussie for lying to cops about the hate crime hoax — is responding to Jussie’s motion to have the IL Supreme Court review his case and overturn the conviction … and says JS’s claim he had an agreement in place to avoid prosecution simply doesn’t hold water.
As we reported, Jussie claims he struck a deal with the Cook County State’s Attorney’s Office — he would do volunteer community service and forfeit his bond, and in return, prosecutors would drop the charges.
However, Webb says that “agreement” was “imaginary” on Smollett’s part, and it did not insulate him from facing charges at a later date. Webb also shoots down Jussie’s claim he’s a victim of double jeopardy — pointing out the legal term doesn’t apply in this case.
In docs, obtained by TMZ, the special prosecutor says protection from double jeopardy is “triggered only after the accused has been subjected to the hazards of trial and possible conviction.”
Webb says the initial charges were dropped a mere 12 days after Jussie was arraigned … so, long before there was a jury impaneled, any witnesses sworn in or evidence produced.
Special prosecutor Webb’s overall point … Jussie’s case isn’t worthy of an IL Supreme Court review. Webb would like to see the high court reject his bid for appeal, opening the door for Jussie to complete his 150-day sentence … of which he’s only served 6, so far.
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