A court has sentenced Jussie Smollett to 150 days in prison, dubbing him a narcissistic charlatan for inventing a hate crime against himself to garner attention while the United States grappled with terrible issues of racial injustice. Smollett answered furiously, asserting his innocence and implying that he would be murdered in jail.
The sentencing and Smollett's post-hearing outburst brought to a close an hours-long hearing Thursday (local time) and more than three years of legal drama surrounding Smollett's claim of being the victim of a racial and homophobic attack.
Smollett declined to speak when given the option before the judge announced the punishment, stating that he was following his attorney's advice. However, following Cook County Judge James Linn's judgment, Smollett removed the face mask he had worn during the hearing to proclaim his innocence.
"If I did this, it means that I pushed my fist into the fears of over 400 years of Black Americans in this country, as well as the fears of the LGBT community "Smollett stated as he stood at the defense table surrounded by his attorneys and sheriff's deputies. "Your Honor, I respect you and I respect the jury, but I did not do this. Additionally, I am not suicidal. And if something happens to me while I'm in there, it's not my fault. And you must all be aware of this."
Smollett cried out again as deputies escorted him out of the courtroom.
"I am blameless, "He screamed, his fist raised. "I could have admitted guilt long ago."
Smollett was sentenced to 30 months of felony probation, with 150 days served in Cook County Jail, and forced to pay the city of Chicago US$120,106 (about NZ$175,000) in restitution and a US$25,000 fine.
Special prosecutor Dan Webb urged Linn to sentence the actor to "an appropriate amount of time in prison" following his conviction on five counts of disorderly behavior.
"Through his actions, he denigrated hate crimes, "Webb stated following the hearing. "His behavior will deter other victims of hate crimes from coming forward and reporting such crimes to law enforcement."
Smollett's attorneys argued that he had already been penalized by the criminal court system and suffered professional damage.
Family relatives concurred with those remarks.
"I implore you, judge, do not send him to prison," his 92-year-old grandmother, Molly Smollett, implored the court. "If you do," she later added, "send me along with him, all right?"
Additionally, Smollett's attorneys read aloud letters from other supporters, including the NAACP's president, the Rainbow PUSH Coalition, and actresses LaTanya and Samuel L Jackson, pleading with Linn to consider the case's impact on Smollett's life and career.
Numerous fans expressed concern about Smollett's safety in prison, citing his color, sexual orientation, and Jewish ancestry.
Linn stated that he considered Smollett's earlier labor for and financial support of social justice organizations. However, Linn condemned Smollett as a narcissist and expressed surprise at the actor's actions, given the actor's multiracial family background and involvement in social justice work.
"The harm you've done to yourself is far greater than anything I could do to you," Linn stated. "You are now a convicted felon on a permanent basis."
Nenye Uche, Smollett's attorney, said he would request that the jail retain Smollett in protective custody and appeal both the verdict and the judge's sentence.
Uche stated that he would not anticipate Linn including jail time, but Smollett did.
"He stated, 'Because I am a Black man, regardless of how successful I have become, I am Black.' "Uche stated to reporters following the hearing.
According to a spokesman for the Cook County Sheriff's Office, Smollett will undergo a comprehensive medical, mental health, and security assessment, a routine procedure.
Linn denied a defense motion to vacate the jury's verdict on legal grounds before the sentence part of the hearing, and judges rarely grant such motions.
Smollett faced a maximum sentence of three years in jail on each of the five felony charges of disorderly conduct — the charge filed for lying to police – for which he was convicted. On a sixth count, he was acquitted.
However, experts predicted he would avoid prison because Smollett does not have a lengthy criminal history, and the conviction is for a low-level, nonviolent crime.
Thursday's sentencing, which is appealable, is the latest chapter in a criminal case that garnered international attention after Smollett reported to police that two men dressed in ski masks beat him and hurled racial and homophobic slurs at him on a dark Chicago street before fleeing.
The Cook County State's Attorney, Kim Foxx, had faced criticism for her office's decision to dismiss first charges against Smollett. On Thursday, Foxx slammed a "relentless, organized, and effective" pursuit of Smollett while other severe crimes remained unsolved or unresolved.
"Just because we disagree with the outcome does not mean we should bully prosecutors and circumvent the legal process to have it changed," Foxx wrote in a Chicago Sun-Times essay. "Smollett was indicted, tried, and convicted in a matter of months by a kangaroo prosecution."
The second case was prosecuted by specially appointed prosecutors appointed by the court, and Smollett was convicted in December. Two brothers testified that Smollett paid them to carry out the attack, provided them with ski masks and rope, and instructed them to fashion the rope into a noose. Prosecutors allege that he instructed them on which racist and homophobic slurs to shout and shout that Smollett was in "MAGA Country," a reference to Donald Trump's presidential campaign slogan.
Smollett, who knew the individuals from his work on the Chicago-based television show Empire, claimed that he did not recognize them and was unaware they were the men attacking him.
Unlike during the trial, Linn consented to allow photographers and a television camera into the courtroom for the hearing, allowing the public to see and hear Smollett speak for the first time in public.