An appeals court ruled in favor of sending disgraced actor Jussie Smollett back to the slammer when they upheld his conviction for disorderly conduct on Friday.
The “Empire” actor was accused of fabricating a racist and homophobic attack against himself in 2019, then deceiving the Chicago police about it.
Initially, Smollett had reported to the police that he was attacked by two individuals wearing ski masks while walking home late at night after buying a sandwich from Subway.
He told police that the attackers called him bigoted and racist slurs, before yelling that Democratic Chicago was actually “MAGA Country.”
JUST IN: Hoaxer Jussie Smollett lost his appeal and is going back to jail after an appeals court affirmed his disorderly conduct conviction.
Good. Keep him there.
In December of 2021, Smollett was found guilty of 5 felony counts after he faked a hate crime to make Trump… pic.twitter.com/HozAXnfy40
— Collin Rugg (@CollinRugg) December 1, 2023
The search to locate the alleged attackers later transformed into an investigation of Smollett himself.
The sandwich actually led to the actor’s claim falling apart, when it became a key piece of evidence for cops.
Former Chicago Police Superintendent Eddie Johnson told NewsNationNow’s “Morning in America” that if the attack was legitimate, Smollett would have dropped his meal.
“He comes back and gets attacked in a hate crime, supposed hate crime, and during all this scuffle – they poured bleach on him and all of this,” he remarked.
“When he got up and went into his apartment building he still had that Subway sandwich with him. That doesn’t happen.”
Johnson pointed out that victims of assault typically drop what they’re carrying “because they’re afraid.”
Jussie Smollett heading back to jail. pic.twitter.com/MPHGLfASaS
— Giaa (@Gnomish21) December 1, 2023
“This guy had the sandwich in his hand, never been touched,” he continued.
“So that was a real tip and a clue to us that something was amiss.”
There were other holes in Smollett’s story, according to the former top cop.
Johnson noted that the date the incident occurred was a record low temperature for January and nearly no one was on the street in the sub-zero temperatures.
He also said that the actor was dubiously “nonchalant” about taking the noose that he claimed the attacks put around his neck off, waiting until he was in view of his apartment building’s camera’s to do so.
“I don’t think there are many Black people in America that would have a noose around their neck, and wouldn’t immediately take it off,” he said per Fox News.
Eventually, the alleged victim became a suspect, and Smollett was arrested on charges of organizing the entire incident.
According to authorities, Smollett paid two acquaintances from his work on “Empire,” which was filmed in Chicago. Prosecutors claimed that he instructed the individuals on what slurs to shout and to declare that he was in “MAGA Country,” referencing Donald Trump’s presidential campaign slogan.
In 2021, Smollett was found guilty by a jury on five out of six felony counts of disorderly conduct.
He was convicted of repeatedly lying to the police by telling an officer that he was a victim of a hate crime and battery, and repeating the allegations to two different detectives.
He was found not guilty of the sixth offense, telling the other detective that he was a victim of aggravated battery.
Smollett was initially sentenced to to a slap on the wrist of 150 days in jail, but was sprung by his lawyers after only serving six days when they filed an appeal.
His lawyers contested various aspects of the case, including the role of a special prosecutor, jury selection, and presented evidence, among other arguments.
However, the Illinois Appellate Court dismissed all of his challenges in a 2-1 opinion.
Appellate Justices David Navarro and Mary Ellen Coghlan found that Smollett’s rights weren’t violated when Special prosecutor Dan Webb was appointed to find out why the office of Cook County States Attorney Kim Foxx initially dropped the actor’s case.
Webb found that there were “substantial abuses of discretion” by the state’s attorney office, including phone calls to his famous sister, “Birds Of Prey” actress Journee Smollett.
Appellate Justice Freddrenna Lyle did not agree with her peers, and claimed it was “fundamentally unfair” to appoint Webb.
She also argued that Smollett had performed the community service the States Attorney’s office ordered as part of his 2019 plea deal.
“The record does not contain any evidence that (prosecutors) agreed Smollett would not be further prosecuted in exchange for forfeiting his bond and performing community service,” Navarro and Coghlan disagreed in the ruling.
As part of his sentence, Smollett is now required to complete the remaining 144 days of his initial jail sentence.
Lawyers representing Smollett claim he was railroaded by a prejudiced justice system and refused to stop fighting on his behalf.
“We are preparing to take this matter to the [Illinois] Supreme Court,” Smollett’s spokeswoman, Holly Baird said after the ruling.