Jussie Smollett sentenced to 150 days in jail for hate crime hoax

"Obviously, it was a very surprising moment – everyone in the gallery there really shocked to see that happen, to play out. You know, typically, when a judge hands down a sentence and a defendant is ordered to serve time in jail, it's a pretty routine, mundane moment. But this was anything but. Along with Jussie Smollett obviously having his outburst in court, his family also stood up – some members of his family and shouted back. So just a wild scene inside court today."

Upon ordering the sentence for Jussie Smollett, Judge James Linn ordered that Smollett would be taken into custody "right here, right now."

Judge Linn advised that Smollett may file a notice of appeal of his sentence. Smollett defense attorney Tamara Walker asked to have Smollett's jail sentence suspended in light of the notice of appeal. Judge Linn refused.

Smollett defense attorney Mark Lewis then asked for a stay that would delay the sentence. Judge Linn again said no.

"The wheels of justice turn slowly, and sometimes the hammer of justice has to fall – and it's falling right here, right now," Judge Linn said.

Shortly afterward, Linn announced that Linn would be remanded to the custody of the Cook County Sheriff – and he was taken away.

Upon being escorted from the courtroom to go to jail, Smollett raised his fist and yelled: "I am not suicidal! I am not suicidal, and I'm innocent! I could have said that I was guilty a long time ago!"

Smollett's latest mug shot was released Thursday night.

Calling former "Empire" actor Jussie Smollett, "a charlatan pretending to be a victim of a hate crime," a Cook County judge on Thursday sentenced him to 150 days in jail.  

Judge James Linn sentenced Smollett to 30 months' probation, and said he will be required to spend the first 150 days in jail, beginning immediately. He also ordered Smollett to pay $120,106 in restitution to the city and fined him $25,000.  

After announcing the sentence, Linn asked Smollett if he had any questions, to which Smollett said, "No, I would just like to say to your honor that I am not suicidal. That's what I would like to say."

 "I am not suicidal. I am innocent, and I am not suicidal. If I did this, then it means that I stuck my fist in the fears of Black Americans in this country for over 400 years, and the fears of the LGBT community," Smollett said. "Your honor, I respect you, and I respect the jury, but I did not do this. And I am not suicidal, and if anything happens to me when I go in there, I did not do it to myself, and you must all know that. I respect you, your honor, I respect your decision."

"Jail time?" he added, with a shake of his head and a clap of his hands, "I am not suicidal."

Earlier, Linn said, while the Class 4 felonies Smollett was convicted of often result in a sentence of probation only, the judge said there were multiple aggravating factors in the case, including his own testimony at trial, which he called "pure perjury."

"You committed hour upon hour upon hour of pure perjury," Linn said.

Before announcing sentence, Linn acknowledged that Smollett has already suffered damage from being charged and brought to trial, but had harsh words for the defendant, who he accused of "throwing a national pity party for yourself."

"I know that there is nothing that I will do here that will come close to the damage that you've already done to your own life. You've turned your life upside-down by your misconduct and shenanigans. You destroyed your life as you knew it," Linn said just before handing down the sentence.

However, he said it was "astonishing" to hear the defense talk repeatedly about his charitable work after he stood convicted of orchestrating a hoax and lying to the police.

"The hypocrisy, it is just astounding," he said.

Calling Smollett "profoundly arrogant and arrogant and narcissistic," Linn said he believed Smollett orchestrated a fake hate crime for himself simply to get more public attention.

"You really craved the attention," he said. "Why would you betray something like social justice issues that you care so much about?"

"You wanted to make yourself more famous. And for a while it worked. The lights were on you. You were actually throwing a national pity party for yourself," he added.

Linn said it was especially galling that the hoax Smollett orchestrated was meant to look like a hate crime.

"There is nothing worse than to be a victim of a hate crime," Linn said. "Hate crimes are the absolute worst, and I believe that you did real damage to hate crimes, to hate crime victims."

Jussie Smollett declined to say anything in his own defense at Thursday's sentencing hearing.

Defense attorney Nenye Uche said he advised Smollett not to speak, as they are preparing an appeal, and he "has very serious constitutional technical issues, and many more issues, substantive issues in this case."

With that, it's now up to Judge James Linn to hand down Smollett's sentence.

CBS 2 Legal Analyst Irv Miller had a harsh assessment of defense attorney Nenye Uche's closing argument at the sentencing hearing.

"I don't think Uche did his client any favors today by his last remarks to the judge; in talking it's a Class 4 felony, it doesn't mean anything. My God, it's a felony, it's not a misdemeanor," Miller said.

Miller said Uche should have spent more time talking about Smollett's life, and the impact the case already has had on his life, rather than trying to relitigate arguments that his client shouldn't have been brought to trial in the first place, and spending most of his time arguing legal minutiae.

"You want to focus on your client, the good deeds that he's done, the fact that he's lost his livelihood, the fact this will stay on him for potentially the rest of his life," Miler said "You've got to look at what's important, and I don't think his lawyer did that today."

After prosecutors and defense attorneys wrapped up their arguments, Judge James Linn asked Jussie Smollett if he wanted to say anything before he is sentenced, and Smollett's attorneys first asked for a break.

Judge James Linn announced a five-minute recess before we'll find out if Smollett will speak in court before the judge determines his sentence.

In arguing for lenience for Jussie Smollett, lead defense attorney Nenye Uche asked Judge James Linn to consider "the intense negative backlash against my client" amid the intense media scrutiny the case has received over the past three years.

Uche also argued that the damage to Smollett's career and reputation already have served as "eternal enough punishment, and some will argue more than enough punishment for a low-level Class 4 felony."

He also asked the judge to simply impose the same sanctions Smollett received after Cook County prosecutors dropped the original charges, by only requiring Smollett to surrender his $10,000 bail, perform 16 hours of community service, and not serve any time in jail or on probation. He suggested anything else would equate to a violation of constitutional protections against double jeopardy.

"You can't punish a person twice," he said.

Uche called the prosecution's request for jail time, probation, and community service "overkill."

"Why are we jumping up and down and acting like this is a murder case? It's not," Uche said.

Uche also made a bizarre claim that sentencing Smollett to jail would be "almost like a death sentence" due to the risk of being infected with COVID-19.

"The jails are inundated with the pandemic. Illinois have one of the worst cases in the world. Sending Mr. Smollett to jail's almost like a death sentence. Yes, it is, because anything medically can go wrong, and everyone reacts to the COVID-19 infection differently," he said.

However, Uche made no mention of any pre-existing conditions that would put Smollett at greater risk of a dying were he to be infected with COVID-19, and didn't mention Smollett is only 39, not among the age groups most at risk of serious illness or death from the virus.

Uche also said, if the judge does order Smollett to pay restitution to the city, he should give Smollett time to do so.

"He's lost nearly everything. He's had a very significant negative impact on his career and his finances," Uche said.

Prosecutors began making their case at Jussie Smollett's sentencing hearing around 4:45 p.m., after defense attorney spent more than an hour presenting witnesses and reading letters from supporters on Smollett's behalf.

Special prosecutor Dan Webb said, while the charges Smollett was convicted of might be low-level felonies, his criminal actions nonetheless were serious.

"What you see is that Mr. Smollett actually engaged in a very well-though-out plan, a calculated plan, for him to fake a hate crime to benefit himself, because he's Black and gay," Webb said. "He then made a choice – he made the choice – to falsely report it to the Chicago Police Department, because he wanted public attention to it."

Webb said Smollett's false claims not only led to Chicago Police launching a massive investigation of a crime that never happened, but led to true victims of hate crimes being marginalized.

He also noted "complete lack" of contrition from Smollett so far.

"Mr. Smollett has never made any statement – publicly or a courtroom, or in a court pleading – to ever accept any acknowledgement that he's responsible for what happened here. To admit that he in fact engaged in wrongdoing. To apologize for making mistakes. None of that has happened," he said.

Webb also shot down public claims he's heard that "no one goes to jail for this," saying his research has found six cases in the past five years in Illinois of people being sentenced to time behind bars for falsely reporting crimes to police.

"It's a serious course of criminal misconduct to do it. It's a felony," he said. "We do believe that it is a serious criminal misconduct that warrants an appropriate amount of prison time."

He also urged Judge James Linn to order Smollett to pay $130,106 in restitution to the city to cover the cost of the overtime Chicago Police officers spent investigating Smollett's claims.

Webb recommended Linn sentence Smollett to prison for one of his five convictions, and probation for each of the four other charges, as well as community service, preferably to a Black or gay community service program.

Before making their formal arguments at the sentencing hearing, Jussie Smollett's attorneys read several letters written by supporters, asking for lenience. 

Among those asking Jude  James Linn to show mercy are NAACP president and CEO Derrick Johnson, the Rev. Jesse Jackson, actress Alfre Woodard, and actor Samuel L. Jackson and his wife and fellow actress LaTanya Jackson.  

"Jussie has already suffered. He has been excoriated and vilified in the court of public opinion. His professional reputation has been severely damaged. He has suffered lost career opportunities and loss of income, and there are a number of people who rely on Jussie for financial support," Rev. Jackson wrote.

The letters focus on Smollett's lack of a felony criminal history, the non-violent nature of his conviction, his lengthy history of volunteer work and charitable donations, and the impact the case already has had a career.

"It would be an understatement to say that an inordinate amount of attention has been given to Mr. Smollett's case. This case involves no drugs, no theft, no sex, no property damage, and no physical injury to anyone other than the defendant. Despite the attention paid to it by the media, at its heart, this case involves a low-level, non-violent offense. We urge the Court to keep this truth in mind when sentencing Mr. Smollett," Johnson wrote. "By way of background, Mr. Smollett has an extensive history in civil rights advocacy and philanthropy. Mr. Smollett personally donated more than a half million dollars to Black organizations."

Johnson also outlined a number of Smollett's charitable acts over the years, including surprising a 6-year-old double amputee with a wheelchair accessible van, and helping raise $8 million for Bennett College, an all-women's Historical Black College and University that was on the brink of losing accreditation in 2018.

"In short, Mr. Smollett has demonstrated a longstanding commitment to helping others. We believe that incarcerating Mr. Smollett would be solely punitive and would serve no purpose," Johnson wrote. "Mr. Smollett does not pose, nor has he ever posed, a threat to anyone. Thus, we respectfully ask that, assuming the Court is inclined to sentence Mr. Smollett to anything other than a monetary fine or a suspended sentence, the Court sentence Mr. Smollett to probation and mandatory community service."

In echoing the call for lenience for Smollett, Woodard called Smollett "an exceptionally kind human being,"

"Some conscientious people reach out to those without access after they achieve success in their given fields. Jussie has been a compassionate presence and advocate for those without means since he was a boy. His dedicated work as an artist brought him success, and allowed him to bring his natural impulse to be of assistance into an even wider field of effectiveness. Jussie has kept his heart, his wallet and his schedule wide open to those suffering among us," she wrote.

Smollett's supporters also expressed fears for his safety if he is sent to prison.

"I am deeply concerned about the physical safety of a well-known, nonviolent, black, gay man with Jewish heritage who may be incarcerated within the U.S. prison system," Rev. Jackson wrote.

After the defense finished reading those letters, Judge Linn called a five-minute break before prosecutors and defense attorneys began presenting their formal arguments.  

Jussie Smollett's 92-year-old grandmother, Molly, took the stand to read a letter on his behalf, seeking lenience for her grandson.

"The Jussie I know and love does not match up with the media's portrayal of him," she said. "Jussie himself, as you have heard from the testimonials, is a very gentle, kind, and generous young man, and his empathy is infinite."

"Jussie is loved and respected by all who know him," she added. "I ask you not to send him to prison, and if you do, send me along with him."

Describing herself as a former film editor, she also briefly turned to reporters in the courtroom and criticized the media's coverage of the case.

"You haven't done a good job of investigative reporting. I've worked on documentaries, I now what it is. I've gone through the McCarthy period. I marched with Martin Luther King, and the March on Washington, and I'm here now," she said. "I challenge you to do more investigative reporting."

Joe Smollett, Jussie Smollett's older brother, read a statement on his brother's behalf at the sentencing hearing, saying he still believes his brother is innocent, and asking the judge to show lenience.

Joe said it's unfortunate that his brother's reputation has been so badly tarnished over the case.

"While this might just be a level four felony to a lot of people, under the circumstances, this has felt like the reincarnation of Al Capone's trial," he said.

Joe said Jussie "is not a threat to the people of Illinois" and doesn't deserve to go to prison for his conviction.

"Incarceration of any kind would send the wrong message, especially in a time in which we as a nation have expressed in a bipartisan plurality the desire to se real criminal justice reform, and an end to unnecessary mass incarceration," he said.

Sharon Gelman, former executive director for Artists for a New South Africa, also testified on Jussie Smollett's behalf at his sentencing hearing.

"Jussie is like family to me" she said. "I came because I was hoping that I could help people see the Jussie that I know."

Gelman said she first met Smollett in 1999, when he was only 16 years old, at an event celebrating the charity's 10th anniversary, as well as the 5th anniversary of the end of apartheid in South Africa.

She said over the years that she has known Smollett, he was willing to help out with her organization's charitable events.

"He was willing to do anything," she said. "Anything that needed doing, Jussie was willing to do it."

Gelman said she didn't see any change in Smollett's personality when he became a famous TV star.

"He was still Jussie. He was funny, and sweet, and he was so … effervescent about this magical thing that had happened to him," she said.

Should Smollett be sentenced to probation, Gelman said she would be willing to help supervise to make sure he meets his obligations.

As Jussie Smollett's team began its bid for the judge to show lenience, the first witness they called on his behalf was Richard Daniels, former music director on the hit show "Empire," on which Smollett starred.

Daniels said he became "very good friends" with Smollett during their work together on the show.

Daniels said Smollett regularly donated his time to nonprofits, including at a grade school on the West Side, where Smollett surprised several classrooms of children.

"He covered all the bases of time, treasure, and talent in terms of his giving and his willingness to participate in the community," he said.

Daniels said, if the judge were to sentence Smollett to probation or community service, he would be willing to supervise and make sure Smollett was meeting his requirements.

"Absolutely. Happy to," Daniels said.

As the sentencing phase began, prosecutor Sam Mendenhall read a letter from Police Supt. David Brown, in which he wrote that the investigation of Smollett's claims that he was the victim of a hate crime cost the city well over $100,000.

The letter outlined detectives efforts to conduct a "massive investigation" of Smollett's claims, with more than 30 officers and detectives interviewing witnesses, reviewing hundreds of hours of surveillance video, and going door-to-door during a brutally cold winter, before ultimately determining what they believed was a hate crime was in fact a hoax orchestrated by Smollett.

"While the city can address the financial costs of Mr. Smollett's false report, and the investigation that ensued, a cost that can never be measured is the harm caused by reducing the likelihood of actual victims of hate crimes willing to report these crimes," Mendenhall read from Brown's letter.

Brown urged Linn to order Smollett to pay $130,106 in restitution to the city as part of his sentence.

Prosecutors presented no other evidence of aggravating factors in Smollett's sentencing.

Judge James Linn denied Smollett's bid for a new trial, or to have his conviction overturned entirely, shooting down the defense's argument that the trial shouldn't have been held in the first place, and that a special prosecutor should never have been appointed in the first place.

Linn said he agreed with Judge Michael Toomin that it was necessary to appoint a special prosecutor to investigate the entire case, over questions about Cook County prosecutors' handling of the original charges.

"I find nothing wrong with Judge Toomin's reasoning, his analysis," Linn said, noting Judge Toomin held exhaustive hearings before appointing Special Prosecutor Dan Webb to take over the investigation of the Smollett case.

He also brushed off the defense's claim that Smollett was denied a fair public trial, noting as prosecutors did that the trial took place during the COVID pandemic, which required restrictions on how many people could attend the trial.

"We were in COVID. This was the first jury trial that this court had," Linn said. "This is the first trial I was able to have since COVID, and COVID was still happening."

The judge noted the courtroom was limited to half capacity because of COVID, and that defense attorneys initially asked that their side be given 42 seats in the courtroom, out of 57 total available, including for the jury.

"I did the best that I could to have a public trial," he said.

Linn said the trial had seats set aside for the media, had the doors open, and had seats set up outside the courtroom for members of the public to listen.

The judge also rejected the defense's claims that, if special prosecutors believed Smollett was guilty of a crime, they should have also prosecuted the Osundairo brothers, who he was accused of hiring to help him stage a fake hate crime.

Linn said the only crime that was committed was the false police reports that Smollett filed, and the Osundairo brothers had nothing to do with that.

"Everything about what happened between he and the brothers, the plan that the jury found happened, the scheme to meet on the street, and to pretend to beat him up, and call him names, do the things that they did, none of that's a crime," Linn said. "Because Mr. Smollett was consenting to it, not only consenting to it, he had orchestrated it, according to the evidence, there's nothing that you could find the brothers guilty of. They didn't commit any crime. The only crime that was at play in this entire scenario was the false police report."

Linn announced a brief recess after denying Smollett's bid for a new trial before moving on to the sentencing phase of the hearing.

Prosecutors argued that Smollett's defense team claims of multiple errors before and during the trial amount to nothing more than "finger-pointing and scapegoating."

"We universally disagree that there was any error in those prior rulings," prosecutor Sean Wieber said.

Wieber said Smollett's defense attorneys are simply trying to blame everyone but themselves and their client for his conviction.

"He raises a variety of alleged procedural, alleged evidentiary errors, both pretrial and during the trial itself, committed by anyone and everyone involved in this case, except of course Mr. Smollett himself, or his lawyers," Wieber said. "He's blamed the prosecutors, he's blamed your honor specifically, he's blamed your courtroom staff – these are in his papers – he's blamed the Cook County sheriffs in this courtroom, he's blamed the entire Cook County, he's blamed the Illinois Supreme Court, he's blamed COVID-19, he's blamed the media, he has blamed – quote – 'political figures,' he has blamed witnesses at trial, and he's even blamed the jury itself."

Wieber also pushed back on defense attorneys' claims that the trial was unfair because of restrictions on members of the public being in the courtroom.

"As everyone in this room knows, this trial took place in the middle of a global pandemic," Wieber said. "This court did a great job holding a public trial."

Wieber said members of the media and the public were still able to attend the trial, despite COVID-19 restrictions at the courthouse, and noted the defense team objected to having cameras in the court so it could be broadcast live.

"They objected to having cameras in this courtroom at every step of the way, and the court respected that objection in declining extended media coverage up until today's hearing," he said.

In seeking to have Jussie Smollett's conviction thrown out, his defense attorneys argued he never should have been put on trial in the first place, after Cook County prosecutors agreed to drop the original charges in March 2019, and then a special prosecutor brought new charges nearly a year later.

Defense attorney Tina Glandian argued Cook County Judge Michael Toomin exceeded his authority by appointing a special prosecutor to reinvestigate the case after Cook County State's Attorney Kim Foxx had agreed to drop the original charges in the case without requiring Smollett to admit any guilt.

Glandian also argued that retired Judge Sheila O'Brien, who filed the request to appoint a special prosecutor in the Smollett case, had no standing to do so.

She also argued the special prosecutor's pursuit of charges in the case violated the deal Smollett made with Cook County prosecutors to drop the original case.

"It was a violation of Mr. Smollett's rights to then re-prosecute him," Glandian argued. "His due process rights have been violated as a result of the instant indictment, because he was promised not to be hauled back into court, and that's exactly what happened here."

Defense attorneys also argue multiple mistakes were made during the trial, arguing they should have been able to ask their own questions of potential jurors, rather than the judge asking all the questions.

Linn pointed out he always gives prosecutors and defense attorneys to propose questions for potential jurors, and he did the same in Smollett's case. He even noted one bizarre proposed question Smollett's defense team came up with: "what kind of animal would they want to be, and why?"  

Jussie Smollett's sentencing hearing got underway at 1:27 p.m.

The first order of business will be Smollett's longshot request to have his conviction be overturned, or to be granted a new trial.

The defense team's filing took issue with what it called pre-trial errors that were not addressed by the court in Smollett's trial. Attorneys for Smollett in particular claimed that the trial judge violated Smollett's Sixth Amendment rights by "prevent(ing) the defense from "actively participating in jury selection," and also made the wrong ruling when defense attorneys argued that some prospective jurors had been excluded at prosecutors' request based on their race.

The filing also took issue with numerous aspects of the judge's instruction to the jury, and also accused the court of denying Smollett's due process right to a "public trial" – given that members of the public and sometimes the news media couldn't get into the courtroom throughout much of the trial until an overflow room was set up.

Defense attorneys also clamed the judge erred in failing to grant their motion for a directed finding of not guilty after the prosecution rested – among numerous other claims.

CBS 2 Legal Analyst Irv Miller has said it's highly unlikely Judge James Linn will grant that motion. Rather, the defense's arguments more likely will be used as the basis for a possible appeal before the Illinois Appellate Court. 

Jussie Smollett and his family arrived at the Leighton Criminal Courthouse at 1:01 p.m.

With his 92-year-old grandmother and other relatives at his side, Smollett still had to go through security before heading to the courtroom.

Smollett and his family declined to speak to reporters, and his bodyguards pushed members of the media to get inside, even knocking down a photographer as they walked inside.

A key question at Jussie Smollett's sentencing hearing will be whether or not he decides to make a statement to the judge, and what impact that will have on the judge's ruling.

"This is probably a long discussion he had with his lawyers on whether or not he should make a statement, because the last thing he wants to do is say something that will turn this into a really tough sentencing hearing for him, where he could actually be sentenced to do some jail time," CBS 2 Legal Analyst Irv Miller said.

Miller said Smollett could choose to say nothing at all; avoid discussing the case and only make a statement only about the good things he's done in his life; maintain his stance that he's innocent; or admit guilt, apologize, and offer to perform community service or pay restitution to the Chicago Police Department for the costs of the investigation.

While Miller said it's unlikely Judge James Linn will sentence Smollett to time behind bars, if Smollett says nothing at all at sentencing, or continues to proclaim his innocence, he risks being sent to jail.

"Knowing Judge Linn, and I've known him for a long time, both as a judge and as a prosecutor, if Jussie Smollett gets up there and says, 'Judge, I don't wish to make a statement,' I do believe the judge will sentence him to probation, but also with some jail time. Then he'll say 'You lied to this jury, and we can't allow to perjury to enter into a criminal courtroom. You have to pay the price for that,'" Miller said.

If Smollett speaks only about his own background, and his charitable actions, but doesn't talk about the case, he could get only a small amount of jail time in addition to probation.

"If, in fact, he gets up there and says, 'Judge, I'm innocent, I didn't do this, I'm a scapegoat,' I think if he does that, he's going to get a lot of time. Not penitentiary time, but he could get up to six months of jail, if in fact the judge gives him probation," Miller said.

Smollett's best chance to avoid any jail time is to admit he is guilty, Miller said.

"If he gets up there and says, 'Judge, I'm sorry, I did it, I admit my guilt, that's his best shot for not getting any jail time," Miller said.

As for Smollett's bid to have his conviction overturned, or to be granted a new trial, Miller said, while both sides will present arguments at the start of the hearing, Judge James Linn likely has already made up his mind how he's going to rule.

"It's a legal thing at that end of it. He knows what he's going to do," Miller said.

Smollett and his family are expected to arrive at the courthouse between 12:30 p.m. and 12:45 p.m., and a family spokesperson said they will not speak to reporters on their way into the courthouse.

Smollett's 92-year-old grandmother, Molly, and his oldest brother, Jojo, are among four witnesses set to testify or provide statements on his behalf during the sentencing hearing.

His defense team said dozens of other supporters also have sent in letters on his behalf, asking the judge to sentence him to an alternative to prison, such as probation.

Actor Samuel L. Jackson and his wife and actress LaTanya Richardson Jackson were among those asking the judge to show Smollett Mercy.

"Jussie has already suffered a great deal of punishment, as this situation has destroyed his existing career and impugned his reputation," LaTanya Jackson wrote in their letter.

The president of the NAACP also urged the court to keep in mind, "This case involves no drugs, no theft, no sex, no property damage, and no physical injury to anyone other than the defendant."

Rev. Jesse Jackson argued prison is not the answer for Smollett's crime.

"I am deeply concerned about the physical safety of a well-known, nonviolent, black, gay man with Jewish heritage who may be incarcerated within the U.S. prison system," Rev. Jackson wrote.

Smollett's lead defense attorney, Nenye Uche, is expected to speak to reporters after the sentencing hearing.

A jury of six men and six women deliberated more than nine hours over two days before finding Smollett guilty of five of six counts of disorderly conduct, accusing the actor of staging a fake racist and homophobic attack against himself in January 2019, and then lying to police about it.

Jurors found him not guilty of the sixth count of disorderly conduct.

The charges for which Smollett was convicted dealt with his falsely telling several different police officers he was the victim of a hate crime and a battery.

The disorderly conduct charges are class 4 felonies, carrying a sentence of up to three years in prison. Smollett has been free on bond as he awaits sentencing, today.  

CBS 2 Legal Analyst Irv Miller has said it's unlikely Smollett would be sentenced to significant time in prison, if any, despite previously pleading no contest to charges he lied to police by giving his brother's name during a DUI arrest in California.

The Jussie Smollett case has taken its share of twists and turns.

Cook County State's Attorney Kim Foxx and her office misled the public time and again while handling the investigation, according to a special prosecutor's report.

Smollett was convicted earlier of lying to Chicago Police about being attacked in January 2019, but Foxx's office dropped the original charges in the case, raising serious questions and doubt from the public.

Five months after Foxx's office dropped the initial charges against Smollett, without requiring him to admit any guilt, special prosecutor Dan Webb was tasked with taking over the case and reinvestigating both Smollett's claims and Foxx's handling of the case. Webb ultimately brought new charges against Smollett, and the actor was found guilty earlier this month of of charges he orchestrated a fake hate crime against himself.

Webb also released a summary of his report on his investigation of Foxx's handling of the case last summer, but needed Judge Michael Toomin's permission to release the full 60-page report, because it contains grand jury information, which is typically kept confidential.

Toomin had declined Webb's previous requests to release the full report, but after Smollett was convicted, Webb again asked Toomin to authorize the release of the full report.

The report cleared Foxx's office of any crimes, but found "substantial abuses of discretion and operational failures" in prosecuting and later dropping charges against Smollett.

As CBS 2's Charlie De Mar reported, Smollett's closing act will take center stage on Thursday afternoon. As he has done so many times over the past three years, Smollett will take what could be his last walk through the halls of the George N. Leighton Criminal Court Building to learn his sentence.

One of the biggest questions ahead of Smollett's sentencing Thursday is if he chooses to address the court, and whether or not he shows remorse and admits to lying to police – the crime of which he was convicted.    

The disorderly conduct charges are class 4 felonies, carrying a sentence of up to three years in prison. Smollett is free on bond as he awaits sentencing, and many of Smollett's supporters have written letters to Cook County Criminal Court Judge James Linn, asking him to consider sentencing Smollett to probation or some other alternative to prison.

Among those asking Linn to show lenience are NAACP president and CEO Derrick Johnson, the Rev. Jesse Jackson, actress Alfre Woodard, and actor Samuel L. Jackson and his wife and fellow actress LaTanya Jackson.