Jussie Smollett's supporters ask judge to keep him out of prison ahead of sentencing in hate crime hoax
CHICAGO (CBS) -- As actor Jussie Smollett prepares to face sentencing on Thursday for his conviction for orchestrating a hate crime hoax against himself, many supporters have written letters asking the judge to show him lenience and keep him out of prison.
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.
But first, his attorneys will try to convince the judge in the case to overturn his conviction or grant him a new trial – a longshot request that is routinely made in criminal cases, but rarely granted.
In December, a Cook County jury found Smollett guilty of five of six counts of disorderly conduct, while acquitting him of the sixth count. Prosecutors had charged Smollett with staging a fake racist and homophobic attack against himself in January 2019, and then lying to police about it, in a bid for publicity.
As CBS 2's Charlie De Mar reported, 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.
"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.
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.
"So he's not really a first-time offender. So when this case comes down to sentencing in a month or so from now, the judge is going to have a pre-sentence report by a probation officer, which lays out his entire background -- the good stuff, the bad stuff -- and decide whether or not he should get probation. And, frankly, under Illinois law, for a class 4 felony, there's a presumption that he should get probation," Miller said shortly after Smollett's conviction.
Unlike his trial, the public will be able to watch Smollett's sentencing hearing as it happens, as Judge Linn has granted a request for cameras to be in court for Thursday's proceedings.
