Jussie Smollett’s double-jeopardy defense can’t get him off on new prices associated to his alleged Chicago attack-hoax, a judge dominated.
The disgraced former “Empire” actor‘s legal professionals argued that the new six-count indictment introduced ahead by a particular prosecutor in February — 13 months after he allegedly faked a racist and homophobic beating — needs to be tossed as a result of it violated his rights against double jeopardy, which prevents folks from being punished for a similar crime twice.
However a Prepare dinner County judge stated Friday that the argument wasn’t legitimate, as a result of Smollett was by no means punished by the court docket, The Chicago Tribune reported.
“There was no trial on this case, there was no jury empaneled, no witnesses had been sworn, no proof was heard, no responsible pleas had been ever entered … nothing like that ever occurred,” Judge James Linn stated of the 2019 case. “There was no adjudication of this case.”
Chicago prosecutors dropped the primary set of prices in a cope with Smollett by which he agreed to forfeit his $10,000 bond and was not required to confess any wrongdoing.
The case stems from Smollett’s declare in January final 12 months that he was attacked by two masked males who uttered President Trump’s “Make America Nice Once more” slogan. Weeks later, police alleged he staged the assault with the assistance of two paid mates as a result of he was sad together with his “Empire” wage.
Smollett denounced the new prices — which embrace disorderly conduct and mendacity to police — after they had been introduced in February, and stated he maintains his innocence.