CHICAGO, ILLINOIS: The Appellate Court of Illinois rejected former 'Empire' star Jussie Smollett's conviction appeal on December 1, which was upheld by two out of the three judges of the Appeals Court.
The verdict was made in response to the actor's request for a fresh trial in the case, where he was convicted on five counts of felony disorderly conduct in 2021 for his involvement in a hate crime hoax.
The 'Empire' actor will probably have to serve his 150-day term in prison after an Illinois Appeals Court upheld the lower court's conviction unless the court grants his appeal to the Illinois Supreme Court.
Smollett earlier reported to authorities that two guys wearing ski masks had attacked him in a racial and homophobic manner. He was arrested on suspicion of orchestrating the entire incident as the hunt for the attackers quickly devolved into a probe into him.
First District Appellate Court denied Jussie Smollett's appeal by 2-1 vote
The 2019 hoax — where Smollett told Chicago police he was attacked by two men who tied a rope around his neck, used racist and homophobic slurs, and said he was in "MAGA country" — sparked an online uproar when authorities found Smollett had paid the guys to carry out the attack.
According to the prosecution, Smollett instructed the men on what slurs to yell and that they were in "MAGA Country," a nod to Donald Trump's catchphrase from his presidential campaign, as per the Associated Press.
The former 'Empire' actor Smollett challenged the evidence, the special prosecutor's position, jury selection, and several other areas of the case. However, the Illinois Appellate Court dismissed them all in a 2-1 ruling on December 1.
In December 2021, Smollett was given a 150-day jail sentence after being found guilty of five felonies related to disorderly conduct. His defense team contested the decision, thus he was freed after six days of imprisonment.
In Friday's 2-1 ruling, however, he now has to serve out the remaining 150 days of his sentence in jail.
Jussie Smollett's defense team intends to file an additional Supreme Court appeal
A representative of Smollett's attorney, Tina Glandian, has openly stated that he was the victim of both political meddling and a discriminatory legal system.
Smollett's representative informed Rolling Stone that he and his legal team intend to file an additional appeal with the Supreme Court.
The former 'Empire' actor began serving his term in March 2022, but less than a week later, the Appeals Court decided that he may be freed on bond while his appeal was being processed.
A representative for Smollett issued a statement, saying, "We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett."
"We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence." the representative added.
Smollett's attorneys requested a new trial in his appeal, arguing that the first trial judge made several mistakes. Calling the sentence "excessive," his team also opposed Smollett's additional $145,000 in restitution orders.
Internet mockingly calls Jussie Smollett 'clown' for the appeal loss
Following Smollett's loss in the 2019 hoax conviction appeal, internet user Collin Rugg slammed the actor on X (formerly Twitter) calling him a "Clown."
Rugg's online post launched an online trolling attack where several other internet users flocked to the comment section to ridicule the actor.
One such X user wrote, "This guy needs to be behind bars, what he did and other have done should be treated as pure hate! Guy who had it all just to throw it all away over race relations."
"Good, he paid someone to perform a hate crime on him and then he doubled down on the lie. He deserves to rot in prison," seethed a second one.
One user mocked, "He got what he deserved," followed by a funny meme attached.
Another one said, "I'm surprised he didn't say, "I can't breathe" as part of that victimization speech."
"Did he really think they would let him out? His friends and the people he hired turned on him. He couldn't even plan his crime. Maybe he should pick better criminals or pay more next time," chimed in one commentator.
One more said, "Glad he’s feeling the heat as he should, made up crimes don’t go well! I hope they do the right thing here."
Several others shared images and clips to troll the actor further.