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 towards himself, many supporters have written letters asking the choose to indicate him lenience and maintain him out of jail.

Smollett’s sentencing listening to is ready for Thursday afternoon, however first his attorneys will attempt to persuade the choose within the case to overturn his conviction or grant him a brand new trial – a longshot request that’s routinely made in legal circumstances, however not often granted.

In December, a Prepare dinner County jury discovered Smollett responsible of 5 of six counts of disorderly conduct, whereas acquitting him of the sixth depend. Prosecutors had charged Smollett with staging a pretend racist and homophobic assault towards himself in January 2019, after which mendacity to police about it, in a bid for publicity.

The disorderly conduct expenses are class 4 felonies, carrying a sentence of as much as three years in jail. Smollett is free on bond as he awaits sentencing, and lots of of Smollett’s supporters have written letters to Decide James Linn, asking him to contemplate sentencing Smollett to probation or another various to jail.

Amongst these asking Linn to indicate lenience are NAACP president and CEO Derrick Johnson, the Rev. Jesse Jackson, actress Alfre Woodard, and actor Samuel L. Jackson and his spouse and fellow actress LaTanya Jackson.

“Jussie has already suffered. He has been excoriated and vilified within the courtroom of public opinion. His skilled status has been severely broken. He has suffered misplaced profession alternatives and lack of earnings, and there are a variety of people that depend on Jussie for monetary assist,” Rev. Jackson wrote.

The letters deal with Smollett’s lack of a felony legal historical past, the non-violent nature of his conviction, his prolonged historical past of volunteer work and charitable donations, and the affect the case already has had a profession.

“It might be an understatement to say that an inordinate quantity of consideration has been given to Mr. Smollett’s case. This case entails no medication, no theft, no intercourse, no property harm, and no bodily harm to anybody aside from the defendant. Regardless of the eye paid to it by the media, at its coronary heart, this case entails a low-level, non-violent offense. We urge the Courtroom to maintain this fact in thoughts when sentencing Mr. Smollett,” Johnson wrote. “By means of background, Mr. Smollett has an in depth historical past in civil rights advocacy and philanthropy. Mr. Smollett personally donated greater than a half million {dollars} to Black organizations.”

Johnson additionally outlined plenty of Smollett’s charitable acts over time, together with shocking a 6-year-old double amputee with a wheelchair accessible van, and serving to elevate $8 million for Bennett School, an all-women’s Historic Black School and College that was getting ready to shedding accreditation in 2018.

“Briefly, Mr. Smollett has demonstrated a longstanding dedication to serving to others. We imagine that incarcerating Mr. Smollett could be solely punitive and would serve no function,” Johnson wrote. “Mr. Smollett doesn’t pose, nor has he ever posed, a menace to anybody. Thus, we respectfully ask that, assuming the Courtroom is inclined to condemn Mr. Smollett to something aside from a financial high quality or a suspended sentence, the Courtroom sentence Mr. Smollett to probation and necessary neighborhood service.”

In echoing the decision for lenience for Smollett, Woodard known as Smollett “an exceptionally form human being,”

“Some conscientious folks attain out to these with out entry after they obtain success of their given fields. Jussie has been a compassionate presence and advocate for these with out means since he was a boy. His devoted work as an artist introduced him success, and allowed him to convey his pure impulse to be of help into an excellent wider discipline of effectiveness. Jussie has saved his coronary heart, his pockets and his schedule large open to these struggling amongst us,” she wrote.

Smollett’s supporters additionally expressed fears for his security if he’s despatched to jail.

“I’m deeply involved concerning the bodily security of a widely known, nonviolent, black, homosexual man with Jewish heritage who could also be incarcerated inside the U.S. jail system,” Rev. Jackson wrote.

CBS 2 Authorized Analyst Irv Miller has stated it is unlikely Smollett could be sentenced to vital time in jail, if any, regardless of beforehand pleading no contest to expenses he lied to police by giving his brother’s identify throughout a DUI arrest in California.

“So he is not likely a first-time offender. So when this case comes all the way down to sentencing in a month or so from now, the choose goes to have a pre-sentence report by a probation officer, which lays out his complete background — the good things, the unhealthy stuff — and resolve whether or not or not he ought to get probation. And, frankly, underneath Illinois regulation, for a category 4 felony, there is a presumption that he ought to get probation,” Miller stated shortly after Smollett’s conviction.

Not like his trial, the general public will be capable of watch Smollett’s sentencing listening to because it occurs, as Decide Linn has granted a request for cameras to be in courtroom for Thursday’s proceedings.