The judge ruled that Juicy Smolt’s doubly risky defense could not release him on new charges related to his alleged Chicago attack-fraud.
Lawyers for the disgraced former “Empire” actor argued that the new six-count fraud was brought to light by a special prosecutor in February – he was charged with racist and gay beatings 13 months later – should be thrown out because it violated his rights against double jeopardy. Prevents getting punished twice for the crime.
But a Cook County judge said Friday that the argument was not valid because Smollett was never convicted by a court, The Chicago Tribune reported.
“There has been no trial in this case, no jury has been imposed, no witness has been sworn in, no evidence has been found, no guilty plea has been made, it has never happened before,” Judge James Lin said of the 2012 case. “There has been no verdict in this case.”
Chicago prosecutors dropped the first set in a deal with Smollett so he agreed to seize his 10,000 10,000 bond and was not required to admit any wrongdoing.
The lawsuit stems from Smollett’s claim in January last year that he was attacked by two masked men chanting President Trump’s “Make America Great Again.” Weeks later, police alleged that he carried out the attack with the help of two salaried friends because he was dissatisfied with his “empire” salary.
Smollett condemned the new allegations – including embarrassing behavior and lying to police – when they were brought in in February, and said he had maintained his innocence.