Judge Says That Jussie Smollett Can't Use 'Double Jeopardy' Defense Against New Charges

Judge Says That Jussie Smollett Can't Use 'Double Jeopardy' Defense Against New Charges
Credit: Source: NationalPost.com

A judge recently ruled that Jussie Smollett and his lawyer can't use the double jeopardy rule as a defense against his Chicago-attack hoax case, Page Six reported.

The Empire alum, who said he was the victim of a racially and homophobia-motivated hate crime back in January of 2019, asked for the new six-count indictment against him to be thrown out by the judge.

They stated that it violated his double jeopardy rights - the idea that a court can't charge an individual for the same charges more than once. On Friday, a Cook County judge said that the argument was not valid, because the court never punished the Empire alum. Moreover, it was never brought to trial.

The Chicago-Tribune was the first to report that there wasn't a trial in his case, and neither was a jury created. Moreover, the judge said there wasn't evidence presented, and no guilty pleas were handed down. The judge said that "nothing like that ever happened."

As it was previously reported, Chicago prosecutors let Jussie off on his previous charges related to his hate-crime hoax case. Smollett agreed to pay his $10,000 bond and was also told he didn't have to admit he did anything wrong.

Last year, Jussie said that two men wearing "Make America Great Again" hats attacked him in the streets of Chicago. However, just a few weeks later, police stated that they thought Jussie, himself, was involved in the attack.

Reportedly, Jussie wanted to use the hate crime hoax as a way of facilitating his own career, and also as a bargaining tool for increasing his salary on Empire. Smollett and his attorney have since denied the new charges, stating that he has been innocent from the beginning.

Jussie Smollett's case was easily one of the most controversial in 2019, with even the president of the United States, Donald Trump, asking the federal government to look into the actor's case, after it was dropped by the Chicago official, Kim Foxx.

Ever since his case was revealed, Jussie has been relatively silent on social media, although, he has posted some new quotes and other images on his Instagram following the Black Lives Matter movement.

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