GUILTY IL - Actor Jussie Smollett allegedly attacked in hate crime, Jan 2019 #6 *GUILTY*

[maggieg]

Bari Weiss has just released a podcast ep about talking the case with a guy who wrote a book all about hate crime hoaxes

Jussie Smollett and Hate Crime Hoaxes

 

[Kristin Esq.]

What was the ( your ) purpose for faking a hate crime, Jussie?

I want him to go on ABC, and have someone ask him that.

He'll just double down and say that he didn't fake it and that his attorneys are filing an appeal.

 

[Kristin Esq.]

Question for attorneys or anyone else in the know....

Will the fact that Jussie "compounded his wrong-doing" (Dan Webb) by lying to a jury have an effect on his sentencing at all? Possibly the judge will go harder on him than if he'd just kept his lying trap shut?

I'm sure the prosecution will put this in their sentencing memo, but without knowing the judge's history and his record of ruling, I don't know how much of an effect it will have on the actual sentencing.

 

[mister happy]

The defense is already talking about an appeal. Since Smollett was acquitted on one of the six counts, could that be a grounds for an appeal?

 

[Kristin Esq.]

The defense is already talking about an appeal. Since Smollett was acquitted on one of the six counts, could that be a grounds for an appeal?

No, it just means they will only be appealing those 5 for which he was found guilty.

 

[mister happy]

No, it just means they will only be appealing those 5 for which he was found guilty.

Thanks, that makes sense. But his lawyer says the verdict is inconsistent:
(go to the 1 minute timestamp)

 

[Elley Mae]

Jussie Smollett found guilty on 5 counts of disorderly conduct

Jussie Smollett found guilty on 5 counts of disorderly conduct - CNN Video
...

Jussie Smollett found guilty for filing false police report in hoax attack

Jussie Smollett found guilty for filing false police report in hoax attack
...

Jussie Smollett found guilty of lying to police about alleged attack

Jussie Smollett found guilty of lying to police about alleged attack
...

Actor Jussie Smollett found guilty of falsely reporting a hate crime against him in 2019

Actor Jussie Smollett found guilty of falsely reporting a hate crime against him in 2019
...

Jussie Smollett Found Guilty of Reporting a Fake Hate Crime

Jussie Smollett Found Guilty of Reporting a Fake Hate Crime

...

Some headlines this am,

 

[Elley Mae]

Jussie Smollett’s conviction for orchestrating and reporting a phony hate crime punctuates actor’s sudden downfall

“For him to fake a hate crime, fake it and then cause the Police Department to spend enormous efforts … I thought it was serious criminal misconduct that needed to be approached and have a public trial about it,” Webb said.

And Smollett “compounded his wrongdoing” by lying to jurors during his time on the stand, Webb said, adding the actor had insulted jurors’ intelligence with his story and testimony.
Webb would not predict what affect Smollett’s allegedly false testimony would have on the case going forward but said it was definitely something he intended to bring up at sentencing.

 

[mickey2942]

My personal opinion is that he will get jail time. Five felonies. Even low level. It is time to send a message. And the hubris of continuing this hoax, going so far as to testify under oath!

He has zero remorse. And there is evidence that he masterminded this entire scheme. He needs jail time. Not that it will do anything to change his mantra. He sees himself as a "victim". Yeah, go to prison. It is full of "innocent victims".

 

[clearskies1]

Thanks, that makes sense. But his lawyer says the verdict is inconsistent:
(go to the 1 minute timestamp)

The five counts he was convicted of were about statements he made to the police on Jan 29, immediately after the incident. The count he was acquitted of was about statements he made to the police on Feb 14. On Feb 14 the police detained the Osundairo brothers and raided their apartment. Feb. 14, 2019: Brothers' Home Raided In Connection With Jussie Smollett's Alleged Hoax. That same day JM again talked to the police.

The disorderly conduct statute prohibits false 911 calls and false reports. 720 ILCS 5/ Criminal Code of 2012.. It may be that the jury found that his Feb 14 statements did not qualify as a "report" -- perhaps the police called him in that day for a followup interview, so they did not see that as JM making a false "report"? In that sense the verdicts would not be inconsistent.
JMO.

 

[Kristin Esq.]

Thanks, that makes sense. But his lawyer says the verdict is inconsistent:
(go to the 1 minute timestamp)

I wonder what the jury instructions said... that could be the reason for the inconsistent verdict. Everything turns to the way things are worded. If anyone can provide the indictment and the jury instructions, I can analyze it (I would look myself but currently working to get something done rather quickly).

 

[mister happy]

The five counts he was convicted of were about statements he made to the police on Jan 29, immediately after the incident. The count he was acquitted of was about statements he made to the police on Feb 14. On Feb 14 the police detained the Osundairo brothers and raided their apartment. Feb. 14, 2019: Brothers' Home Raided In Connection With Jussie Smollett's Alleged Hoax. That same day JM again talked to the police.

The disorderly conduct statute prohibits false 911 calls and false reports. 720 ILCS 5/ Criminal Code of 2012.. It may be that the jury found that his Feb 14 statements did not qualify as a "report" -- perhaps the police called him in that day for a followup interview, so they did not see that as JM making a false "report"? In that sense the verdicts would not be inconsistent.
JMO.

Thanks for the input. This could be interesting.

 

[mister happy]

I wonder what the jury instructions said... that could be the reason for the inconsistent verdict. Everything turns to the way things are worded. If anyone can provide the indictment and the jury instructions, I can analyze it (I would look myself but currently working to get something done rather quickly).

Hmm.. I hope this is just a defense lawyer PR tactic.

 

[PrairieWind]

I wonder what the jury instructions said... that could be the reason for the inconsistent verdict. Everything turns to the way things are worded. If anyone can provide the indictment and the jury instructions, I can analyze it (I would look myself but currently working to get something done rather quickly).

An "inconsistent" verdict really isn't a reversible issue. The jury can do whatever they want in there. It could very well have been a compromise among jurors. That is not really reviewable. If this was a bench (judge) trial, an appeals court may look at and consider an inconsistent verdict. But a jury is given great leeway by appellate courts. From what I have seen of the case, I see very little chance for a successful appeal.

 

[Kristin Esq.]

An "inconsistent" verdict really isn't a reversible issue. The jury can do whatever they want in there. It could very well have been a compromise among jurors. That is not really reviewable. If this was a bench (judge) trial, an appeals court may look at and consider an inconsistent verdict. But a jury is given great leeway by appellate courts. From what I have seen of the case, I see very little chance for a successful appeal.

Yes.

I was just wondering what the indictment said and the jury instructions said so that I can figure out what was in the jury's head as they were deliberating. Though, a poster above did make a suggestion that maybe the jury didn't look at the Feb 14 statement as a "report."

 

[PrairieWind]

Yes.

I was just wondering what the indictment said and the jury instructions said so that I can figure out what was in the jury's head as they were deliberating. Though, a poster above did make a suggestion that maybe the jury didn't look at the Feb 14 statement as a "report."

That could very well be. Hard to say. I think these jurors may wish to just keep their heads down and not give any interviews.

 

[TTF14]

Is his possible maximum sentence 3 years for EACH guilty verdict? So 15 years, although unlikely, is a possibiilty?

Maybe we can hope for 1 year for each guilty verdict?

 

[PrairieWind]

Is his possible maximum sentence 3 years for EACH guilty verdict? So 15 years, although unlikely, is a possibiilty?

Maybe we can hope for 1 year for each guilty verdict?

That is correct. The sentences could be consecutive, one after another. But it is common for sentences to be concurrent, all served at the same time, and I suspect that will be done here. I also think it is likely any prison time will be suspended and he will be put on probation for 3 years.

 

[shotgun09]

Some of my most favorite moments of this trial:

Jason Meisner
@jmetr22b
·
1m
Webb shows jury a surveillance photo of Smollett walking up the stairs to his apartment with the rope still around his neck and a Subway sandwich in his hand. When police arrive 30 min later, Webb says, Smollett "has tampered with this rope."


2. @Snoods post on Nov 30. #111
RSBM....

"...Then one night in sub zero weather, the brothers casually strolled around outside until 2am waiting for Jussie to per chance appear (so devious) all while disguised as white KKK MAGA loving grand wizards. The evil duo simultaneously poured bleach on, beat up, and simulated a lynching of our hero, a hero we now know as The Gay Tupac. Jussie was bravely able to fight the f*ck back by using a tuna salad on rye as a weapon.
They may have robbed him of that innocent sparkle in his eye, but they were not successful in robbing him of his sammich. "

On Dec 2, this tweet from Meisner had me rolling...

Jason Meisner
@jmetr22b
·
4m
I've been covering criminal courts for almost 20 years, and I think this is the first time I've ever written the word "noogie" in my notes. Osundairo testifies he gave Smollett a noogie on his face. "

and the LUNGING accusation on Dec 2 as well Chaos) :

Charlie De Mar

"NOW: Defense attorney Tamara Walker was asking Ola about tweets in which he used homophobic language. Judge stopped defense and said they are getting into "collateral" territory. Walker asks for sidebar She returns and asks for a mistrial

Accuses Judge Linn of physically lunging at her. Linn denies motion for a mistrial. Wild couple of minutes"


And, finally when Jussie is on the stand, this gem from
https://twitter.com/crepeau

"He also says he declined to give his phone to CPD in part because earlier he'd gotten a text from Don Lemon "saying he’d gotten a text from CPD saying they don’t believe me." objections, then a sidebar."

Most favorite:

Guilty charge!!!!!

SHAME ON HIM ! for putting "We the people" through this. The people have spoken.

 

[Puzzles8]

Be prepared to wait.
IMO, this case has ruined her career...

JMO, MOO and etc.

Jussie Smollett Verdict a Disaster for Kim Foxx, Prosecutor Who Let Him off the Hook (msn.com)