Jussie Smollett believes race played a factor in jail sentence

Jussie Smollett was sentenced on Friday, March 11, for allegedly faking a hate crime. The entertainer and activist was sentenced to 150 days in a Chicago jail. Smollett believes the sentence was racially motivated.

Jussie Smollett sentenced

Smollett, 39, told his defense team before sentencing that he expected jail time. He believed he’d be treated more harshly for the non‑violent low‑level offense than others convicted of similar crimes due to the color of his skin, sources told TMZ.

For Smollett, it just might be further evidence of systematic racism within the judicial system.

He reportedly told his team he was “dead on” in predicting the outcome. He called it “unfortunate” and “sad.”

Despite testimony from his 92‑year‑old grandmother, his siblings, and letters from a multitude of prominent organizations and celebrities asking the judge to show leniency, the judge sentenced Smollett to jail as he predicted.

Aside from 150 days in Cook County Jail, Judge James Linn sentenced Smollett to pay $120,000 in restitution, $25,000 in fines, and 30 months on probation.

Maintaining his innocence

Smollett has always maintained his innocence. After sentencing, he again vehemently denied that he committed the crime.

“I’m innocent … I’m not suicidal”, Smollett said, walking handcuffed with a fist in the air.

Post sentencing, the Smollett family and attorneys held a brief press conference expressing their disappointment and disdain over the sentence.

Smollett’s grandmother, 92‑year‑old Molly Smollett, said reporters need to do better investigative journalism. She suggested there are pieces to the puzzle the media missed. A sentiment shared by the family.

Did someone set up Jussie Smollett?

Was Smollett the subject of a modern‑day lynching? Though the exact words didn’t come out their mouths, the Smollett family seems to believe so.

Jojo and Jocqui Smollett were on Roland Martin Unfiltered on Friday. They spoke with the journalist about the case and Jussie’s sentence.

“The only proof they have are two brothers saying my brother told them to do it”, said JoJo, Jussie’s older brother.

Watch the interview on YouTube.

To say the least, the Smolletts and defense attorneys believe the evidence was merely hearsay. They believe the word of two brothers, who they said had a history of homophobia and was jealous of Jussie, shouldn’t have held in court.

Chicago prosecutors said they have “overwhelming evidence” that Smollett orchestrated the attack because he received a homophobic letter and his employer didn’t take it seriously.

The “overwhelming evidence” was:

• the Osundairo brothers saying Jussie Smollett told them to do it
• surveillance video of them buying the items
• surveillance video of them driving in the area of the attack four days before
• Uber data that the Osundairo brothers were in the area at the time of the attack
• a $3,500 check for “services” rendered
• Smollett tying the noose tighter
• Smollett failing to hand over his cellphone

Prosecutors say Smollett didn’t intend for police to catch the brothers. They say he just wanted to bring attention to hate crimes given the climate in America and the hate mail he received.

Smollett’s attorneys say there was too much reasonable doubt calling the Osundairo brothers “sophisticated liars”, are “the worst type of criminals” and are very smart.

Did jury convict on hearsay?

Chicago prosecutors didn’t show any correspondence (text messages, emails, voicemail) of the three orchestrating the alleged hate crime. There is no true validation the $3,500 check was for the alleged crime. Chicago prosecutors provided no validation that they planned the attack when surveillance captured them driving in the area four days before.

However, there is a gray area. That is, how did the Osundairo brothers know Smollett would be in the area to carry out the attack late at night in the bitter cold?

Judge Linn called Smollett self‑centered saying he doubled down after the case was initially dismissed. In the first case, Smollett paid $10,000 in restitution and had to do community service.

Smollett intended to sue the Chicago police department and prosecutors. The court dismissed the suit, and then officials asked a special prosecutor to look into the case. New charges emerged.

Needless to say, Smollett’s attorneys will be filing appeals. Attorneys filed a motion to have the sentence stayed during the appeal. Judge Linn denied those motions and officers hauled Smollett off to jail.

Comparisons raise more questions

Recently, a jury convicted former Kansas City police detective Eric Devalkenaere of murdering a Black man in his own driveway. The court sentenced him to 6 years, but he gets to remain free while he appeals his sentence.

Smollett went to jail immediately for a class 4 low‑level felony.

Maybe Mr. Smollett is right about the judicial system.

It also leads me to question why he would spend thousands of dollars on his defense, try to sue, when he essentially got away with it the first time.

He doubled down. Which makes me believe he is either unhinged or just maybe he’s actually innocent.