Actor Jussie Smollett's last attempt to get a judge to dismiss his criminal case based on claims that he told police he was lying over being victimized by homophobic and racist hate crime was not granted.
The lawyer for his former "Empire" actor said Smollett's rights were being violated as the actor had already completed the community's service, and had forfeited his $10,000 bond in an earlier agreement to dismiss allegations for a felony in Cook County.
"A deal is a deal. That's ancient principle," lawyer Nenye Uche stated in the courtroom on Friday.
However, the judge James Linn said Smollett's case is being managed by an attorney special to the case who was appointed by a different judge, and the judge would not interfere with this arrangement. On February 1, 2019, Smollett had been arrested for the crime of disorderly conduct, a felony, for filing a false police report Chicago police.
In January of 2019 the officer was informed that he was attacked in the past by two vigilantes, who used homophobic and racial slurs at him. He also wrapped the rope around his neck in the exclusive area of Streeterville.
The police initially investigated the incident as a hate crime, but they were not able to locate any evidence on video about the incident. After speaking to two people of concern such as brothers Ola and Abel Osundairo police shifted to investigate what happened and whether Smollett made a payment to the two brothers who helped stage an attack.
According to the former Chicago police chief Eddie T. Johnson, Smollett orchestrated the attack on himself to "promote his career" and paid the Osundairo brothers $3500 to assist him in orchestrating the attack.
A lawyer representing the brothers earlier said that the brothers "have tremendous regret over their involvement in this situation."
"They understand how it has impacted people across the nation, particularly minority communities and especially those who have been victims of hate crimes themselves," the lawyer explained.
A grand jury found Smollett in March of 2019 for disorderly conduct, for submitting false reports, but the charges were abruptly dismissed shortly afterward, which sparked anger. However, the case was reopened by the special prosecutor. Smollett was once again indicted for disorderly conduct.
The actor of whom the actor himself is Black as well as gay has denied any wrongdoing and has said he is not to be guilty.
His lawyer previously tried to dismiss the case and said that Smollett wanted "nothing more than to go to a jury and clear his name."