Jussie Smollett's double jeopardy claim tossed out by judgeJussie Smollett took another hit in court on Friday when a judge shot down the actor's attempt to have the criminal charges against him dropped, telling Smollett that the new charges against him do not violate his right against double jeopardy, being charged twice for the same crime.
Smollett's attorneys made the double jeopardy argument in February after a special prosecutor secured a six-count indictment on charges alleging that Smollett, 37, lied to police about a racist and homophobic attack that police claim he staged himself.
The new case came months after the county's state's attorney's office abruptly announced it was dropping its initial charges against the former "Empire" star, angering police officials and then-Mayor Rahm Emanuel.
Cook County Judge James Linn explained that the only way double jeopardy would apply is if Smollett was legally punished for what had happened to him since he was charged in connection with the January 2019 incident.
However, Linn determined that the deal, in which the state's attorney's office agreed to drop charges without requiring Smollett to admit any wrongdoing and Smollett agreed to forfeit his $10,000 bond, did not add up to legal punishment.
“There was no trial in this case, there was no jury empaneled, no witnesses were sworn, no evidence was heard, no guilty pleas were ever entered ... nothing like that ever happened,” Linn said of the 2019 case. “There was no adjudication of this case.”
https://www.foxnews.com/entertainment/jussie-smollett-double-jeopardy-claim-tossed-out-judge
