CHICAGO _ Jussie Smollett's new criminal charges do not violate his right against double jeopardy, a Cook County judge ruled Friday.
The unusual end to Smollett's case last year _ in which the actor entered an informal arrangement to forfeit his $10,000 bond, with no admission of wrongdoing, in exchange for his charges being dropped _ does not count as criminal punishment, Judge James Linn ruled.
"You cannot have any criminal penalty, whether it's jail, probation, conditional discharge ... none of that can be ordered on the innocent or presumed innocent or the unadjudicated," Linn said in denying the defense's request to throw out the case.
In addition, Linn noted Smollett's new case was brought after a different judge ruled that the first prosecution was void in its entirety. That came after Cook County State's Attorney Kim Foxx improperly recused herself, the judge said.
Smollett is charged with six counts of disorderly conduct for allegedly lying to police about being the victim of a racist, homophobic attack in February 2019.
He found himself at the center of a firestorm last year his first 16 counts of disorderly conduct were dropped in a surprise hearing in March of last year.
