Judge Denies Motion To Drop Charges Against Actor Jussie Smollett

CHICAGO — A Cook County judge Friday denied a motion to dismiss charges against actor Jussie Smollett, ruling the case against him does not amount to double jeopardy.

In March 2019, the former "Empire" star was indicted on 16 counts of disorderly conduct after he was accused of lying to Chicago police about being the victim of a hate crime. Those charges were dropped without a trial or requiring a guilty plea by Cook County State's Attorney Kim Foxx's office. Smollett paid a $10,000 fine and did community service.

The controversial decision to drop the charges led to a new investigation by special prosecutor, former U.S. Attorney Dan Webb. In February, Webb filed new charges against Smollett, whose lawyers argued he should be considered double jeopardy and dismissed because the actor had already been punished by paying a fine and doing community service.

Cook County Judge James Linn disagreed Friday. During a hearing streamed on YouTube, Linn said that because the first set of charges against Smollett had been dropped without being adjudicated or having a guilty plea entered, a double jeopardy claim didn't apply.

Both sets of charges against Smollett stem from his claim to police that in the early hours of Jan. 29, 2019, two masked men attacked him as he was walking home. Smollett, who is black and gay, said they made racist and homophobic insults, beat him and looped a noose around his neck before fleeing, and that at least one of his attackers was a white man who told him he was in "MAGA country," a reference to President Donald Trump's campaign slogan, "Make America Great Again."

Weeks later, police alleged that Smollett had paid two friends to help stage the attack.