Jussie Smollett will be starting treatment at an outpatient rehab facility, according to multiple reports.
TMZ first broke the news, and while it is unclear what the "Empire Star," 41, is seeking treatment for, a rep released a statement commending the actor for "taking these necessary steps."
"Jussie has had an extremely difficult past few years. He has quietly been working very hard for some time now and we are proud of him for taking these necessary steps,” a statement to TMZ read.
In September, it emerged that Smollett's legal team in an Illinois court requested the dismissal of the hate hoax charges leveled against him in 2021.
In a 76-page written appeal cited by USA Today, Smollett argued that his trial violated his right not to be tried for the same offense twice under the Fifth Amendment.
The appeal focuses on his completion of community service and payment of a $10,000 bond as part of a 2019 agreement with the Cook County State Attorney's Office to drop the charges, which was the key issue in last month's hearing.
In the appeal, Smollett's lawyers argue that the chief prosecutor, Kim Foxx, was right to drop the original charges four years ago.
"If Mr. Smollett's convictions are allowed to stand, this case will set a dangerous precedent by giving prosecutors a second bite at the apple any time there is dissatisfaction with another prosecutor's exercise of discretion," the appeal says, according to USA Today.
Attorney Sean Wieber, representing the special prosecutor, argued in court that the way the charges were dismissed by Foxx's office left room for potentially recharging Smollett without violating double jeopardy protections.
As Wieber stated, it's firmly established that double jeopardy occurs only under clear and specific circumstances, none of which are applicable to Smollett in this case.
Smollett, Wieber said, has never pleaded guilty, and "has never made any statement that he accepts guilt."
If the appeal fails, Smollett will have to serve the remaining 150 days of his 2022 sentence. He had spent six days in jail and was released while waiting for the outcome of the appeal.
In December 2022, Smollett, who is Black and gay, was found guilty on five of six counts in connection to an alleged hate hoax scheme he organized, involving the payment of $3,500 to two individuals to stage an attack on him in Chicago.
Smollett had initially claimed the attackers were white men wearing MAGA hats, accusing them of pouring bleach, using a noose, and uttering racist and homophobic slurs, but police identified the alleged attackers through Uber records and surveillance footage of rehearsals prior to the incident.
Zoe Papadakis ✉
Zoe Papadakis is a Newsmax writer based in South Africa with two decades of experience specializing in media and entertainment. She has been in the news industry as a reporter, writer and editor for newspapers, magazine and websites.
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