THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

The actor himself—sporting a casual beige jacket and blue jeans—slipped into court for the hour-long oral arguments and sat on a spectator bench, the AP noted.

Smollett's attorneys made similar arguments they have made since the Cook County state's attorney's office dropped initial charges against Smollett in 2019, months after they were brought. In a deal with prosecutors back then, Smollett agreed to perform community service and forfeit his bond.

Smollett's lawyers argued that his Fifth Amendment rights were violated when a new indictment was brought against him by Special Prosecutor Dan Webb, who Judge Michael Toomin appointed to review the decision to drop the case.

Webb found that State's Attorney Kim Foxx and her office had committed "substantial abuses of discretion." However, he did not find the office had improperly influenced anyone or committed any criminal wrongdoing.

Windy City Times had noted, citing The Chicago Tribune, that on Dec. 10, 2021, Smollett was found guilty on five out of six counts of disorderly conduct—a Class 4 felony—alleging he falsely reported to police that he was a victim of a hate-crime attack in the early morning hours of Jan. 29, 2019 in the Streeterville area of Chicago.

Class 4 felonies carry penalties of one to three years in prison. However, Smollett only served six days before being released.

—Andrew Davis