The criminal trial of former Empire actor Jussie Smollett will move ahead as planned after a judge denied a motion to dismiss the case.
Jussie’s lawyers said the renewed charges based on “illegal and incompetent evidence” should be dismissed.
Jussie’s legal team is arguing that his second indictment was based on “illegal and incompetent evidence” gathered from Abimbola and Olabinjo Osundairo during the initial investigation into Jussie, which was later ruled invalid.
JUSSIE SMOLLETT ON INSTAGRAM LIVE
“The OSP cannot have it both ways. It cannot convene a special grand jury based on Judge Toomin’s Order but then rely on the transcripts from those ‘void’ proceedings to secure a new indictment,” the motion states, per Page Six.
Jussie is accused of lying to police when he reported that he was the victim of a racist and homophobic in downtown Chicago in January 2019. The charges were at first dismissed but he was indicted again when a special prosecutor charged him with disorderly conduct over the police reports. The actor has pleaded not guilty.
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