Jussie Smollett appeals conviction for hate crime hoax, argues bias

Jussie Smollett is appealing his conviction for staging a racist and homophobic attack on himself and lying to Chicago police about it — nearly a year after he was sentenced to five months in jail.

The “Empire” alum, 40, is seeking a new trial, as he claims “prosecutorial misconduct” in this case was “clear and egregious,” according to the 102-page document filed Wednesday with the Illinois Appellate Court and obtained by The Post.

A jury convicted Smollett in December 2021 of five counts of disorderly conduct. He had claimed that on a frigid early morning in January 2019, two men approached him in the dark, yelled slurs at him, punched him, poured a chemical substance on him and hung a noose around his neck.

Chicago police accused Smollett of recruiting brothers Abimbola and Olabinjo Osundairo to carry out the attack to boost his burgeoning Hollywood career.

Abimbola, an amateur boxer and occasional bit-part actor, testified in court that Smollett, who is black and gay, told him the specific words he wanted the brothers to use were “Empire’, f—-t, n—-r, MAGA.”

On March 10, 2022, Smollett was sentenced to 150 days in jail as he continued to proclaim his innocence. He spent six days behind bars — where lawyers said he did not eat and consumed only ice water — before being released pending appeal.

In Wednesday’s brief, Smollett’s attorneys argued his protection against double jeopardy was violated. Prosecutors quietly said in 2019 they wouldn’t pursue the 16 counts of disorderly conduct against him, as he had forfeited his $10,000 bail bond to the city of Chicago and performed community service.

Cook County State’s Attorney Kim Foxx came under national scrutiny for her role in the handling of the case. A judge appointed a special prosecutor to review her office’s decision, and new charges were filed.

“Mr. Smollett’s negotiated bail bond forfeiture and performance of community service during his first prosecution constituted punishment and thus, his second prosecution and punishment for the same offenses violated the Double Jeopardy Clause protection against multiple punishments for the same offense,” Smollett’s lawyers stated in their brief.

His attorneys also claimed there was “prosecutorial misconduct, including allegations that a defense witness was pressured to change his statement.” And they took issue with “biased” decisions by the trial judge, saying his “closing remarks demonstrated that Mr. Smollett’s sentencing took on a personal retributive tone.”

Wednesday’s appellate brief comes about two weeks before FOX Nation premieres its five-part docuseries, “Jussie Smollett: Anatomy of a Hoax,” on March 13. The streamer promises “exclusive interviews” with the Osundairo brothers and a “deep dive” into the incident that made international headlines.

The Post has contacted reps for Smollett for comment. He was written out of “Empire” before the FOX TV series concluded in 2020. He has not acted since then, but did make his feature directorial debut with “B-Boy Blues.”