MovieChat Forums > Jussie Smollett Discussion > Double Jeopardy!

Double Jeopardy!

posted a year ago by Keelai (31931)
18 replies | jump to latest

Let's talk facts - not opinion.

From:
"EMERGENCY MOTI ON TO STAY SENTENCE AND/OR TO GRANT BAIL PENDING APPEAL

5. Sometime in March, 2019, the Defendant reached an agreement for pre-trial diversion
with the Cook County State's Attorney 's Office in the above-mentioned 2019 Case.

6. As part of the agreement in the 2019 Case, Mr. Smollett was ordered to complete
community service and forfeit his $10,000 bail bond to the City of Chicago.

7. On March 26, 2019, the Cook County State's Attorney's Office acknowledged Mr.
Smollett performed his obligations of the agreement and dismissed the indictments.
Attached hereto as Exhibit " I" is a copy of the Certified Statement of Disposition."

Smollet completed all of his obligations made with the State's Attorney by mutual agreement!

8. On February 12 , 2020, the Office of Special Prosecutor re-indicted Mr. Smollett on the
same multiple disorderly conduct counts based on the same facts as the 2019 case and
despite his forfeiting of his $10,000 bail bond and completing community service.

THAT'S DOUBLE JEOPARDY!!!! UNCONSTITUTIONAL AND ILLEGAL.
I will remind everyone that Bill Cosby was in the same exact situation. Cosby fulfilled an obligation by mutual agreement only to have it ignored by a subsequent prosecutor. Cosby was released from prison on appeal because of Double Jeopardy.

17. Smollett filed multiple motions to dismiss between 2019 and 2021 based on breach of
contractual obligation and violation of his double jeopardy rights.

Link is the Smollet appeal document:
https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/a7129051-787a-4db9-ac44-fe4065810b7d/1-22-0322%20Motion%20to%20Stay%20Appeal.pdf

[–] Keelai (31931) a year ago

Judge's order re: to release pending appeal:

"FINDING that the defendant has been convicted on non-violent offenses and that this Court will be
unable to dispose of the instant appeal before the defendant would have served his entire sentence of
incarceration:
IT IS HEREBY ORDERED THAT:
1. The motion of the defendant. Jussie Smollett , to stay his sentence of incarceration and to grant
him a bond pending the disposition of his appeal or until further order of this Court is
GRANTED; and
2. The defendant, jussie Smollett, shall be released from the custody of the Cook County Sheriff
upon the posting of a personal recognizance bond (1 Bond} in the amount of $150,000.
https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/ec74e198-0259-4dad-9de0-b96f2a9cacf4/1-22-0322%20Order%2003-16-22.pdf

JUST THE FACTS!

[–] duckofprey (1536) a year ago

🥱
Give it up dude. The people here on MovieChat
1) don’t give a shit
2) aren’t the people you need to convince. You are barking up the wrong tree with all of these posts
3) don’t give a shit

[–] Keelai (31931) a year ago

Yet you replied.

[–] duckofprey (1536) a year ago

That’s the most tired old reply in the history of message boards.

Not to mention it doesn’t really apply here. I really don’t give a shit what happens to him in THIS case, but I most certainly do not wish him any harm. The dude just made a stupid mistake and has paid for it dearly with the tarnishing of his career. Both are unfortunate.

[–] Keelai (31931) a year ago

You care about the case. You're hanging out in his discussion board.
And you replied a second time.

[–] duckofprey (1536) a year ago

No, I truly don’t care.
I’m just occupying my time while being basically confined home for a particular health reason. I have rarely left my apartment since August so I surf the net, hang out on forums and watch the boob tube all day.

I call them as I see them and I “see” that Mr Smollett conceived the whole thing.

Anyway, while I may have said it before, I mean it this time. I am over and out on this topic.

[–] Keelai (31931) a year ago

What convinced you? Any factual evidence?

[–] Keelai (31931) a year ago

Your opinion - no factual evidence.

[–] davebuffalo (3019) a year ago

I don't know much about Double Jeopardy, but as it pertains to a MOVIE SITE DISCUSSION, and not a POLITICAL SITE, I thought Ashley Judd was really hot in that movie.

[–] Keelai (31931) a year ago

"I don't know much about Double Jeopardy"

A person cannot be tried twice for the same crime.

[–] duckofprey (1536) a year ago

“A person cannot be tried twice for the same crime.”

Well, not totally true in those exact words, as a re-trial after a successful appeal is essentially being tried twice for the same crime.

It’s also not true in some cases, but most, yes. If found innocent, in the vast majority of cases you cannot be charged with the same crime on the exact same charges. However different charges on on or related to the crime you can be tried.

[–] Keelai (31931) a year ago

They were the exact same charges.

"Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

It doesn't say trial. Poor choice of words.

[–] duckofprey (1536) a year ago

“It doesn't say trial. Poor choice of words.”

Or maybe poor choice of a vague amendment for you to base your (no pun intended) case on. Not to mention it doesn’t fit anyway.

[–] Keelai (31931) a year ago

Interesting way for you to refer to the U.S. Constitution.

[–] kwestmo (4114) a year ago

Jussie, please give it up. If you're not Jussie, then you are a stalker.

[–] WandererFromYs (1676) a year ago

His lawyers already made this argument, and it was dismissed by the judge.

The way Judge James Linn saw it, the only way double jeopardy would apply is if Smollett was legally punished for what had happened to him since he was charged in connection with the January 2019 incident in downtown Chicago. But Linn determined that the deal in which the state’s attorney’s office agreed to drop charges without requiring Smollett to admit any wrongdoing and Smollett agreed to forfeit his $10,000 bond did not add up to legal punishment.

“There was no trial in this case, there was no jury empaneled, no witnesses were sworn, no evidence was heard, no guilty pleas were ever entered ... nothing like that every happened,” Linn said of the 2019 case. “There was no adjudication of this case.”

[–] Keelai (31931) a year ago

Not to the Appellate Division.

"The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "

It doesn't say anything about trial. Majority of criminal cases have no trial. He was legally punished: complete community service and forfeit his $10,000 bail bond to the City of Chicago. Agreements without admitting guilt happens all the time and he maintains his innocence.

[–] RoboReCop (2706) a year ago

Jussie's lawyers are prolly planning to take the case to the Supreme Court, I presume. Should be interesting, to say the least, to watch the progression of this case.