{"id":3341,"date":"2020-09-23T17:00:54","date_gmt":"2020-09-23T22:00:54","guid":{"rendered":"http:\/\/askcarterlaw.com\/?p=3341"},"modified":"2020-09-23T18:51:10","modified_gmt":"2020-09-23T23:51:10","slug":"motion-to-dismiss-jussie-smollett-files-to-dismiss-renewed-charges-for-staging-hate-crime","status":"publish","type":"post","link":"https:\/\/askcarterlaw.com\/home\/motion-to-dismiss-jussie-smollett-files-to-dismiss-renewed-charges-for-staging-hate-crime\/","title":{"rendered":"MOTION TO DISMISS: Jussie Smollett Files to Dismiss Renewed Charges for Staging Hate Crime"},"content":{"rendered":"

Here we go again.<\/p>\n

Jussie Smollett is now facing renewed charges for allegedly staging a hate-crime attack against himself in January 2019. \u00a0In this attack, Smollett claimed he was accosted by men who beat him, tied a rope around his neck, and allegedly exclaimed “this is MAGA country.”<\/p>\n

It was later discovered that his attackers were Abel and Ola Osundairo, brothers who Smollett knows from Fox\u2019s \u201cEmpire.” \u00a0The brothers were apparently paid to stage the hate crime because Smollett was unhappy with his salary. \u00a0Felony charges for the stage were dropped against Smollett in March 2019, when Chicago Judge Michael Toomin ruled the case needed to be investigated by a special prosecutor.\u00a0 As a result, new charges were brought in February 2020. These new charges are not considered double jeopardy because the original charges were dropped before a trial began. Double jeopardy is not attached until either the jury is sworn in or a plea agreement is entered.<\/p>\n

\"\"<\/a><\/p>\n

Smollett\u2019s legal team filed a motion to dismiss the charges on September 9th, <\/sup>claiming that the second indictment was based on \u201cillegal and incompetent evidence.\u201d\u00a0 According to the motion, the grand jury relied on old testimony transcripts from the Osundairo brothers from the prior case that was dropped.<\/p>\n

The Osundairo brothers were also not called to provide live testimony, even though they live locally in Chicago, and were available and cooperating.<\/p>\n

\"\"<\/a><\/p>\n

The motion states: \u201cThe OSP cannot have it both ways.\u00a0 It cannot convene a special grand jury based on Judge Toomin\u2019s Order but then rely on the transcripts from those \u2018void\u2019 proceedings to secure a new indictment.\u201d<\/p>\n

Smollett\u2019s attorneys also argue that Webb\u2019s team ignored a statutory requirement to inform the grand jurors they had the right to demand live testimony if they so desired.\u00a0 They claim that the \u201cOSP\u2019s failure to inform the special grand jury at the commencement of the proceedings, before each witness testified, and before a true bill was requested, misled the grand jury and deprived Mr. Smollett of his right to due process of law.\u201d<\/p>\n

What do you think? Do you think Smollett’s case will be dismissed?<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Here we go again. Jussie Smollett is now facing renewed charges for allegedly staging a hate-crime attack against himself in…<\/p>\n","protected":false},"author":11,"featured_media":3344,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[130,131,80],"tags":[336,1222,329,1221],"_links":{"self":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts\/3341"}],"collection":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/comments?post=3341"}],"version-history":[{"count":4,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts\/3341\/revisions"}],"predecessor-version":[{"id":3356,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts\/3341\/revisions\/3356"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/media\/3344"}],"wp:attachment":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/media?parent=3341"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/categories?post=3341"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/tags?post=3341"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}