Disgraced television star Jussie Smollett is appealing his conviction of staging a fake hate crime against himself.
The former Empire star alleged that the “prosecutorial misconduct” in his case was “clear and egregious” in a 102-page document filed Wednesday with the Illinois Appellate Court obtained by the New York Post.
He and his lawyers are seeking a retrial.
WATCH: SMOLLETT SAYS HIS GOAL IS TO EXPAND HIS 'EMPIRE' IN RETURN TO HOLLYWOOD
Smollett was found guilty on March 10, 2022, of hiring two black men to attack and hurl racial and homophobic insults at him and then filing a false police report, apparently to boost his Hollywood career.
He was first arrested and charged in 2019, but after Cook County State’s Attorney Kim Foxx gave him a lenient sentence, a retrial sentenced him to 150 days in jail. However, his unstable condition in prison resulted in his early release after six days.
“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,” his lawyers wrote on Wednesday.
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They stressed the presence in the trial of “prosecutorial misconduct, including allegations that a defense witness was pressured to change his statement.” The trial judge also made a number of “biased” decisions, they claimed, pointing to his “closing remarks," which "demonstrated that Mr. Smollett’s sentencing took on a personal retributive tone.”
Despite his conviction, Smollett maintains his innocence. He has made several public appearances since his release last year and has openly announced his intentions to restart his career