CHICAGO — The alleged hoax attack on actor Jussie Smollett may not have been caught on camera, but his upcoming sentencing in a Cook County courtroom will be.
Reversing his previous order, Judge James Linn on Friday ruled that news cameras will be allowed into his courtroom at the Leighton Criminal Court Building when Smollett is sentenced on March 10.
Cameras had been barred during the actor’s high-profile trial last year. Linn also had initially denied a request for cameras at sentencing, but changed his mind after a hearing Thursday at which an attorney representing local news stations urged him to reconsider.
“We believe this case is of critical importance to the public — it developed not only local but worldwide interest,” attorney Steven Mandell said in court Thursday, arguing that increased transparency can help ensure trust in the justice system.
Smollett’s attorneys, by contrast, argued that reporters were able to cover the trial extensively without the benefit of cameras, and after all, the case only involved low-level felony charges.
“Very powerful political figures have been commenting on this case since 2019,” Nenye Uche, Smollett’s lead defense attorney, said in court. “… What we are afraid of is if cameras are put in the courtroom, beyond the possible distractions, we don’t want anyone attempting to exert any sort of influence on our judicial process.”
The team of special prosecutors who were appointed to handle the Smollett case took no position on whether cameras should be allowed.
A jury convicted Smollett in December on five out of six counts of disorderly conduct, a Class 4 felony. Prosecutors said he falsely reported to police that he was a victim of a hate crime attack in the early morning hours of Jan. 29, 2019.
Smollett’s attorneys are scheduled to present posttrial motions on March 10; if they are denied, the case will proceed to a sentencing hearing.
Linn, who presided over Smollett’s trial, will have a range of options come sentencing. Class 4 felonies carry penalties of one to three years in prison, but also probation or conditional discharge, which is similar to probation but with less strict conditions.
It is likely that if Smollett is sentenced on all five counts, the sentences will run concurrent with each other, but Linn would have the option to impose consecutive sentences if he determines it is necessary to protect the public from further criminal conduct by Smollett.
News cameras are not allowed in Cook County courtrooms except by explicit permission from the judge.
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