Two months after being convicted for falsely reporting hate crimes against himself, actor Jussie Smollett applied for a new trial in Chicago.
The 83-page document was filed by the former "Empire star" and claims that his constitutional rights were violated after the court prohibited his legal team from participating in the jury selection process. TMZ first reported the story.
According to documents obtained by NBC News Smollett's attorneys claim that the court made "multiple trial errors" leading up and during the trial.
They claim that they were not permitted to ask questions of potential jurors, which prevented them discovering possible biases and "questionable impartiality," in regard to Smollett's case.
According to the filings, one case in which a juror told the court that many of her relatives were current or former law enforcers is described. According to the document, the court did not investigate further her statements and did no allow Smollett’s lawyers to do so.
Defense team for the actor also stated that the evidence presented during the trial by prosecutors was "insufficient" and inconsistent, so that no reasonable trier could have found Mr. Smollett innocent beyond a reasonable doubt. There is therefore evidence that the jury verdict was contrary the evidence.
The filing states that "as such, defendant now respectfully requests that his convictions are vacated or that the Court grant him a new trial."
Smollett, 39 years old, was found guilty of five out of six charges against his, including felony disorderly behavior. Smollett was not found guilty of aggravated battery.
All the charges stemmed from a January 2019 report in which Smollett claimed that had been brutally attacked in Chicago’s Streeterville neighbourhood.
Black and gay actor claimed that two men punched, kicked, used homophobic and racist slurs against him, threw chemical in his face and tied a noose around him.
Olabingo Osundairo and Abimbola were arrested during the police investigation. They were later released. Smollett was arrested on February 21, 2019.
Authorities claimed that Smollett had hired the brothers to stage the attack to further his career. This claim was denied by the actor.
