The actor was sentenced to five months in jail after being convicted last year of filing a false police report that said he had been the victim of a racist and homophobic attack.
A judge must decide whether to send the actor to prison after a jury convicted him last year of falsely reporting that he was the victim of a racist and homophobic hate crime in 2019.
The actor who was found guilty of falsely telling the police he was the victim of a hate crime faces a possible sentence of up to three years, but experts disagree on whether the judge is likely to incarcerate him.
Mr. Smollett was convicted of filing a false police report in 2019 claiming he had been the victim of a racist and homophobic attack. The jury deliberated for more than nine hours.
After closing arguments on Wednesday, the panel began considering whether the actor had staged a hate crime against himself, as the two men who attacked him have testified.
Mr. Smollett was questioned Tuesday by the prosecution about his interactions with his attackers shortly before the 2019 assault.
The actor, who is accused of directing two brothers to mildly attack him, and then reporting it as a hate crime, took the stand at his criminal trial on charges related to the 2019 assault.
Under questioning by Mr. Smollett’s defense team, two brothers who say they participated in a fake attack denied suggestions they had lied to avoid prosecution.
Abimbola Osundairo, testifying at Mr. Smollett’s trial on charges of filing a false police report, said “he wanted me to fake beat him up.”
A detective told jurors at Mr. Smollett’s trial how the actor had gone from victim to suspect as the investigation unfolded. But the actor’s lawyer suggested the police work was not thorough.
The actor said in 2019 that he was the victim of a hate crime, but the police said it was a hoax. His trial will revolve around charges that he filed a false police report.
The actor is facing disorderly conduct charges related to accusations of lying to the police about a hate crime they say he staged.
An investigation has found that the state’s attorney’s office did not violate the law in its handling of the case against the actor Jussie Smollett, but it cited substantial “operational failures.”