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Judge tosses out Jussie Smollett's double jeopardy claim

Judge tosses out Jussie Smollett's double jeopardy claim
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CHICAGO (AP) — A Cook County judge has shot down actor Jussie Smollett's attempt to have the criminal charges against him dropped.

In a ruling issued Friday, Judge James Linn rejected the argument made by the actor's attorneys that the new charges filed after the original charges were dropped violates Smollett's right against double jeopardy.

Linn found that double jeopardy does not apply because Smollett has never been criminally punished.

In January 2019, Smollett told Chicago police that he was the victim of an anti-gay and racist attack but he was charged after police concluded that he allegedly staged the attack himself.