'Empire' Renewed but New Season Won't Feature Jussie Smollett

Published: 5/1/2019, 7:36:11 AM EDT

'Empire' Renewed but New Season Won't Feature Jussie Smollett — "Empire" actor Jussie Smollett (C), arrives at Leighton Criminal Court Building for a hearing to discuss whether cameras will be allowed in the courtroom during his disorderly conduct case, in Chicago on March 12, 2019. (Matt Marton/AP Photo)

"Empire" will see a season 6 but there are no plans for the new season to feature Jamal Lyons, the character played by Jussie Smollett.

"By mutual agreement, the studio has negotiated an extension to Jussie Smollett's option for season 6, but at this time there are no plans for the character of Jamal to return to 'Empire,'" Fox said in a statement on April 30.

Smollett played one of the main characters in the show but producers were forced to deal with an extended real-life drama surrounding the actor when he claimed he was attacked in downtown Chicago on Jan. 29, only to be arrested in March for allegedly filing a false police report.

A grand jury returned 16 felony counts against the 36-year-old but all charges were inexplicably dropped by Chicago prosecutors, extending the drama even further as top prosecutors called the agreement, which didn't include any admission of wrongdoing, abnormal, and State Attorney Kim Foxx, who chose to drop the charges and admitted she didn't actually recuse herself despite claims to the contrary earlier in the case, was subpoenaed to appear in court to answer questions about the case.

Cook County State's Attorney Kim Foxx speaks at a news conference in Chicago, on Feb. 22, 2019. (Kiichiro Sato/AP Photo) — Cook County State's Attorney Kim Foxx speaks at a news conference in Chicago, on Feb. 22, 2019. Kiichiro Sato/AP Photo

Abel Osundairo, left, and his brother Ola Osundairo, in a file photo. (Team Abel/Instagram) — Abel Osundairo, left, and his brother Ola Osundairo, in a file photo. Team Abel/Instagram

Two of Foxx's deputies resigned in the wake of the charges being dropped while Smollett faces two lawsuits himself: one from the city of Chicago for the many hours poured into the case and one from Abel and Ola Osundairo, the Nigerian-American brothers who told police that Smollett paid them $3,500 to fake the alleged attack.

While Fox said Smollett wouldn't be a part of season 6, the actor expressed hope that he would be able to rejoin the show.

"We've been told that Jussie will not be on 'Empire' in the beginning of the season but he appreciates they have extended his contract to keep Jamal's future open," a representative said in a statement sent to news outlets. "Most importantly he is grateful to Fox and 'Empire' leadership, cast, crew, and fans for their unwavering support."

Supporters had asked Fox to bring Smollett back to the show, including leading cast members Taraji Henson and Terrence Howard.

(L-R) Actors Jussie Smollett, Terrence Howard, Taraji P. Henson, Co-Creator/Writer/Executive Producer Lee Daniels, and Executive Producers Sanaa Hamri and Ilene Chaiken of 'Empire' speak at the Beverly Hilton Hotel in California on Aug. 8, 2017. (Frederick M. Brown/Getty Images) — (L-R) Actors Jussie Smollett, Terrence Howard, Taraji P. Henson, Co-Creator/Writer/Executive Producer Lee Daniels, and Executive Producers Sanaa Hamri and Ilene Chaiken of 'Empire' speak at the Beverly Hilton Hotel in California on Aug. 8, 2017. Frederick M. Brown/Getty Images

Jussie Smollett (second from left) appears in an episode of "Empire" with (from left to right) Bryshere Gray, Taraji Henson, and Terrence Howard. (Chuck Hodes/FOX via AP) — Jussie Smollett (second from left) appears in an episode of "Empire" with (from left to right) Bryshere Gray, Taraji Henson, and Terrence Howard. Chuck Hodes/FOX via AP

“Together, as a united front, we stand with Jussie Smollett and ask that our co-star, brother, and friend be brought back for our sixth season of 'Empire,'” Henson, Howard, and a number of others wrote in the April 19 letter obtained by Deadline.

“Throughout 'Empire’s' five seasons working with Jussie and watching how he has conducted himself throughout this traumatic event, we have come to know not just the character Jussie portrays, but also truly come to know Jussie’s personal character. He is kind. He is compassionate. He is honest and above all he is filled with integrity," the letter, sent to Fox Entertainment CEO Charlie Collier, Disney TV Studios and ABC Entertainment chair Dana Walden, Fox Entertainment president Michael Thorn, "Empire" co-creators Lee Daniels and Danny Strong, and other executive producers on the series, continued.

“He is also innocent and no longer subject to legal uncertainty with the criminal charges against him having been dropped. We are confident in his lawyer’s assurance that the case was dismissed because it would not have prevailed.”