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Kennedy Felton Lifestyle Correspondent/Producer
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Jussie Smollett’s conviction overturned in hate crime hoax case

Kennedy Felton Lifestyle Correspondent/Producer
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The Illinois Supreme Court has overturned Jussie Smollett’s conviction. The actor was found guilty of staging a hate crime in 2019.

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In a 5-0 decision, the court ruled Smollett’s due process rights were violated. The case has been sent to a lower court for formal dismissal.

The 2019 incident

Smollett, a former “Empire” star, claimed he was attacked in downtown Chicago. He said two men assaulted him while yelling racist and homophobic slurs. Smollett also alleged they placed a noose around his neck.

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Police launched a “full scale hate crimes investigation,” which made national headlines. However, prosecutors later alleged the attack was staged.

Prosecutors’ claims

Authorities said Smollett was upset over hate mail he received on set. They claimed he paid the two men – who happened to be brothers – $3,500 to fake the attack. The brothers testified that Smollett gave them lines to yell, including references to then-President Trump’s “Make America Great Again” slogan.

In 2019, Smollett was charged with 16 counts of disorderly conduct. However, Cook County State’s Attorney Kim Foxx’s office dropped the charges. Smollett agreed to forfeit a $10,000 bond and complete community service.

Refiled charges and conviction

A special prosecutor was appointed in 2020 and reopened the case. Smollett was tried on six counts of disorderly conduct in 2021. He was convicted on five counts by a jury.

Smollett was sentenced to 150 days in jail, 30 months of probation and $130,000 in restitution. He served six days before being released pending his appeal.

Illinois Supreme Court ruling

The Illinois Supreme Court ruled the second prosecution violated Smollett’s rights. The court said the original nonprosecution agreement should have been honored.

Justice Elizabeth Rochford wrote, “What would be more unjust than the resolution of any one criminal case would be a holding from this court that the state was not bound to honor agreements upon which people have detrimentally relied.”

The court’s decision ends years of legal battles and public scrutiny. Smollett has maintained his innocence throughout the case.

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THE ILLINOIS SUPREME COURT has OVERTURNED ACTOR JUSSIE SMOLLETT’S CONVICTION FOR LYING ABOUT A STAGED HATE CRIME IN 20-19.

THE FORMER “EMPIRE” ACTOR… HAD BEEN CONVICTED OF STAGING A RACIST AND HOMOPHOBIC ATTACK AGAINST HIMSELF IN DOWNTOWN CHICAGO.

THE INCIDENT HAPPENED IN JANUARY OF 20-19.

SMOLLETT – WHO IDENTIFIES AS A BLACK AND GAY MAN – TOLD POLICE TWO MEN ASSAULTED HIM WHILE SHOUTING HOMOPHOBIC AND RACIST SLURS.

PROSECUTORS ALLEGED SMOLLETT PAID THE TWO MEN – WHO HAPPENED TO BE BROTHERS – 35-HUNDRED DOLLARS TO HELP HIM STAGE THE ATTACK.

THE BROTHERS EVEN TESTIFIED THAT SMOLLETT GAVE THEM LINES TO YELL… INCLUDING REFERENCES TO THEN-PRESIDENT TRUMP’S “MAKE AMERICA GREAT AGAIN” SLOGAN.

JUSSIE SMOLLETT:

“I am INNOCENT and I am not suicidal. If I did this, then it means I stuck my fist in the ??? of Black Americans in this country for over 400 years and the ??? of the LGBTQ community.” 

POLICE LAUNCHED A MASSIVE SEARCH FOR SUSPECTS AFTER SMOLLETT CLAIMED THE MEN ALSO TOSSED A NOOSE AROUND HIS NECK.

PROSECUTORS ARGUED THE ATTACK WAS STAGED BECAUSE SMOLLETT WAS UNHAPPY WITH THE STUDIO HE WAS WORKING WITH AND THEIR RESPONSE TO HATE MAIL HE RECEIVED.

SMOLLETT WAS INITIALLY INDICTED ON 16 COUNTS OF DISORDERLY CONDUCT IN MARCH OF 20-19.

BUT THE COOK COUNTY STATE’S ATTORNEY LATER DROPPED THE CHARGES IN EXCHANGE FOR HIM FORFEITING HIS 10-THOUSAND DOLLAR BOND AND COMPLETING COMMUNITY SERVICE.

A SPECIAL PROSECUTOR RE-FILED THE CASE… LEADING TO A JURY CONVICTION ON FIVE COUNTS OF DISORDERLY CONDUCT IN 20-21.

SMOLLETT WAS SENTENCED TO 150 DAYS IN JAIL BUT SERVED JUST SIX DAYS BEFORE BEING RELEASED PENDING HIS APPEAL.

THURSDAY in a 5-0 decision… the ILLINOIS SUPREME COURT RULED THAT SMOLLETT HAD BEEN WRONGFULLY CHARGED AFTER ENTERING INTO A NONPROSECUTION AGREEMENT WITH THE COOK COUNTY STATE’S ATTORNEY. 

A VIOLATION OF HIS DUE PROCESS RIGHTS… SAYING THE INITIAL CHARGES SHOULD HAVE BEEN HONORED.

THE COURT HAS REMANDED THE CASE TO THE LOWER COURT TO FORMALLY DISMISS IT… ENDING YEARS OF LEGAL AND PUBLIC CONTROVERSY OVER THE CASE.

WITH SAN, I’M KENNEDY FELTON.

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