The Illinois Supreme Court has overturned Jussie Smollett’s conviction. The actor was found guilty of staging a hate crime in 2019.
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.
