In a surprising turn of events, the Illinois Supreme Court has overturned the conviction of actor Jussie Smollett, best known for his role on the TV show Empire, in connection with his 2019 hate crime hoax. Smollett had been convicted on five counts of disorderly conduct in 2021 for staging a racist and homophobic attack on himself, and was sentenced to 150 days in jail. However, he served only six days behind bars before being released on appeal. On Thursday, the state’s highest court ruled in Smollett’s favor, dismissing the charges against him.
ICYMI, the controversy dates back to January 2019, when Smollett claimed he was attacked near his Chicago apartment by two men who shouted homophobic and racist slurs, poured bleach on him, and placed a noose around his neck. He alleged the attack was politically motivated, with the attackers shouting “This is MAGA country.” However, after an extensive investigation, police determined that Smollett had orchestrated the entire incident with the help of two brothers, Abel and Ola Osundairo, who later testified that Smollett paid them to stage the attack.
Way back in 2019, Cook County State’s Attorney Kim Foxx’s office dropped the charges against Smollett in exchange for his forfeiting a $10,000 bond and performing community service. However, a special prosecutor, Dan Webb, was later appointed to re-examine the case, and in 2021, Smollett was indicted on new charges. The jury convicted him of five counts of felony disorderly conduct for filing a false police report. Smollett was sentenced to jail time, a fine, and ordered to pay restitution for the cost of the investigation.
What’s more, Smollett’s legal team argued that the original charges had been dismissed as part of an agreement, and that the reindictment violated his rights under the Fifth Amendment’s protection against double jeopardy. They claimed that once the charges had been dropped, Smollett had done his part by fulfilling the conditions of the deal, and prosecutors should not have been allowed to bring the case back to court. The Illinois Supreme Court agreed with Smollett’s defense, ruling that the second prosecution was a violation of due process.
In its resounding ruling, the court stated, “We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction.” Justice Elizabeth Rochford, writing for the majority, emphasized that Smollett had relied on the original dismissal and forfeiture of his bond, making a second prosecution unfair. The court also noted that Smollett had not challenged the evidence presented against him, and that the ruling had no impact on the allegations that Smollett staged the attack.
As expected, Smollett’s legal team expressed relief, with one attorney declaring, “We are incredibly pleased with the court’s ruling. Justice prevailed today.” However, special prosecutor Dan Webb expressed disappointment, stating, “Make no mistake—today’s ruling has nothing to do with Mr. Smollett’s innocence.” Webb pointed out that the ruling did not change the jury’s unanimous verdict that Smollett was guilty of the charges.
Now what’s interesting, the Illinois Supreme Court’s ruling does not affect a separate civil lawsuit filed by the City of Chicago, which is seeking to recover over $130,000 in costs for the investigation into Smollett’s false claims. Smollett has countersued the city, claiming malicious prosecution.
Here’s what’s not the best news, the court’s decision also leaves open the question of Smollett’s future legal troubles. Though his conviction has been overturned, the city of Chicago’s lawsuit, as well as potential federal implications, remain unresolved. The case continues to generate public interest, as many people still question Smollett’s motives and the impact of his actions on the public trust.
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