Jussie Smollett's hate crime hoax conviction reversed as court demands honoring defendant's 'agreements'
CHICAGO, ILLINOIS: The Illinois Supreme Court overturned actor Jussie Smollett's conviction related to a January 2019 hate crime hoax case.
On Thursday, November 21, the court ruled that Smollett's rights had been violated, barring any further attempts to prosecute him for the same charges.
Smollett, who starred in the television series 'Empire', was initially convicted in 2021 on five felony counts and sentenced to 30 months probation, with 150 days to be served in Cook County Jail.
Why is court reversing Jussie Smollett's conviction?
In its ruling, the court stated that Jussie Smollett’s due process rights were violated when a special prosecutor pursued charges despite a previous agreement made by Cook County State’s Attorney Kim Foxx.
In March 2019, Foxx had struck a deal requiring Smollett to forfeit his $10,000 bond and complete 15 hours of volunteer community service.
Smollett had fulfilled the terms of this agreement, leading to the dismissal of the charges against him, as it was noted by the court.
"Today we resolve a question about the State's responsibility to honor the agreements it makes with defendants," the court noted in its decision, TMZ reported.
"We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction," it added.
Details of Jussie Smollett’s 2019 case
Prosecutors alleged that Jussie Smollett orchestrated a hate crime in January 2019, claiming he paid brothers Abimbola “Bola” Osundairo and Olabinjo “Ola” Osundairo $3,500 each to stage the attack, according to People.
Smollett reported being a victim of a racist and homophobic assault in Chicago, which drew significant media attention.
The case initially resulted in a 16-count indictment for disorderly conduct. However, Cook County prosecutors dropped the charges following the plea deal struck by Foxx’s office.
In 2020, a special prosecutor reopened the case, resulting in Smollett's trial and subsequent conviction on five felony counts.
Jussie Smollett's case: Court's ruling stresses defendant's 'bargain'
The court, while stressing that the dismissal of Jussie Smollett’s case in 2019 must be honored, also noted agreement in the bargain should not allow a second prosecution.
"Specifically, we address whether a dismissal of a case by nolle prosequi allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain," the court explained in its decision.
The Illinois Supreme Court's decision concludes years of legal battles over the controversial case.
Smollett, who is Black and openly gay, had maintained his innocence throughout the proceedings.
In December 2023, his appeal was rejected, and it was decreed that he must serve his sentence, although he had not yet begun to do so.
Smollett filed a petition on February 5, requesting the Illinois high court intervene in his legal battle.
His attorneys wrote in the petition that the "straightforward case has been complicated by the intersection of politics and public outrage," as reported by Fox News.
