The Illinois Supreme Court has overturned the conviction of actor Jussie Smollett on charges that he falsely reported to Chicago police that he was the victim of a hate crime.
The court’s decision to overturn the conviction stemmed from what the court determined was a violation of due process. The court ruling stated that prosecutors from the Cook County State’s Attorney’s Office decided to “resolve the charges” by requiring Smollett to perform 15 hours of community service and forfeit his $10,000 bond.
But after this agreement was made, a special prosecutor brought the case back.
Smollett claimed to police in January 2019 that two men attacked him and cursed at him, also saying, “This is MAGA country.” He said a noose was put around his neck. Following a police investigation, Smollett was arrested on charges that he staged the attack. Two brothers Abimbola ‘Bola’ and Olabinjo ‘Ola’ Osundairo said they helped organize the attack. Smollett claimed and continues to claim his innocence.
Thursday’s court decision focuses less on those events and more on what happened next, when Smollett was prosecuted after reaching a deal.
While Smollett’s counsel previously tried to raise this issue — saying he was “duped by the state for re-indicting him after he forfeited a substantial bond to the city of Chicago in exchange for dismissing the indictment” – the attempt did not work.
Smollett faced a jury trial and was convicted of five misdemeanor counts of disorderly conduct. He was sentenced to 30 months probation, 150 days in Cook County Jail, and was ordered to pay a $25,000 fine and $120,106 in restitution to Chicago.
The Illinois Supreme Court said the state is bound by the agreement it made because Smollett performed its part of the agreement — in other words, the court said the state should have dismissed the suit. Although the state argued it should have refiled the charges anyway, the court said Illinois case law establishes this is unfair.
“Because the initial charge was dismissed as part of an agreement with the defendant and the defendant performed his part of the agreement, the second prosecution was barred,” the Illinois Supreme Court said in its ruling.
The Illinois Supreme Court said it knew the case aroused public interest and that people believed the resolution of the original case was unjust.
“What would be more unjust than the resolution of any criminal case, however, would be for this court to hold that the state is not obliged to honor agreements on which people have harmfully relied,” the court said.
Jussie Smollett’s lead attorney Nenye Uche speaks to reporters during a press conference, Thursday, Nov. 21, 2024, in Chicago, after the Illinois Supreme Court overturned Smollett’s conviction on charges of organizing a racist and homophobic attack on himself in 2019 and lying to himself . Chicago Police. | Ashlee Rezin
Nenye Uche, an attorney for Smollett, told CNN that the case should not have gone to trial. “This was a vindictive prosecution. This was not persecution,” Uche said, adding, “I’m sure Jussie would want an apology, but he’s a realistic man, right? He knows he’s not going to get it.”
“We are disappointed with the Illinois Supreme Court’s decision today to overturn Jussie Smollett’s convictions and sentence, including awarding more than $120,000 in restitution to the city of Chicago for its overtime in investigating the fake hate crime of Mr. Smollett,” said Special Prosecutor Dan. K. Webb (the prosecutor appointed months after the agreement between Smollett and the plaintiffs was made) in a statement.
Webb said he respectfully disagreed with the court, saying Illinois law does not prohibit re-prosecution under the circumstances.
