The Illinois Supreme Court has overturned the conviction of former “Empire” actor Jussie Smollett for falsely reporting a 2019 hate crime..
In 2021, Smollett was convicted of fabricating a racist and homophobic attack and providing false information to the police. According to his lawyers, this action was deemed a violation of his Fifth Amendment rights. They argued that Cook County State’s Attorney Kim Foxx had previously reached an agreement in 2019 to dismiss the charges against Smollett upon payment of a $10,000 fine and completion of community service. However, a special prosecutor later reinstated the charges, ultimately resulting in his trial and subsequent conviction.
The court, in its decision filed on Thursday, stated that it is addressing a crucial issue regarding the State’s obligation to uphold the agreements it enters into with defendants.
According to the court, it determined that the state cannot pursue a second prosecution against Smollett following the dismissal of the initial charges under an agreement where the actor fulfilled the terms. The court emphasized that Illinois case law deems it unjust to allow the prosecution to backtrack on a deal with a defendant when the defendant has relied on the agreement to their disadvantage.
“We understand that this case has sparked a tremendous deal of public interest, and many individuals were dissatisfied with the outcome of the initial trial, feeling that it was unfair. However, it would be even more unjust if this court were to rule that the state is not obligated to uphold agreements that people have relied upon to their detriment,” the statement emphasized.
Jussie Smollett was present at the Point Honors New York Gala held at The Plaza Hotel on April 9, 2018 in New York City, celebrating the achievements of LGBTQ students.
The court’s decision highlighted several cases, including that of Bill Cosby. In 2021, Pennsylvania’s highest court overturned his conviction on sexual assault charges.
In 2018, Cosby received a sentencing of three to 10 years in state prison for reportedly drugging and sexually assaulting Andrea Constand, a former employee of Temple University, in 2004. However, the Pennsylvania Supreme Court recently reviewed Cosby’s appeal and determined that his prosecution should not have taken place. This decision was based on a deal Cosby made with former Montgomery County prosecutor Bruce Castor, wherein Castor agreed not to pursue criminal charges against Cosby if he provided a deposition for a civil case filed against him by Constand.
The Illinois Supreme Court pointed to the Cosby case as an example, emphasizing that reneging on an agreement that was fully executed would be arbitrary, unreasonable, fundamentally unfair, and a violation of the defendant’s due process rights. In the case of Smollett, who forfeited a $10,000 bond, the court recognized the importance of upholding the integrity of agreements.
The Illinois Supreme Court has made a significant decision by overturning previous rulings made by Cook County and appellate courts. As a result, the court has ordered the case to be returned to the lower court for the charges to be officially dismissed.
Smollett’s legal team celebrated the Illinois Supreme Court’s ruling to overturn his convictions, viewing it as a triumph for justice and fairness.
“This was not a prosecution, but rather a vindictive persecution,” stated lead attorney Nenye Uche during a press conference held in Chicago on Thursday afternoon. He emphasized, “The Supreme Court has made it abundantly clear that prosecutions should be grounded in facts, not influenced by public opinion.”
“He added that if it had been an ordinary citizen, this case would not have gone to trial.”
According to Smollett’s legal team, this decision implies that the actor is not required to pay any additional fines or perform any additional service.
Uche emphasized that their primary focus at the moment is on the criminal appeal, despite the ongoing civil case against Smollett in Chicago regarding reimbursement of investigation costs.
During the press briefing, Shay Allen, another attorney on Smollett’s legal team, expressed their opinion that this case has already consumed a significant amount of taxpayer money. They emphasized the need to move forward and put an end to the ongoing expenses.
Dan Webb, who a Cook County judge appointed to further investigate the case following the Cook County State’s Attorney’s Office dropping all charges against the actor, expressed his disappointment in the court’s ruling.
In a lengthy statement, he expressed his respectful disagreement with the Court’s factual and legal reasoning, which he believes have overturned long-standing Illinois precedent.
According to him, the Illinois Supreme Court found no fault with the substantial evidence presented during the trial. This evidence pointed towards Mr. Smollett orchestrating a fabricated hate crime and then falsely reporting it as a genuine hate crime to the Chicago Police Department. Additionally, he mentioned that the unanimous verdict of the jury confirmed Mr. Smollett’s guilt on five counts of felony disorderly conduct.
According to him, the Office of the Special Prosecutor, the trial court, and the Chicago Police Department are not at fault for this decision. He emphasizes that this outcome was made possible solely because of the exceptional resolution of the initial case by the Cook County State’s Attorney’s Office.
“Although the ruling has been made, the City of Chicago still has the right to continue its ongoing civil lawsuit against Mr. Smollett. Their aim is to recover the more than $120,000 in overtime expenses that were incurred by the Chicago Police Department during the investigation of Mr. Smollett’s fabricated hate crime,” Webb stated.
In December 2021, Smollett was found guilty by a jury on five out of six felony counts of disorderly conduct. The charges were related to his false police report and lying to the authorities. The investigation into his allegations cost the police over $130,000.
After his conviction, he received a sentence of 150 days in county jail. Additionally, he was required to pay $120,000 in restitution to the city of Chicago, a fine of $25,000, and serve 30 months of felony probation.
The incident unfolded when the actor, who is openly gay, reported to the police that he had been assaulted by two individuals while walking near his Chicago residence on January 29, 2019. According to his account, the attackers hurled racist and homophobic insults at him, physically assaulted him, doused him with an unidentified chemical substance, and even fastened a rope around his neck.
Chicago police began to uncover holes in Smollett’s attack story after they located two individuals, Abimbola and Olabinjo Osundairo, who were caught on a security video near the alleged crime scene. The Osundairo brothers disclosed to authorities that Smollett had paid them $3,500 to assist him in orchestrating and staging the incident.
In March 2019, Smollett faced a grand jury indictment on 16 felony counts of disorderly conduct for filing a false police report. Surprisingly, Foxx’s office decided to drop the charges later that month, even though they acknowledged that Smollett had indeed fabricated the street attack on himself as a ploy to secure a pay raise for his role on “Empire.” As part of a deal with prosecutors, Smollett agreed to forfeit 10% of a $100,000 bond and completed community service before the charges were dismissed.
In June 2019, Webb was assigned the task of investigating the decision to drop all charges against Smollett. As a result, the actor was later indicted in February 2020 on six felony counts of disorderly conduct for filing false reports to the police.