Illinois Supreme Court overturned Jussie Smollett's hate crime conviction

By 
 November 22, 2024

Actor Jussie Smollett's conviction for falsely accusing himself of being a hate crime has been reversed by the Illinois Supreme Court.

The court ruled Thursday that the 42-year-old "Empire" actor was wrongly re-indicted for the same crime after having the first charges dropped in 2019, as Fox News reported.

According to the allegations, Smollett lied to the police and said he was the victim of a hate crime. On five charges of disorderly conduct, he was found guilty in 2021.

"Because the initial charges were dismissed as part of an agreement" with Smollett and he "performed his part of the agreement, the second prosecution was barred," the ruling said.

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"We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust.

"Nevertheless, 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 Alleged Attack

Smollett asserted in January 2019 that he was assaulted in Chicago by two individuals who hurled homophobic and racist insults at him, bound him by rope around the neck, and proclaimed, "This is MAGA country," alluding to the "Make America Great Again" slogan used by then-President Donald Trump.

The charges were ultimately dismissed weeks later, although Smollett was initially charged with an attack he allegedly planned with the help of two brothers he hired.

The actor reportedly agreed to do community service and forfeit his $10,000 bond to the city of Chicago, according to the office of Cook County State Attorney Kimberly Foxx.

Outgoing Chicago Mayor Rahm Emanuel had harsh words for the decision to dismiss the charges against Smollett: "This is a whitewash of justice." The specifics of the case's dismissal were to be investigated by a special prosecutor appointed in August 2019.

Another Change

Special prosecutor Dan Webb stated that additional prosecution was "in the interest of justice" when he stated that Smollett was indicted by a grand jury the following year on new charges "related to his false claims that he was the victim of a hate crime, knowing that he was not the victim of a crime."

According to Smollett, the hate crime did occur, and he has sought to have his conviction overturned on the grounds of double jeopardy.

He contended that the issue should not have been re-opened as he had already settled with the state in 2019.

"(Smollett) performed his end of the agreement and forfeited $10,000," Thursday's ruling stated. "If the previous proceeding is null and void, (he) could rightly wonder what happened to his $10,000."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson