The Illinois Supreme Court on Thursday overturned the conviction of actor Jussie Smollett, who had been found guilty of staging a racist and homophobic attack against himself in Chicago in 2019 and lying to police about the incident.
In a unanimous 5-0 decision, the court ruled that a special prosecutor should not have been permitted to pursue charges after the Cook County State’s Attorney’s office initially dropped the case. The initial resolution included Smollett forfeiting a $10,000 bond and completing community service. The court did not address Smollett’s continued assertions of innocence.
Smollett, who is Black and gay, had reported that two men attacked him, used racial and homophobic slurs, and placed a noose around his neck, prompting a high-profile police investigation and international attention. Prosecutors later alleged that the actor orchestrated the incident because he was dissatisfied with the studio’s response to hate mail he had received while working on the TV series Empire, which was filmed in Chicago.
Justice Elizabeth Rochford, writing for the court, acknowledged the public’s dissatisfaction with the handling of the case but emphasized the importance of honoring legal agreements.
“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,” Rochford wrote.
Background of the Case
The Cook County State’s Attorney’s office, led by Kim Foxx, initially dropped 16 counts of disorderly conduct against Smollett. However, after the appointment of a special prosecutor, a grand jury reinstated the charges. Smollett was convicted of five counts of disorderly conduct in 2021.
During the trial, testimony revealed that Smollett allegedly paid $3,500 to two acquaintances to stage the attack, instructing them on what slurs to use and to reference “MAGA country,” alluding to Donald Trump’s campaign slogan. Smollett maintained his innocence, insisting there was “no hoax” and that he had been the victim of a hate crime.
He was sentenced to 150 days in jail—of which he served six days before being released pending appeal—along with 30 months of probation and $130,000 in restitution.
A state appellate court had previously upheld Smollett’s conviction, asserting that no agreement had shielded him from potential future prosecution.
Broader Implications
Smollett’s legal team argued that the actor was victimized by a politicized and racially biased justice system. The Illinois Supreme Court’s ruling now ends years of legal battles surrounding the case.
Illinois Supreme Court Chief Justice Mary Jane Theis and Justice Joy Cunningham recused themselves from the decision. The ruling underscores the court’s stance on upholding procedural agreements in criminal cases.