Jussie Smollett Hate Crime Hoax Conviction Overturned By Illinois Supreme Court

CHICAGO — The Illinois Supreme Court on Thursday reversed the conviction of Jussie Smollett, the former “Empire” actor accused of orchestrating a hate crime hoax against himself.

The state's highest court ruled 5-0 that a special prosecutor's decision to pursue new charges — after a deal had already been reached with Cook County prosecutors — violated his due process rights.

The decision brings a final disposition to a case that has captivated national attention since 2019.

“We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction,” Justice Liz Rochford wrote on behalf of a unanimous court.

The 32-page opinion noted that the original agreement between Smollett and Cook County State’s Attorney Kim Foxx’s office, which included forfeiting his $10,000 bond and completing community service, resolved the case and barred further prosecution.

Allowing prosecutors to renege on such agreements undermines the justice system’s integrity, the justices found.

Smollett, 42, initially reported being the victim of a hate crime in January 2019, claiming two men attacked him near his Streeterville apartment, shouted racist and homophobic slurs, poured bleach on him and placed a noose around his neck.

Weeks later, Chicago police accused Smollett of staging the attack with the help of brothers Olabinjo and Abimbola Osundairo, alleging he paid them $3,500 to fake the assault as a publicity stunt. Smollett denied the accusations, maintaining his innocence throughout the ensuing legal battle.

In February 2019, Cook County prosecutors charged Smollett with 16 counts of felony disorderly conduct.

The next month, the charges were abruptly dropped under an agreement with Foxx’s office, which cited Smollett’s completed community service and bond forfeiture as reasons for the dismissal.

That decision drew intense backlash, leading to the appointment of former U.S. Attorney Dan Webb as a special prosecutor to investigate both Smollett’s actions and the handling of the case by Foxx’s office.

Webb refiled charges in early 2020, and a jury convicted Smollett in December 2021 on five counts of disorderly conduct for making false statements to police. He was sentenced to 150 days in jail, 30 months of probation and ordered to pay $130,160 in restitution.

Smollett served six days in jail before being released pending appeal. In December 2023, a Cook County appellate court upheld his conviction in a 2-1 decision that found no one promised Smollett he would not face a fresh prosecution after accepting the original deal.

"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," Rochford wrote for the Illinois Supreme Court, overruling the appellate panel. "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."

Despite the jury's decision, Smollett has continued to maintain his innocence, telling an interview earlier this year he could not believe the public would believe the "stupid rumor" that he staged the attack on himself.

In October 2023, his representatives confirmed Smollett had entered an outpatient rehab program. No reason was provided, but evidence about his alleged accomplices in the fake hate crime scheme supplying him with narcotics emerged during his trial.

Though his reputation has been undoubtedly tarnished, Smollett's next act in Hollywood is already underway.

His creative endeavors continued with the debut of the film, "The Lost Holliday," at the American Black Film Festival in June, which he cowrote, directed and produced. Actress Vivica Fox has also collaborated with Smollett on a recent project filmed in Orange County.

And in August, producer and "Empire" co-creator Lee Daniels revealed he was willing to collaborate with Smollett in the future, calling the actor “a son” and acknowledging their complicated relationship.

The Illinois Supreme Court's ruling remands the case back to the trial court judge and orders its dismissal.

Read more:

• Jussie Smollett: IL Supreme Court To Hear Appeal In Staged Attack Case
• Jussie Smollett To Serve 150-Day Sentence In Protective Custody
• Jury Finds Actor Jussie Smollett Guilty On Five Felony Charges
• Smollett A 'Real Victim' Of Attack In Chicago: Lawyer