Illinois Supreme Court Reverses Jussie Smollett’s Conviction
Former “Empire” Actor’s Conviction Overturned
The Illinois Supreme Court has reversed the conviction of actor Jussie Smollett, citing his second prosecution after his charges were initially dropped as the main reason why his conviction was overturned.
Main Reason for Overturning Conviction
The court cited Smollett’s second prosecution after his charges were initially dropped as the main reason why his conviction was overturned. Smollett was convicted of falsely reporting a 2019 hate crime against him in 2021. Smollett, who is Black and gay, alleged his attackers shouted racist and homophobic slurs at him before putting a noose around his neck on a freezing night in Streeterville.
Initial Charges Dropped
Prior to his conviction, Cook County State’s Attorney Kim Foxx initially dropped his 16 charges in Apr. 2019 — which is the basis of Thursday’s Supreme Court ruling. Foxx, who recused herself from the case after she communicated with a Smollett relative during the probe, reiterated that she welcomed of an independent investigation into the way she and her office handled the case.
Second Prosecution and Conviction
That came in Aug. of 2019, when Cook County Judge Michael Toomin’s appointed former U.S. attorney Dan Webb as special prosecutor. Webb led the prosecution efforts the second time around and a grand jury returned a six-count indictment against the actor on Feb. 11, 2020. Smollett was found guilty of five of six disorderly conduct charges on Dec. 9, 2021.
Sentence and Appeal
Smollett was sentenced to 150 days in jail, 30 months of probation and ordered to pay more than $130,000 in restitution. He had served six days of the sentence. Smollett took his case to the Illinois Supreme Court in September in a last-ditch effort to have his 2021 conviction overturned. The Appellate Court of Illinois denied Smollett’s request to toss his conviction in December of last year.
Illinois Supreme Court Ruling
The Illinois Supreme Court wrote in its ruling, “Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants. Specifically, we address whether a dismissal of a case by nolle prosequi allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain. We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction.”
Special Prosecutor’s Statement
Special prosecutor Dan Webb sent a lengthy statement, saying he disagreed with the decision. “We are disappointed in the Illinois Supreme Court’s decision today to overturn Jussie Smollett’s convictions and sentence, including the award of over $120,000 in restitution to the City of Chicago for its overtime expenses in investigating Mr. Smollett’s fake hate crime. We respectfully disagree with the Court’s factual and legal reasoning which upends long-standing Illinois precedent.”
Conclusion
The Illinois Supreme Court’s decision to overturn Jussie Smollett’s conviction is a significant development in the case. While Smollett’s conviction has been overturned, the City of Chicago remains able to pursue its pending civil lawsuit against him in order to recoup the over $120,000 in overtime expenses the Chicago Police Department incurred for investigating Smollett’s fake hate crime.
FAQs
Q: Why did the Illinois Supreme Court overturn Jussie Smollett’s conviction?
A: The court cited Smollett’s second prosecution after his charges were initially dropped as the main reason why his conviction was overturned.
Q: What was the initial charge against Jussie Smollett?
A: Smollett was initially charged with 16 counts of disorderly conduct for falsely reporting a 2019 hate crime against him.
Q: Who was the special prosecutor in the case?
A: Former U.S. attorney Dan Webb was appointed as the special prosecutor in the case.
Q: What was the outcome of the trial?
A: Smollett was found guilty of five of six disorderly conduct charges on Dec. 9, 2021.
Q: What is the next step in the case?
A: The City of Chicago remains able to pursue its pending civil lawsuit against Smollett in order to recoup the over $120,000 in overtime expenses the Chicago Police Department incurred for investigating Smollett’s fake hate crime.
