The Illinois Supreme Court has overturned actor Jussie Smollett’s conviction for allegedly orchestrating a 2019 racist and homophobic attack on himself in downtown Chicago.
The decision on Thursday comes after Smollett’s legal team argued that the case should have ended when the Cook County State’s Attorney’s office dropped an initial set of 16 charges. However, a special prosecutor later revived the case, leading to Smollett’s conviction in 2021 on five counts of disorderly conduct.
In its decision on Thursday, the state’s highest court sided with Smollett, determining that the involvement of the special prosecutor after the initial dismissal raised significant legal questions. His attorneys argued that Smollett had already performed community service and forfeited a $10,000 bond as part of an earlier resolution, contending that a subsequent prosecution was unjust.
According to the Chicago Tribune, the opinion reads:
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.
Smollett testified during his trial that “there was no hoax” and that he was the victim of a hate crime. The actor claimed two men attacked him, insulted him with slurs, and placed a noose around his neck in what prosecutors later alleged was a staged incident designed to attract public sympathy.
Prosecutors, however, claimed that Smollett paid $3,500 to two acquaintances from his show Empire to carry out the attack.
Smollett was sentenced to 150 days in jail—of which he had served six before being released on appeal.
