SPRINGFIELD, Ill. — Actor Jussie Smollett’s conviction on charges that he staged a racist and homophobic attack against himself in Chicago in 2019 and lied to police was overturned Thursday over prosecutorial issues in an Illinois Supreme Court decision that did not address his claim of innocence.
The state’s highest court found that a special prosecutor should not have been allowed to intervene after the Cook County state’s attorney initially dropped charges against Smollett in exchange for him forfeiting his $10,000 bond and conducting community service.
Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama “Empire,” which was filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio’s response to hate mail he received.
“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,” Justice Elizabeth Rochford wrote in the court’s 5-0 opinion. “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’s attorneys argued that the case was over when the office of Cook County State’s Attorney Kim Foxx dropped an initial 16 counts of disorderly conduct. The deal prompted immediate backlash, with then-Mayor Rahm Emanuel calling it “a whitewash of justice.” A special prosecutor was appointed, and a grand jury restored charges, leading to Smollett’s 2021 conviction on five counts of disorderly conduct.
Smollett was sentenced to 150 days in jail — six of which he served before he was freed pending appeal — and was ordered to pay about $130,000 in restitution.