American actor Jussie Smollett’s conviction for staging a racist and homophobic hate crime in Chicago in 2019 was overturned on Thursday due to due process violations.
The Illinois Supreme Court determined that Smollett, 42, should not have been recharged after a prior agreement resulted in the dismissal of more than a dozen initial charges.
This marks another chapter in Smollett’s legal saga, which began with his claim in January 2019 that he was attacked on a Chicago street. Smollett, then starring in the television series Empire, alleged that two masked men assaulted him, shouted slurs, and placed a noose around his neck.
The claim sparked a significant police investigation and public sympathy. However, investigators later suspected the incident was staged, citing CCTV footage and cell phone records linked to Smollett and his alleged attackers.
Prosecutors accused Smollett of fabricating the attack and paying two Nigerian brothers $3,500 to execute it, referencing a political slogan during the staged incident. According to the prosecution, Smollett orchestrated the event after feeling that a prior piece of hate mail he received was not taken seriously by his employers.
Initially charged with 16 felonies, Smollett saw the charges dropped in March 2019 under an agreement where he forfeited a $10,000 bond and completed community service. The decision to drop the charges faced backlash from city officials, who argued the bond amount was insufficient to cover investigation costs.
A special prosecutor later revived the case, leading to Smollett’s conviction in December 2021. He received a sentence of 150 days in jail, 30 months of probation, and was ordered to repay $120,106 to cover police investigation expenses. He was released pending appeal.
The Illinois Supreme Court concluded that reinstating charges after Smollett fulfilled his agreement violated due process, stating, “We therefore reverse the defendant’s conviction.”
