Court overturns Jussie Smollett’s conviction in 2019 alleged attack that prosecutors said was staged

The Illinois Supreme Court made a significant decision on Thursday regarding actor Jussie Smollett’s conviction for allegedly staging a racist and homophobic attack against himself in downtown Chicago in 2019. The court overturned his conviction, citing that a special prosecutor should not have intervened after charges were initially dropped by the Cook County state’s attorney.

The ruling did not address Smollett’s claim of innocence, but it focused on the legal aspects of the case. Smollett, who is Black and gay, claimed that he was attacked by two men who spouted racial and homophobic slurs and put a noose around his neck. This led to a widespread search for suspects by Chicago police and garnered international attention. Prosecutors alleged that Smollett orchestrated the attack because he was dissatisfied with how the studio handling hate mail he had received.

In a 5-0 decision, Justice Elizabeth Rochford emphasized the importance of honoring agreements made in legal proceedings, even if they are unpopular. Smollett’s attorneys argued that the case should have been closed when the initial charges were dropped by the state attorney’s office. However, a grand jury later reinstated charges after a special prosecutor took over the case, leading to Smollett’s conviction on five counts of disorderly conduct in 2021.

Despite the court’s decision to overturn the conviction, the case has been a source of controversy and public interest. Both Smollett’s attorney and Cook County State Attorney Kim Foxx’s office, who have maintained that Smollett was a victim of a biased justice system, declined to comment on the ruling. Testimony during the trial revealed that Smollett had paid two acquaintances from the television show “Empire” $3,500 to carry out the attack. Prosecutors argued that he directed them on what to say during the incident.

Smollett, on the other hand, testified that the attack was not a hoax and that he was indeed a victim of a hate crime. He was sentenced to 150 days in jail, with six days already served before being released on appeal. Additionally, he was placed on probation for 30 months and ordered to pay restitution of approximately $130,000.

While a state appellate court upheld Smollett’s conviction, the Illinois Supreme Court’s decision to overturn it marks a significant development in the case. Chief Justice Mary Jane Theis and Justice Joy Cunningham did not participate in the ruling, further emphasizing the complexity and sensitivity of the matter. The case continues to raise questions about the legal system and the perception of justice in high-profile cases.