In a shocking turn of events, the Illinois Supreme Court has reversed “Empire” actor Jussie Smollett’s conviction for faking a hate crime on Thursday.
“Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants,” the court wrote.
It pondered whether a case dismissal via ‘nolle prosequi’ allows for another prosecution if the dismissal results from a deal with the defendant who fulfills their end.
The court ruled that retrying Smollett in such a scenario breaches due process, thus quashing his conviction.
BREAKING: Jussie Smollett’s anti-Trump ‘hate crimes hoax’ conviction has been *OVERTURNED.*
“We hold that a second prosecution… is a due process violation, and we therefore reverse defendant’s conviction.”
The Two-Tiered Justice System strikes again.pic.twitter.com/J23dsjSTaM
— Kyle Becker (@kylenabecker) November 21, 2024
“We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction,” the court stated.
Charges against Smollett were initially tossed. But after a special prosecutor requested a fresh investigation, Smollett was found guilty on five felony charges and sentenced to 150 days in a county jail.
“Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants,” his attorney Mark Geragos parroted in a statement on Thursday.
Dave Chappelle was always right about Jussie Smollett.
— Steve 🇺🇸 (@SteveLovesAmmo) November 21, 2024
Back in December 2021, a Chicago jury held Smollett accountable for five felony counts, including lying about a supposed hate crime attack in 2019.
Smollett told police that he suffered an assault in the dawn hours on January 29, 2019, by two men brandishing “MAGA Country” slogans, hurling racial and homophobic insults, and looping a noose around his neck.
Jussie Smollett hired 2 comedians for his fake attack and got away with it… 😭😭😭
— 🗝️ (@DiaryOfKeysus) November 21, 2024
Investigators soon discovered Smollett had orchestrated the incident, and that the “attackers” were paid associates of the actor, leading to criminal charges.
Prosecutors originally agreed to drop the charges in exchange for Smollett forfeiting his $10,000 bond and performing community service.
However, the case was resurrected by a special prosecutor, who succeeded in securing a conviction for disorderly conduct due to false reports of a hate crime.
BREAKING: Chicago Police release video footage of Jussie Smollett with rope around his neck.
What man would wear the rope around his neck all the way back to his apartment?
Put him in jail for this hoax and throw away the key! pic.twitter.com/WLaqiGnKce
— Andrew Pollack (@AndrewPollackFL) June 24, 2019
During the 2021 trial, the personal trainers Smollett hired testified that he paid them $100 for supplies and instructed them on the details of staging the hoax attack, including using a noose and shouting slurs. Smollett also allegedly issued a $3,500 check for the job.
Yet, Smollett contended in court that the check was for training services, denying any hoax payment.
When questioned by his attorney if he orchestrated any scheme, Smollett responded firmly, “Never.”
Apart from the jail term, Smollett was sentenced to 30 months of probation and fined $120,106 to compensate Chicago for excess police work, plus a $25,000 penalty. His appeal bid was rejected in December 2023.
Smollett recounted to the jury that he had just returned from travel and was out getting a sandwich around 2 a.m. on January 29, 2019, when someone hurled a racist, homophobic taunt.
He described turning to confront the offender, claimed the person was significantly taller, and demonstrated in court how he was punched.
Smollett indicated he might have returned a punch but couldn’t confirm a hit. He described slipping, grappling on the ground for nearly 30 seconds, and noted seeing another person, whom he believed kicked him before fleeing.
Throughout his sentencing on March 22, Cook County Judge James Linn derided Smollett as a fraud pretending to be a victim of a hate crime.
“You’re just a charlatan pretending to be a victim of a hate crime,” he told the actor when handing down his sentence.
Smollett dramatically retorted, “I am not suicidal!” He maintained his innocence, warning that if harm came to him in jail, it wasn’t self-inflicted.
Smollett theatrically raised his fist as he was being led out of court by cour officers, howling, “I am not suicidal. And I am innocent. I could have said that I was guilty a long time ago.”
Following an appeals court ruling, Smollett served only six days of his sentence before securing release, pending the resolution of his appeal, which seemed likely to conclude only after full term completion.