CHICAGO, USA — The Illinois Supreme Court has overturned Jussie Smollett‘s 2021 conviction for disorderly conduct, bringing an end to a protracted legal saga stemming from the actor’s staged hate crime in 2019.
The court ruled on Thursday, November 21, 2024 that retrying Smollett after a prior agreement with prosecutors violated his due process rights.
“Today we resolve a question about the State’s responsibility to honour the agreements it makes with defendants,” the court stated.
“We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction.”
The Case That Captivated the Nation
Smollett, best known for his role as Jamal Lyon on the TV series Empire, gained national attention on January 29, 2019, when he reported being attacked in Chicago by two men who used racist and homophobic slurs, placed a rope around his neck, and allegedly shouted “MAGA.”
Initially investigated as a hate crime, the case took a dramatic turn when police found evidence that Smollett had orchestrated the attack with the help of the two men, who were paid to stage the incident.
A grand jury indicted Smollett on 16 felony charges for filing false police reports and lying to investigators.
However, in a controversial move, Cook County prosecutors dropped all charges in exchange for Smollett performing community service and forfeiting a $10,000 bond.
This decision sparked widespread outrage, with then-President Donald Trump and Chicago Mayor Rahm Emanuel criticising the leniency of the deal.
Smollett’s career suffered as well; he was written out of Empire and did not appear in the show’s final season.
The Second Prosecution
In 2020, a special prosecutor revisited the case, resulting in a new trial.
Smollett was convicted in 2021 of disorderly conduct and sentenced to 30 months of felony probation, including 150 days in jail.
He appealed the verdict and avoided serving time while the case made its way through the courts.
The Illinois Supreme Court’s decision to reverse the conviction was based on the agreement made during the initial case.
The court noted that the State had no legal basis to prosecute Smollett again after he fulfilled the terms of the first agreement.
“We are aware that this case has generated significant public interest,” the court wrote.
“Nevertheless, what would be more unjust… would be a holding from this court that the State was not bound to honour agreements upon which people have detrimentally relied.”
Comparison to the Bill Cosby Case
The ruling cited the 2021 decision by the Pennsylvania Supreme Court that overturned Bill Cosby’s sexual assault conviction on similar grounds.
In that case, Cosby had provided testimony in a civil case only after being promised immunity from criminal prosecution—a promise later violated, according to the court.
The Illinois court’s logic echoes this precedent, reinforcing the principle that prosecutors must adhere to agreements made with defendants.
What’s Next for Smollett?
Smollett, now 42, expressed gratitude through his legal team, saying he is relieved to move forward after nearly five years of legal battles.
His future in Hollywood remains uncertain, as the case and the public backlash have significantly impacted his career.
While the ruling has closed the legal chapter, it has left lingering questions about prosecutorial discretion, public perception, and the broader implications for the justice system.
As the Illinois Supreme Court concluded in its ruling, “The integrity of the justice system depends on the State keeping its word—even in cases that draw public scrutiny and controversy.”
This decision underscores a key principle of fairness in the legal process, even as the public grapples with the outcome of a case that captured headlines and divided opinions nationwide.
The full ruling of the Illinois Supreme Court is HERE.
