(Photo Credits: Dominick D, CC BY-SA 2.0, via Wikimedia Commons)

The Illinois Supreme Court has overturned the conviction of Jussie Smollett, ending years-long legal saga over his 2019 hate crime allegations. The ruling, which centers on the principle of double jeopardy, resolves questions about the handling of Smollett’s case by multiple prosecutors.

Smollett was convicted in 2021 of filing false police reports after claiming he was attacked in Chicago by two men who used racial and homophobic slurs. The police later concluded that Smollett had staged the incident with two accomplices, allegedly paying them to orchestrate the attack. Cook County State’s Attorney Kim Foxx initially dropped all charges in exchange for Smollett forfeiting his $10,000 bond and completing community service. This decision was heavily criticized and prompted the appointment of special prosecutor Dan Webb, who brought the charges back.

Dan Webb, a highly respected attorney and former U.S. Attorney for the Northern District of Illinois, served as the special prosecutor in Jussie Smollett’s case. He was appointed in 2019 to investigate the abrupt dismissal of initial charges by Cook County State’s Attorney Kim Foxx’s office, which drew widespread criticism and accusations of favoritism. Webb conducted an extensive inquiry, concluding that Smollett had fabricated a hate crime against himself and that Foxx’s office had mishandled the case. He brought fresh charges against Smollett, leading to the actor’s conviction in 2021 for lying to police about being the victim of a racist and homophobic attack. The incident, which he claimed involved masked assailants, was later determined to be staged with the help of two acquaintances. Smollett denied these accusations, maintaining his innocence throughout the legal process.

However, in its ruling on Thursday, the Illinois Supreme Court found that Smollett’s agreement with Foxx’s office amounted to a binding resolution, thus barring the re-prosecution that led to his conviction. Prosecutors argued that the dismissal did not preclude further charges, but the court disagreed, citing concerns about fairness and prosecutorial overreach.

Justice Elizabeth Rochford wrote in the court’s 5-0 opinion:

“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. 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 attorney, Nenye Uche, said in a statement: “This was not a prosecution based on facts, rather it was a vindictive persecution and such a proceeding has no place in our criminal justice system.” Uche emphasized that “rule of law was the big winner today,” expressing gratitude to the court for “restoring order to Illinois’ criminal law jurisprudence.” On the other hand, special prosecutor Dan Webb voiced his disagreement with the decision, clarifying that it “has nothing to do with Mr. Smollett’s innocence.”

“The Illinois Supreme Court did not find any error with the overwhelming evidence presented at trial that Mr. Smollett orchestrated a fake hate crime and reported it to the Chicago Police Department as a real hate crime, or the jury’s unanimous verdict that Mr. Smollett was guilty of five counts of felony disorderly conduct,” Webb said.

The latest ruling emphasizes procedural errors in his second prosecution. Legal experts have noted that while the court did not dispute evidence from the 2021 trial, the decision reflects significant concerns about judicial fairness. Smollett’s attorneys argued that his initial deal to drop charges—under which he forfeited a bond and completed community service—should have resolved the matter entirely.

Smollett’s legal team also criticized the heavy scrutiny and media attention surrounding the case, which they claim influenced the decisions of both prosecutors and judges. This case has sparked a broader conversation about accountability, race relations, and the criminal justice system in high-profile cases​.

Watch Smollett’s attorneys’ statement after the Illinois Supreme Court overturned Smollett’s conviction:

Timeline of Jussie Smollett Case:

  • January 29, 2019: Smollett reports being attacked by two men in Chicago who used racial and homophobic slurs, poured a chemical substance on him, and tied a rope around his neck.
  • February 13, 2019: Police arrest two brothers, Ola and Abel Osundairo, who later claim Smollett paid them to stage the attack.
  • February 21, 2019: Smollett is charged with disorderly conduct for allegedly filing a false police report.
  • March 26, 2019: Prosecutors drop all charges in exchange for Smollett’s forfeited $10,000 bond and community service.
  • August 23, 2019: A special prosecutor, Dan Webb, is appointed to review the case.
  • February 11, 2020: A new indictment charges Smollett with six counts of disorderly conduct.
  • December 9, 2021: Smollett is found guilty on five of six counts of lying to police.
  • March 10, 2022: Smollett is sentenced to 150 days in jail, probation, and fines; he serves six days before being released on bond during appeal.
  • November 21, 2024: Jussie Smollett’s conviction was overturned by the Illinois Supreme Court after more than two years of legal efforts by his defense team. They argued that the actor should not have been retried in 2020, after the Cook County State Attorney’s Office had dropped the initial charges in 2019. The dismissal had been made in exchange for Smollett performing community service, but he was later recharged with a similar case following scrutiny over the initial decision. The court’s ruling is a significant development in the long-running case.

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