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Jussie Smollett’s Conviction for Lying to Police, Staging Hate Crime Is Overturned

The actor was unjustly prosecuted after a special prosecutor reopened the case against him, the Illinois Supreme Court said

By Joseph De Avila

Updated Nov. 21, 2024 4:39 pm ET


The Illinois Supreme Court overturned the conviction of Jussie Smollett, who was found guilty in 2021 for lying to police and staging a hate crime, finding the actor was unjustly prosecuted when charges were previously dropped against him.


The state’s top court said in its ruling issued Thursday that the state was bound by the agreement it made with Smollett when prosecutors originally dropped the case in 2019. A special prosecutor reopened the case later that year.


“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,” the Illinois Supreme Court said in its ruling. “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.”


Nenye Uche, a lawyer for Smollett, said his client is pleased with the ruling.


“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 said.


Smollett continues to maintain his innocence, Uche said.


Dan Webb, the special prosecutor in the case, said he was disappointed in the state Supreme Court’s ruling, saying it “upends long-standing Illinois precedent.” Webb had argued to the state Supreme Court that the agreement by local prosecutors to drop the case against Smollett didn’t preclude him from pursuing charges.


“Make no mistake—today’s ruling has nothing to do with Mr. Smollett’s innocence,” Webb said. “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.”


Smollett was the star of the hit show “Empire” when he told Chicago police that two men used racist, antigay language and a pro-Trump slogan before hitting and kicking him and placing a noose around his neck in 2019.


He was originally charged in 2019 with 16 counts of disorderly conduct for allegedly lying to police, but the case was dropped after he agreed to surrender his bail money and do community service.


But a special prosecutor was later named amid outcry from notable figures including then-Chicago Mayor Rahm Emanuel and then-President Donald Trump. A grand jury would charge Smollett with six counts of disorderly conduct, leading to his conviction.


Abimbola Osundairo and Olabinjo Osundairo were originally arrested as suspects in the case but later became the special prosecutor’s star witnesses. The brothers testified at the trial that they believed a $3,500 payment from Smollett covered diet and fitness training, and the staging of a fake hate crime.


The brothers said the motive for the fake hate crime was that the producers of “Empire” weren’t taking hate mail Smollett received prior to the attack seriously enough.

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