Jussie Smollett conviction in hate crime attack hoax overturned by Illinois Supreme Court

The conviction against actor Jussie Smollett for falsely reporting a hate crime to Chicago police in 2019 has been overturned by the Illinois Supreme Court over prosecutorial issues.

Smollett’s case was reviewed by the state high court, which ruled Thursday that the former “Empire” actor should not have been charged after he entered a nonprosecution agreement with the Cook County State’s Attorney’s Office.

The judges noted that the case generated “significant public interest” and many felt the case’s original resolution was 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,” the ruling said.

Dan Webb, the special prosecutor who brought the second case against Smollett, said he respectfully disagrees “with the Court’s factual and legal reasoning.” He noted that precedents in Illinois case law did not explicitly preclude a new prosecution after a dismissal without prejudice.

“Make no mistake—today’s ruling has nothing to do with Mr. Smollett’s innocence,” Webb said, noting that his team spent two years developing the case.

Smollett was sentenced in 2022 to 150 days in jail and 30 months’ probation after being found guilty on five counts of felony disorderly conduct.

The actor told police in January 2019 that he was the victim of a hate crime, having been brutally attacked in Chicago’s Streeterville neighborhood because he is Black and gay. Two men — brothers Olabingo and Abimbola Osundairo — were arrested in the investigation.

But the Chicago Police Department later said that Smollett recruited the brothers to help him stage the attack.

Smollett was arrested in February 2019 and indicted that March on 16 felony counts over allegedly filing a false police report. The charges were later dropped, however, by the Cook County State’s Attorney’s Office.

The prosecutor’s office said at the time that Smollett was willing to turn his bond over to the city and engage in community service. Because of that, the office said it believed “this outcome is a just disposition and appropriate resolution to this case.”

Chicago Police Department leadership and then-Chicago Mayor Rahm Emanuel criticized State’s Attorney Kimberly Foxx over the decision.

Emanuel described it as a “whitewash of justice” and a moment of special treatment for Smollett’s celebrity.

A special prosecutor revived the case following the original deal and charged Smollett again in the case, ultimately leading to trial despite objections from the actor’s attorneys.

Smollett has repeatedly denied the claims that he staged the attack, testifying during his trial that there was no hoax and that he was truly attacked that night.

He testified that he developed a friendship with Abimbola Osundairo during the man’s time on the set of “Empire” as a background actor. Smollett also said that the friendship included doing drugs, going to strip clubs and engaging in sexual activity.

Both brothers said that Smollett hired them to stage an attack as a ploy for public attention during the trial, noting a $3,500 check Smollett paid them.

Smollett’s defense said that the brothers had been taking advantage of Smollett for financial gain and that the check was written to them for personal training services.