The Illinois Supreme Court has overturned Jussie Smollett’s conviction for falsely reporting a hate crime in 2019, citing prosecutorial errors. The court ruled that Smollett should not have been charged after entering a nonprosecution agreement with the Cook County State’s Attorney’s Office. The case generated significant public interest, but the court emphasized the importance of honoring agreements on which people have relied.
Special prosecutor Dan Webb disagreed with the ruling, noting that Illinois case law did not explicitly prevent a new prosecution after a dismissal without prejudice. Smollett was previously sentenced to 150 days in jail and probation for five felony counts of disorderly conduct after being found guilty.
Smollett had reported being attacked in Chicago based on his race and sexual orientation, leading to the arrest of two brothers who later claimed he had staged the incident. The charges against Smollett were initially dropped after he agreed to community service. This decision was criticized by Chicago Police Department leadership and the mayor at the time.
Despite denying the claims that he staged the attack, Smollett was charged again by a special prosecutor and ultimately went to trial, where he testified that no hoax had occurred. The Osundairo brothers testified that Smollett had hired them to stage the attack for public attention, pointing to a $3,500 check he had given them. Smollett’s defense claimed the brothers were exploiting him for financial gain, stating that the check was for personal training services.
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