Jussie Smollett's Conviction Overturned by Illinois Supreme Court
Jussie Smollett’s Legal Turnaround : Illinois Supreme Court Overrules Conviction
Source: Theo Wargo / Getty
The Illinois Supreme Court has overturned Jussie Smollett’s 2021 conviction for orchestrating a hate crime, citing a violation of his due process rights. The decision stems from an agreement made with Smollett when initial charges were dismissed in 2019, which the court ruled the state failed to honor by prosecuting him a second time.
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“Today we resolve a question about the state’s responsibility to honor the agreements it makes with defendants,” the court wrote. “We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction.”
In January 2019, Smollett, a Black and gay actor, reported to Chicago police that he was the victim of a racist and homophobic attack by two men wearing ski masks. After an investigation, prosecutors alleged the Empire star staged the incident and charged him with filing a false police report. The initial charges were dropped under an agreement, but after public backlash, special prosecutor Kim Foxx initiated a second case. Smollett was convicted on five felony counts and sentenced to 150 days in jail.
Smollett’s legal team argued the retrial was unjust, and the Supreme Court agreed. His lawyer, Mark Geragos, emphasized that the ruling highlights the importance of upholding agreements in the justice system. Another attorney, Nenye Uche, called the second trial “a vindictive persecution.”
This decision raises questions about prosecutorial discretion and due process, underscoring the significance of honoring legal agreements to ensure fairness in the justice system.
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