Jussie Smollett’s conviction overturned in alleged hate-crime hoax
CHICAGO – Nearly six years after actor Jussie Smollett was accused of staging a hate-crime hoax in downtown Chicago and lying to police, the Illinois Supreme Court on Thursday overturned his conviction over prosecutorial issues. The court ruled that after Cook County State’s Attorney Kim Foxx dropped charges against the former “Empire” actor, a special prosecutor should not have been allowed to intervene.
“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,” Justice Elizabeth M. Rochford wrote in the court’s 5-0 decision, with two justices abstaining. “Because the initial charges were dismissed as part of an agreement with defendant and defendant performed his part of the agreement, the second prosecution was barred,” said Rochford.
Smollett’s case that unfolded in early 2019 saw a shift from widespread sympathy that soon turned into skepticism – and his character being written off the Fox television show – as emerging details led to questions regarding the actor’s claims about what unfolded during the alleged attack. This week’s ruling did not address Smollett’s claims of innocence, which he has maintained since 2019, according to his legal team.
Nenye Uche, Smollett’s lead attorney, said the original case should never have gone to trial, and that it would not have done so if his client was just a “regular Joe down the street.” “This was a vindictive persecution. This was no prosecution,” Uche said. “I’m sure Jussie would want an apology, but he’s a realistic man, right? He knows he’s not going to get it,” he added.
Special Prosecutor Dan K. Webb expressed disappointment in the court’s decision to overturn the conviction and sentence, which included paying Chicago more than $120,000 in restitution for overtime expenses incurred while investigating the alleged hoax. Webb said in a statement that Thursday’s ruling did “not clear Jussie Smollett’s name – he is not innocent.” The City of Chicago is still able to pursue its pending civil lawsuit against Smollett in an attempt to recoup the more than $120,000, according to Webb. Olabinjo and Abimbola Osundairo – brothers who say they were paid by Smollett to help carry out the staged attack – told CNN they agree with the court’s decision. (CNN)