Tuesday, December 16, 2025

Illinois Supreme Court overturns actor Jussie Smollett’s conviction

The court stated that reopening the case against Smollett after he had resolved the charges through a prior agreement was a violation of due process.

• November 21, 2024
Jussie Smollett

The Illinois Supreme Court on Thursday overturned the conviction of actor Jussie Smollett, who had been found guilty of lying to police about being the victim of a racist attack in 2019.

The court ruled that his second prosecution violated his rights, ending a legal saga that spanned more than five years.

In its decision, the court stated that reopening the case against Smollett after he had resolved the charges through a prior agreement was a violation of due process.

Justice Elizabeth M. Rochford, writing for the majority, said, “We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse the defendant’s conviction.”

The ruling marks a dramatic reversal in a case that has been fraught with public outrage, accusations of preferential treatment, and partisan debates about justice and accountability.

In January 2019, Smollett, then a star in the television series Empire, reported to the Chicago police that he was the victim of a hate crime.

He claimed that two men assaulted him, shouted racist and homophobic slurs, and referenced President Donald Trump’s campaign slogan, “Make America Great Again.”

Smollett, who is Black and openly gay, said the attackers poured a chemical substance on him and placed a noose around his neck.

The report quickly gained national attention, with widespread condemnation of the apparent hate crime.

However, weeks later, investigators began to suspect Smollett had staged the incident.

Evidence emerged pointing to two brothers, Abimbola and Olabinjo Osundairo, who worked with Smollett on “Empire.”

The brothers claimed that Smollett had orchestrated the attack, offering them $3,500 to carry it out.

Police charged Smollett with filing a false police report, accusing him of fabricating the story to gain publicity.

In March 2019, Cook County prosecutors dropped the charges against Smollett in exchange for him forfeiting a $10,000 bond and completing community service.

This decision drew criticism, with many accusing officials of giving Smollett special treatment. The public outcry led to the appointment of a special prosecutor, who re-examined the case and filed new charges in February 2020.

During Smollett’s trial in 2021, the Osundairo brothers testified that Smollett had directed them to stage the attack and provided detailed instructions.

A jury found Smollett guilty of five counts of disorderly conduct, and he was sentenced in 2022 to five months in jail. However, he served only six days before being released on appeal.

Thursday’s ruling overturns Smollett’s conviction, with the court siding with his legal team, who argued that retrying the case after the initial resolution was a violation of his rights.

The decision reverses a prior appellate court ruling and concludes that Smollett’s second prosecution should never have occurred.

“This ruling reaffirms the importance of due process and the integrity of negotiated agreements,” Smollett’s lawyers said in a statement.

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