Jussie Smollett conviction overturned by Illinois Supreme Court
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Actor Jussie Smollett is led out of the courtroom after being sentenced at the Leighton Criminal Court Building on March 10, 2022. Photo: Brian Cassella-Pool/Getty Images
The Illinois Supreme Court ruled Thursday that actor Jussie Smollett's rights were violated when a special prosecutor revived charges the Cook County State's Attorney previously dismissed.
The big picture: The decision is yet another strand in a yearslong web involving celebrity, politics, race, media and Cook County's legal system.
Why it matters: The Supreme Court's decision declares that Smollett's 2021 conviction was a violation of his due process because his case had already been dismissed as part of an agreement with the state.
Flashback: Smollett, then an actor on the show "Empire," reported in January 2019 that two men attacked him in Streeterville, hitting him, yelling homophobic slurs and placing a noose around his neck.
- Later, Smollett was charged with felony disorderly conduct for allegedly lying to police and orchestrating a hoax by hiring the men who attacked him.
Context: Cook County State's Attorney Kim Foxx's office chose not to prosecute Smollett, citing Smollett's "volunteer service in the community and agreement to forfeit his bond to the City of Chicago."
- A retired appellate judge disagreed with that decision and filed a motion for a special prosecutor to take on the case, alleging, among other things, that Foxx had not properly recused herself.
- The court appointed Dan Webb, one of Chicago's most powerful attorneys, as special prosecutor.
- A jury convicted Smollett in 2021 on five counts of disorderly conduct and sentenced him to 150 days in jail, 30 months of probation, community service and fines that were more than $140,000.
What they're saying: "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 Rochford wrote in the opinion.
- "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."
Zoom out: Webb filed a report in 2021 criticizing Foxx's handling of the case, going so far as to accuse the outgoing prosecutor of violating legal ethics.
- At the time, Foxx disputed Webb's conclusions.
- After she announced last year her decision not to run for reelection, the Tribune reported that Foxx said, "My obituary will mention Jussie Smollett, and that makes me mad."
Between the lines: The opinion is a rebuke to those who criticized Foxx for not prosecuting Smollett five years ago. The case dragged on, cost taxpayers even more money and the outcome was essentially the same — the actor will not serve significant jail time.