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The Illinois Supreme Court has overturned the conviction of actor Jussie Smollett, who was found guilty of staging a hoax hate crime against himself and filing a false police report. The court ruled that the special prosecutor’s decision to retry Smollett after the Cook County State’s Attorney’s Office had dropped the charges violated his constitutional rights. The court emphasized the importance of upholding agreements made in the legal process, even in high-profile cases, stating, “What would be more unjust… would be a holding from this court that the State was not bound to honor agreements upon which people have detrimentally relied.”
Smollett, in January 2019, claimed he was assaulted in Chicago by two men who shouted racial and homophobic slurs and placed a rope around his neck. Investigators later determined Smollett paid brothers Ola and Abel Osundairo $3,500 to stage the attack. Although Cook County prosecutors initially dropped disorderly conduct charges after Smollett forfeited his $10,000 bond and completed community service, backlash led to the appointment of Special Prosecutor Dan Webb, who refiled charges. Smollett’s legal team argued successfully that the new charges violated the Fifth Amendment’s double jeopardy clause.
Previously convicted on refiled charges, Smollett was sentenced in March 2022 to 150 days in jail, 30 months of probation, and ordered to pay over $120,000 in restitution and a $25,000 fine. He was released on a $150,000 personal recognizance bond pending appeal. During sentencing, Judge James Linn called Smollett’s actions a “premeditated” hoax and described the evidence as “overwhelming.” Despite the earlier conviction, Smollett maintained his innocence throughout the proceedings.
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