Illinois Supreme Court Overturns Jussie Smollett Conviction in Hate Crime Hoax Case
sdvoice.info

... The Illinois Supreme Court has overturned actor Jussie Smollett's conviction, ruling that his second prosecution for filing a false police report violated his constitutional rights. The court determined that Smollett was unjustly prosecuted after an earlier agreement with state prosecutors had resolved the charges.

In January 2019, Smollett reported being the victim of a racist and homophobic attack in downtown Chicago. He claimed two men physically assaulted him while shouting slurs and declaring, "This is MAGA country." The report initially drew national attention and widespread condemnation of hate crimes.

Authorities later accused Smollett of orchestrating the attack, alleging he recruited two brothers, Abimbola and Olabinjo Osundairo, to stage the incident. He was charged with felony disorderly conduct for filing a false police report. In a 2019 resolution, prosecutors dropped the charges after Smollett forfeited his $10,000 bond and completed community service. However, public backlash led to appointing a special prosecutor who revived the case.

Smollett was convicted on five counts of felony disorderly conduct in 2021, based largely on testimony from the Osundairo brothers, who said Smollett planned and directed the staged assault. He was sentenced to five months in jail in 2022 but served just six days before being released pending appeal.

On Thursday, Nov. 21, the Illinois Supreme Court ruled 4-2 in Smollett's favor, citing violations of his due process rights.

"We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant's conviction," Justice Elizabeth M. Rochford wrote. ...