Jussie Smollett case: Illinois Supreme Court overturns former ‘Empire’ actor’s conviction

CHICAGO (Wales) — The Illinois Supreme Court rejected Jussie Smollett’s conviction for lying about a hate crime in a decision released Thursday.

The video in this story is from a previous report

The ruling overturned the Cook County conviction and subsequent appeals court filing against the former “Empire” actor.

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In its decision, the court said, “We are aware that this case has generated significant public interest and that many people are dissatisfied with the decision of the original case and believe that the case is unfair. However, what could be more unfair than the court’s decision?” “Any criminal trial would be a decision of this court that the State is not bound to comply with the agreements on which the people have harmfully relied.”

The Illinois Supreme Court cited the Bill Cosby case in Pennsylvania in its decision.

“As the Pennsylvania Supreme Court recently stated in fulfilling the prosecutor’s promise not to prosecute, ‘Society cannot be said to have a strong interest in the prosecution of crimes. It is also true that such an interest, however important, can never be eclipsed.’
It is in the interest of society that the constitutional rights of the people are guaranteed. ‘Society’s interest in prosecution does not replace the constitutional remedy available to victims.’ Cosby, 252 A.2d, 1147.”

The court said that it sent the file back to the local court for a decision to dismiss the case.

Bodycam video shows Jussie Smollett taken into custody at Cook County Jail

In December, an Illinois appeals court upheld Smollett’s disorderly conduct conviction, and Smollett soon appealed to the state’s highest court.

The appeals court voted 2-1 to uphold the conviction.

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The former “Empire” TV star was convicted in 2021 of faking a racist and homophobic attack in 2019 and then lying to police about it. His lawyers appealed this conviction, arguing that he should not be sentenced twice for the same crime.

In 2019, he and Cook County State’s Attorney Kim Foxx reached an agreement to drop the charges against him in exchange for $10,000 bail and community service. A special prosecutor was later appointed in 2020.

Smollett’s lawyers argued that his conviction violated his fifth amendment rights against double jeopardy, a legal protection against a person being sentenced twice for the same crime.

The special prosecutor countered that proposition, arguing that Smollett had gone through due process and was never tried in the 2019 case, adding that the agreement for his release included an understanding that he could be re-charged for the original crime.

Smollett’s lawyers added that the special prosecutor, who they say should never have been appointed, failed to turn over to the defense team crucial evidence of an hour-long discussion with the Osundairo brothers, Abimbola and Olabinjo.