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.

In a stunning 5-0 decision, the Illinois Supreme Court dismissed the case, ruling that an agreement reached between Smollett and Cook County State’s Attorney Kim Foxx to drop criminal charges in exchange for a fine and community service should stand.

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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 overshadowed by the constitutional rights of society, the people.” ‘Society’s interest in the prosecution does not supersede the constitutional remedy available to the aggrieved persons.’ 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.

ABC7 Legal Analyst Gil Soffer explained what the decision means for Smollett’s future.

“Well, the order is that the charges should never be brought, the conviction should be overturned, and the charges should be dismissed,” Gil Soffer said. “It’s really free and clear in terms of the criminal process. Whether there are still civil lawsuits that can be brought against them, whether there’s any lasting impact on their reputation is another question, but their record is clear.”

Special Prosecutor Dan Webb’s office released a statement saying it disagreed with the decision. The statement read in part: “We respectfully disagree with the court’s factual and legal reasoning, which overturns long-standing Illinois precedent. In fact, the Special Counsel’s brief to the Illinois Supreme Court was replete with Illinois precedent, which would not preclude a second, new trial. Before the lawsuit was filed, prosecution following his dismissal without prejudice, even the Illinois Supreme Court agreed that today’s decision was not clear in previous Illinois decisions.”

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 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.

Two of the seven justices on the state high court did not take part in the allegations or the decision.

Foxx said he knew the case would end at that point once a special prosecutor was appointed.

“It never ceases to amaze me how much time, energy and effort we put into a single case, so I wholeheartedly believe this goes beyond just the case and Mr. Smollett. This was truly an attempt to undermine me and the study.” “That’s what this office was doing,” Foxx said.

Foxx defended his decision even though Smollett was found guilty of disorderly conduct in the case and ordered to pay $120,000 in damages to the city of Chicago.

“People may disagree with this, but having a special prosecutor who is going to overwhelm our criminal justice system and reindict us in a way that ultimately creates double jeopardy is not the criminal justice system we should have,” Foxx said.

Soffer said this does not affect the facts or details of Smollett’s case.

“The court found it fundamentally unfair that the state refiled Jussie Smollet after promising to drop the charges. That was the decision. It had nothing to do with the merits of the case,” Soffer said. he said.

Smollett’s legal team and his uncle spoke Thursday afternoon.

“This was not a prosecution, but a revengeful persecution,” said Attorney General Nenye Uche. “The Supreme Court has made clear: Investigations must be based on facts, not public opinion.”

Uche urged the media to focus on the court’s 32-page verdict.

“Let the truth be known: The Supreme Court found the case unfair. That’s the story,” he said, adding: “If this had been an ordinary citizen, this case would never have gone to trial.”

Attorney Shay Allen echoed this sentiment, saying, “This case should never have gone this far. The Supreme Court was unanimous in its decision, adhering to the rule of law.”

Smollett’s legal team has stated that he has fulfilled the terms of his original agreement with prosecutors, including community service.

“He has fulfilled all his obligations. The court’s decision means he owes no further fines or services,” attorney Heather Waddell said.

While the City of Chicago’s civil lawsuit against Smollett for reimbursement of investigative costs remains unresolved, Uche emphasized: “Our focus today is on the criminal appeal.”

“This case has resulted in enough wasted taxpayer money,” Allen said. “It’s time to move forward.”

Full statement from Special Prosecutor Dan Webb:

“We are disappointed in the Illinois Supreme Court’s decision today to overturn Jussie Smollett’s conviction and sentence, including awarding more than $120,000 in damages to the City of Chicago for overtime costs investigating Mr. Smollett’s false hate crime. We respectfully disagree with the decision. factual and legal reasoning that overturned longstanding Illinois precedent Indeed, the Special Counsel’s brief to the Illinois Supreme Court was quite full of Illinois jurisprudence. law will not preclude a second, new prosecution after a dismissal without prejudice via nolle prosequi. Even the Illinois Supreme Court agreed that today’s decision was not clear in previous Illinois decisions.”

“Make no mistake, today’s verdict has nothing to do with Mr. Smollett’s innocence. The Illinois Supreme Court found no error in the overwhelming evidence presented at trial that Mr. Smollett faked a hate crime and reported it to the Chicago Police Department as an actual hate crime.” or the jury’s unanimous verdict that Mr. Smollett was guilty of five felonies, which Mr. Smollett did not even object to in his appeal to the Illinois Supreme Court.”

“My office has spent nearly two years working closely with the Chicago Police Department to develop evidence and prepare this case for trial. It is also important to note that today’s decision is not the result of any error or conduct by the Special Office, whether the prosecutor, the court, or the Chicago Police Department.” “The events that led the Illinois Supreme Court to overturn Mr. Smollett’s conviction occurred 5 months before my appointment as Special Prosecutor,” the department said.

“Rather, today’s decision is possible only because of the unprecedented resolution of Mr. Smollett’s initial lawsuit, filed by the Cook County State’s Attorney’s Office (CCSAO) in March 2019, in which the Illinois Supreme Court ruled barring Mr. Smollett from further prosecution. The Illinois Supreme Court made this decision even though the CCSAO had dismissed the original Smollett case by default, which does not preclude re-prosecution under Illinois law and Mr. Smollett’s own attorneys. Immediately after his first case was dismissed in March 2019, he publicly said there was “no agreement” with the CCSAO.

“As previously noted in the 63-page, very detailed Special Prosecutor’s Public Summary Report, my office developed evidence of significant abuse of discretion and operational failures in the CCSAO’s prosecution and resolution of the initial Smollett case in 2019, and also found that the State Attorney : Kimberly Foxx and other CCSAO prosecutors have made numerous false and/or misleading statements to the public by the State Attorney Foxx’s office has notified the public of Illinois’ criminal justice system. In fact, there was a public clamor for the establishment of a reputable trial attorney and law firm to restore public confidence in the Cook County judicial system. I agree to become a special prosecutor. & Strawn LLP accepted this appointment pro bono, without compensation to the firm in order to give it back to the city of Chicago.”

“Our Winston & Strawn attorneys accomplished this task by devoting more than 5 years and 15,000 hours to reviewing the original Smollett investigation and bringing new charges; This led to a unanimous jury conviction in 2021 of Mr. Smollett on five felony counts of wrongful misconduct. “Nothing about today’s verdict overturns the work done by the Special Prosecutor’s Office or the strong evidence underlying the jury’s verdict that Mr. Smollett faked a hate crime and reported it to the Chicago Police Department as an actual hate crime.”

“Notwithstanding today’s decision, the City of Chicago will be able to pursue its ongoing civil lawsuit against Mr. Smollett to recover overtime costs in excess of $120,000 incurred by the Chicago Police Department in investigating Mr. Smollett’s false hate crime.”

“I want to give a special thank you to Assistant Special Prosecutors Sean G. Wieber, Samuel Mendenhall, and the entire team at Winston. & We thank those who have helped Strawn with this for their dedication and efforts over the years. Today’s decision does not change how deeply proud I am of the work accomplished by my Special Prosecutor’s Office; nor does it weaken the jury’s verdict and, most importantly, clarify the name of Jussie Smollett; He’s not innocent.”

ABC News contributed to this report.