Jussie Smollett’s conviction overturned: Similarities to Bill Cosby’s case

CNN
—

The criminal cases of actors Jussie Smollett and Bill Cosby, both black, high-profile entertainers found guilty before their convictions were overturned, differ greatly in detail but share some similarities.

The Illinois Supreme Court on Thursday cited a key similarity between the cases: the violation of both men’s due process rights. in his opinionSmollett’s hate crime fraud conviction should be overruled due to prosecutorial issues.

Pennsylvania’s highest court vacated Cosby’s 2018 conviction on sexual assault charges for similar reasons.

“The initial agreements made by the original prosecutors were then ignored by their successors under public pressure, creating a breach of trust that absolutely tainted their own prosecution,” New Jersey-based criminal defense attorney Brett M. Rosen told CNN.

“Ultimately, this led to their convictions being overturned as courts recognized the inherent unfairness of trying individuals based on changing promises, outside influences, and public opinion,” Rosen said.

Neither Smollett nor Cosby will be retried on the charges.

Here’s what the cases have in common.

Nearly three years ago, Smollett was convicted of five of six felony counts of disorderly conduct. He was accused of organizing an event hate crime hoax He said he paid two brothers, Olabinjo and Abimbola Osundairo, $3,500 to carry out a staged attack against him in Chicago in January 2019. Smollett had pleaded not guilty.

The hearing marked the second time Smollett was charged with alleged fraud after previous charges were dropped. But Illinois’ highest court ruled that the actor fired from the Fox television series “Empire” should not be tried twice.

“Because the initial charges were dismissed as part of the agreement with the defendant and the defendant fulfilled his end of the agreement, the second prosecution is stayed,” Judge Elizabeth M. Rochford wrote in the court’s 5-0 decision, in which two justices abstained.

Cosby in April 2018 found guilty The suspect, who was charged with three counts of aggravated indecent assault, was sentenced to three to 10 years in prison in Pennsylvania for allegedly drugging and sexually assaulting former Temple University women’s basketball operations director Andrea Constand at her home in 2004.

The comedian and actor once known as “America’s Dad” was freed in June 2021 after the Pennsylvania State Supreme Court ruled that the criminal charges and convictions against him violated his due process rights.

A previous prosecutor had declined to file a lawsuit urging Cosby to agree to a legal deposition used against him in the criminal case. CNN previously reported.

“If you try to view both cases as celebrity privilege or say ‘they’re running because they’re famous,’ I don’t think that’s the key here,” entertainment lawyer Domenic Romano told CNN.

“The similarity lies in the state breaking its word or the state breaking its word, and I think we could see the same outcome in an ordinary citizen with legal representation,” Romano said.

He added that the overturned convictions did not mean the courts “exonerated, justified or approved the conduct of either man.”

Both Smollett’s and Cosby’s cases involved promises made by prosecutors.

A grand jury in Cook County, Illinois, indicted Smollett in March 2019 on 16 felony counts for allegedly lying to Chicago police. He did not admit his guilt.

More than two weeks later, the Cook County State’s Attorney’s Office announced that all charges against Smollett would be dropped, taking into account his “volunteer service in the community and his agreement to forfeit his affiliation with the City of Chicago,” according to the opinion.

A court granted the state’s request not to press charges and to release Smollett on his $10,000 bond to the city. According to the court’s decision, he was expected to perform 15 hours of community service.

“It was unreasonable for him to do these things and then expect the state to break its promise,” Romano said.

The agreement sparked reactions and then-Mayor Rahm Emanuel described it as “whitewash of justiceAccording to the Associated Press.

A Cook County district judge in June 2019 approved the appointment of a special prosecutor to conduct an independent investigation into Smollett’s case.

Smollett was later indicted on six counts of disorderly conduct. He was convicted on five charges in December 2021.

“A special prosecutor was appointed and asked to reverse what the state had agreed to, and (the Illinois Supreme Court) said: ‘No, we’re not going to allow that because it’s not fair, it’s not fair, and the state needs to do this. He will stick to his word, Washington DC-based attorney Joseph Cammarata told CNN.

Former Montgomery County District Attorney Bruce Castor, who first worked on Cosby’s civil case in 2005, ruled that there was not enough credible and admissible evidence to win a criminal case, the Pennsylvania State Supreme Court ruled. 2021 decision.

provide stand with some kind of justiceCastor filed a lawsuit for financial compensation.

Prosecutor Castor concluded that “by eliminating the threat of criminal prosecution, Cosby can no longer invoke his Fifth Amendment privilege against self-incrimination in a civil lawsuit for fear that his statements could later be used against him by the Commonwealth.” stated in the court decision.

“(Castor) had promised not to incriminate himself in the Andrea Constand case if he testified in the civil case, so Cosby relied on that promise to his detriment,” Romano said.

“He testified without exercising his Fifth Amendment rights… and then suffered the consequences,” he added.

Although Constand settled the civil lawsuit with Cosby and case records, including Cosby’s statements, were sealed, the records were unsealed in 2015 by a federal judge presiding over the civil case.

By then, a new district attorney had taken over in Montgomery County, and the Pennsylvania supreme court “despite her predecessor’s decision not to prosecute Cosby, upon the release of civil records, District Attorney (Risa) Ferman reopened the criminal investigation into Constand’s allegations.” the court judges said.

Melissa Mahtani, Melissa Macaya, Mike Hayes, Veronica Rocha, Fernando Alfonso III, Chris Boyette, Bill Kirkos, Omar Jimenez, Steve Almasy, Ashley Killough, Andy Rose, Ray Sanchez, Sonia Moghe, Kristina Sgueglia, Paradise Afshar and Christina Maxouris contributed to this report.