Jussie Smollett’s false assault conviction overturned by state supreme court

The Illinois Supreme Court overturned the conviction of former “Empire” actor Jussie Smollett. Lying about 2019 hate crime.

Smollett was convicted in 2021 of making a fake racist and homophobic attack and lying to the police. His lawyers said this violated his Fifth Amendment rights because in 2019, Cook County State’s Attorney Kim Foxx had already agreed to drop the charges if Smollett paid $10,000 and performed community service. A special prosecutor later indicted him again, leading to his trial and conviction.

In its decision submitted on Thursday, the court stated that it had resolved “the question regarding the State’s responsibility to comply with the agreements it made with the defendants.”

The court did not rule that the state could pursue a second prosecution against Smollett after the initial charges were dismissed as part of an agreement and the actor fulfilled the terms of the agreement, noting that Illinois jurisprudence had found that to be “fundamentally unfair.” to allow the prosecution to renege on the agreement made with the defendant if the defendant relied on the agreement to his detriment.”

“We are aware that this case has generated significant public interest and that many people are dissatisfied with the resolution of the original case and believe it to be unfair. However, what could be more unfair than the resolution of any criminal case? This court has ruled that the State’s obligation to comply with agreements upon which people have harmfully relied He ruled that there was no such thing.”

Among the cases mentioned in the court’s decision is the case of Bill Cosby, who was convicted on sexual assault charges. overthrown by Pennsylvania’s highest court in 2021.

Cosby was sentenced to three to 10 years in state prison in 2018 for allegedly drugging and sexually assaulting former Temple University employee Andrea Constand in 2004. After hearing Cosby’s appeal, the Pennsylvania Supreme Court concluded that Cosby’s prosecution should never have occurred because of an agreement. The comedian crossed paths with former Montgomery County prosecutor Bruce Castor, who agreed not to criminally prosecute Cosby if he testified in a civil lawsuit filed against him by Constand.

Citing the Cosby case, the Illinois State Supreme Court said it would be arbitrary, unreasonable, fundamentally unfair and a violation of the defendant’s due process rights for the state to “renege on a fully implemented agreement” after Smollett forfeited a $10,000 bond.

The Illinois Supreme Court’s decision reverses earlier decisions by the Cook County and appellate courts. The court has now sent the case back to the lower court to formally dismiss the charges.

A jury convicted him in December 2021 on five of six felonies stemming from filing a false police report and lying to police, who spent more than $130,000 investigating his claims.

He was sentenced to 150 days in county jail, ordered to pay $120,000 in restitution to the city of Chicago, fined $25,000 and sentenced to 30 months of felony probation.

This is an evolving story. Please check back for updates.