The Illinois Supreme Court reversed the conviction of former “Empire” star Jussie Smollett, who was connected to a 2019 hate crime hoax, in a landmark ruling. The decision, written by Justice Elizabeth Rochford, deviates from the special prosecutor’s position that the dismissal of the case supported by the Cook County State’s Attorney’s Office should not prevent additional prosecution by arguing that double jeopardy and due process were violated because of a previously agreed non-prosecution agreement. As reported by NBC Chicago, the court went into detail to “resolve a question about the State’s responsibility to honor the agreements it makes with defendants.”
Smollett has maintained his innocence from the first allegations, but when the first indictment was withdrawn, a special prosecutor reopened the case, and in 2021, he was found guilty on five counts of disorderly conduct and given a 150-day jail sentence. After serving six days while his appeal was pending, he was then freed. According to CBS News Chicago, the state’s highest court, which included defense lawyers, overturned the contentious conviction. The $10,000 bond that was forfeited as part of the prior arrangement was successfully claimed to be binding by Smollett’s legal team.
According to Smollett’s lawyer Nenye Uche, “prosecutorial agreements that induce a defendant’s specific performance should be enforced.” As stated in the court announcement, Nenye Uche informed the justices that Smollett had given up his bond and completed community service in accordance with the arrangement reached with Kim Foxx of the Cook County State’s Attorney’s Office in exchange for not facing charges. According to Smollett’s defense and the Illinois Supreme Court’s later ruling, this arrangement ought to have barred the actor from facing additional legal action.
According to Justice Rochford’s decision, overturning a non-prosecution agreement would violate traditional contract law and jeopardize the basic equity of the relationship between the government and its people. In accordance with due process rights, the court has since remanded the case to the trial court, requiring the formal dismissal of charges that Miller, a former prosecutor, said were unexpected. The court’s ruling emphasized the need for the state to fulfill its responsibilities while acknowledging the divisive public opinion the case has caused.
Even though it appears that Smollett’s legal issues surrounding his conviction have been resolved, the former actor is still facing legal action from the city of Chicago. Smollett has filed a counterclaim, accusing the police of malicious prosecution, while the city is trying to recover almost $130,000 for the cost of investigating the alleged hate crime. Irv Miller, a legal analyst for CBS News Chicago, stated that the Illinois Supreme Court’s decision had no bearing on the current federal case.
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