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The Illinois Supreme Court has dismissed Jussie Smollett's conviction for falsely reporting a hate crime, ruling Thursday that the actor’s due process rights were violated when he was retried after reaching an agreement with prosecutors.
In a unanimous 5-0 decision, the court directed the Cook County Circuit Court to dismiss the case, stating that Smollett should not have faced trial after his 2019 agreement with Cook County State’s Attorney Kim Foxx. Under the deal, criminal charges were dropped in exchange for a fine and community service.
The court acknowledged the high-profile nature of the case but emphasized the importance of honoring legal agreements.
“We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust," the court wrote. "Nevertheless, what would be more unjust than the resolution of any one criminal case would be a holding from this court that the State was not bound to honor agreements upon which people have detrimentally relied.”
Smollett was charged in 2019 with felony disorderly conduct for allegedly staging a hate crime in Chicago’s Streeterville neighborhood. The incident involved the Osundairo brothers, who reportedly doused him with bleach and placed a noose around his neck. Weeks later, Foxx’s office dropped the charges.
Foxx defended the original decision, stating it balanced the belief in Smollett’s wrongdoing with a resolution deemed appropriate at the time.
“This decision was made with the belief that he had done it and considering what remedy could get us beyond it,” Foxx said.
Nenye Uche, Smollett’s lead attorney, welcomed the ruling.
“It’s unfortunate what happened to him. He was railroaded,” Uche said. “This was a travesty.”
The Illinois Supreme Court cited the Pennsylvania Supreme Court’s decision in the Bill Cosby case as part of its rationale. That decision underscored the primacy of constitutional rights, even in cases drawing significant public attention.
“Society’s interest in prosecution does not displace the remedy due to constitutionally aggrieved persons,” the court wrote, referencing the Cosby case.
Legal analyst Gil Soffer explained that the ruling effectively clears Smollett’s criminal record.
“The charges should never have been brought, the conviction is overturned, and the allegations are dismissed,” Soffer said. “He’s free and clear from a criminal perspective. However, civil actions or reputation issues are separate matters.”
Special Prosecutor Dan Webb, who pursued the case after the initial charges were dropped, strongly disagreed with the ruling.
“We respectfully disagree with the court’s factual and legal reasoning, which upends long-standing Illinois precedent,” Webb’s office stated. “The Illinois Supreme Court itself acknowledged that its holding today was not explicit in earlier Illinois decisions.”
Smollett’s case has been fraught with controversy since its inception, drawing widespread public attention and sparking debates over race, privilege, and the justice system. The Supreme Court’s decision adds another dramatic chapter to the saga, raising questions about prosecutorial discretion and the boundaries of legal agreements.