On Thursday (Nov. 21), the Illinois Supreme Court overturned Jussie Smollett’s 2021 conviction for allegedly staging a racist and homophobic attack against himself and lying to police. The court ruled that Special Prosecutor Dan Webb should not have been allowed to reinstate charges after Cook County State Attorney Kim Foxx dropped them in exchange for a $10,000 bond forfeiture and completing community service. The ruling did not address Smollett’s continued claim of innocence.
Smollett, a Black and gay actor best known for his role on the television drama “Empire,” alleged that two men attacked him, used racial and homophobic slurs, and placed a noose around his neck in downtown Chicago, IL. The accusations led to a high-profile investigation and international outcry. Prosecutors later argued that Smollett orchestrated the incident because he was dissatisfied with the studio’s handling of hate mail he received. Testimony during his trial suggested that Smollett paid two acquaintances $3,500 to stage the attack. There were also claims that he instructed them to use specific slurs and reference “MAGA country,” a nod to Donald Trump’s campaign slogan.
According to ABC News, Justice Elizabeth Rochford emphasized the importance of honoring legal agreements following the court’s decision. “What would be more unjust than the resolution of any one criminal case,” Rochford wrote, “would be a holding from this court that the state was not bound to honor agreements upon which people have detrimentally relied.” Smollett’s attorneys have long maintained that the case was resolved when Foxx dropped the original 16 counts of disorderly conduct, despite backlash from figures like then-Mayor Rahm Emanuel, who called the resolution “a whitewash of justice.”
Smollett’s attorney, Nenye Uche, celebrated the ruling, calling the case “a vindictive persecution” rather than a fair prosecution. “Rule of law was the big winner today,” Uche said, thanking the court for “restoring order to Illinois’ criminal law jurisprudence.” Meanwhile, Webb expressed disagreement with the decision, noting that it did not dispute the evidence against Smollett or the jury’s verdict. “The Illinois Supreme Court did not find any error with the overwhelming evidence presented at trial,” he said, adding that the city of Chicago could still pursue a $130,000 civil case against Smollett to recoup costs from the police investigation.
Smollett, who served six of his 150-day jail sentence before being released pending appeal, maintained his innocence and testified that “there was no hoax” and he was a victim of a hate crime. Beyond his legal battles, Smollett has continued his acting career, recently starring in The Lost Holliday alongside Vivica A. Fox.