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Jussie Smollett’s conviction for hate crime hoax overturned by Illinois Supreme Court
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Jussie Smollett’s conviction for hate crime hoax overturned by Illinois Supreme Court

The conviction against actor Jussie Smollett for falsely reporting a hate crime to Chicago police in 2019 has been overturned by the Illinois Supreme Court over prosecutorial concerns.

Smollett’s case was reviewed by the state Supreme Court, which ruled Thursday that the former “Empire” actor should not have been charged after reaching a non-prosecution agreement with the Cook County State’s Attorney’s Office.

The judges noted that the case generated “significant public interest” and many believed that the original resolution of the case was unjust.

“What would be more unjust than the resolution of any criminal case, however, would be for this court to find that the state is not obliged to honor agreements on which people have harmfully relied,” the ruling said.

Smollett was sentenced to 150 days in jail and 30 months probation in 2022 after being found guilty of five misdemeanor counts of disorderly conduct.

The actor told police in January 2019 that he was the victim of a hate crime after he was brutally attacked in Chicago’s Streeterville neighborhood because he is black and gay. Two men – brothers Olabingo and Abimbola Osundairo – were arrested in the investigation.

But Chicago police later said Smollett recruited the brothers to help him stage the attack.

Smollett was arrested in February 2019 and charged with sixteen crimes for allegedly filing a false police report in March of that year. However, the charges were later dropped by the Cook County State Attorney’s Office.

The District Attorney’s Office said at the time that Smollett was willing to surrender his bond to the city and perform community service. As a result, the office said it believed “this outcome is a just decision and an appropriate resolution to this matter.”

State’s Attorney Kimberly Foxx was criticized for the decision by Chicago Police Department leadership and then-Chicago Mayor Rahm Emanuel.

Emanuel described it as a “whitewash of justice” and a moment of special treatment for Smollett’s celebrity.

A special prosecutor revived the case after the original deal and re-indicted Smollett in the case, eventually leading to a trial over objections from the actor’s lawyers.

Smolllett has repeatedly denied claims that he staged the attack, testifying at his trial that there was no hoax and that he was actually attacked that night.

He testified that he developed a friendship with Abimbola Osundairo during the man’s time on the set of “Empire” as a background actor. Smollett also said the friendship included using drugs, going to strip clubs and engaging in sexual activity.

Both brothers said Smollett hired them to carry out an attack as a ploy to gain public attention during the trial, noting that Smollett cut them a check for $3,500.

Smollett’s defense said the brothers took advantage of Smollett for financial gain, and that the check was made out to them for personal training services.