The Illinois State Supreme Court has dismissed Jussie Smollett’s conviction for staging a hate crime in a ruling Thursday.
The ruling overturns a Cook County conviction against the former “Empire” actor, and ultimately means he cannot be tried again. Smollett’s appeal argued that a special prosecutor should not have been allowed to intervene after the Cook County state’s attorney initially dropped charges. The court found that the famous actor had his rights violated by the special prosecutor’s decision to retry him, according to CBS News.
CHICAGO, ILLINOIS – MARCH 10: Actor Jussie Smollett is led out of the courtroom after being sentenced at the Leighton Criminal Court Building on March 10, 2022 in Chicago, Illinois. Jussie Smollett was found guilty late last year of lying to police about a hate crime after he reported to police that two masked men physically attacked him, yelling racist and anti-gay remarks near his Chicago home in 2019. He was sentenced to 150 days in jail, 30 months probation, ordered to pay $120,000 restitution to the city of Chicago and fined $25,000. (Photo by Brian Cassella-Pool/Getty Images)
Thursday’s ruling reads in part, “Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants. Specifically, we address whether a dismissal of a case by nolle prosequi allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain,” according to CBS News.
“We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction,” the court said.
LOS ANGELES, CALIFORNIA – JUNE 26: Jussie Smollett attends the 2022 BET Awards at Microsoft Theater on June 26, 2022 in Los Angeles, California. (Photo by Aaron J. Thornton/Getty Images for BET)
Smollett claimed two men wearing red MAGA hats jumped him outside his downtown apartment building in 2019 and made racist, homophobic comments.
A jury convicted him in December 2021 for lying about the attack, including the allegation that the men placed a noose around his neck while wearing MAGA hats.
He served only six days of his 150 day sentence before being released while he appealed his case.
