Jussie Smollett at the 2022 BET Awards at Microsoft Theater on June 26, 2022 in Los Angeles, CA

Why Jussie Smollett's Conviction Was Overturned Five Years After Hate Crime Hoax

Home / Breaking News / Why Jussie Smollett's Conviction Was Overturned Five Years After Hate Crime Hoax

By Favour Adegoke on November 21, 2024 at 11:25 AM EST
Updated on November 21, 2024 at 1:42 PM EST

The Illinois Supreme Court has reversed Jussie Smollett's hoax conviction after it was found that there was a "violation of due process" thanks to a special prosecutor's attempt to retry the actor.

In December 2021, the "Empire" star was convicted on five felony counts of disorderly conduct for submitting false reports after claiming that he was the victim of a hate crime. This happened after charges were initially dropped in 2029.

Since his hoax conviction, Jussie Smollett has maintained his innocence, stating that he never lied about being attacked by two men.

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Jussie Smollett's Hoax Charges Have Been Overturned

Jussie Smollett at the 2022 BET Awards at Microsoft Theater on June 26, 2022 in Los Angeles, CA
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According to reports, the actor's hoax conviction has been reversed following a ruling by the Illinois Supreme Court.

In a statement, the court gave its reasons for overturning the conviction, noting that there was a violation of "due process."

"Today we resolve a question about the State's responsibility to honor the agreements it makes with defendants," the statement read, per WG9 news. "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."

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"We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant's conviction," the court further noted.

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The Actor Was Retried After His Charges Were Initially Dropped In 2019

Jussie Smollett looks stony-faced in a new mugshot photograph.
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In December 2021, Smollett was convicted of five felony counts of disorderly conduct for his hoax crime.

This conviction was handed out to the actor due to the Cook County state's attorney picking up the case after the 2019 charges against Smollett were initially dropped.

The attorney requested that an independent inquiry with a special prosecutor be conducted. This led to Smollett being found guilty of lying to police and staging a hate crime.

The actor received a five-month jail sentence, 30 days in probation, and a fine of $130k in restitution to cover the costs incurred by the Chicago Police Department during the investigation.

Smollett was, however, released on bail just six days into his sentence, with his legal team filing an appeal.

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While a state appellate court last year in December rejected Smollett's bid for an appeal, emphasizing that he must serve his entire sentence, the Illinois Supreme Court agreed to hear the actor's appeal, leading to his conviction being overturned.

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Jussie Smollett Called The Day Of His Arrest 'A Pretty Dark Day'

Jussie Smollett
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In an interview with People Magazine, Smollett talked about the day he was arrested for allegedly staging a hate crime.

He said, "That was a pretty dark day because that's when everything clicked to me of what was happening,"

Smollett added: "A lot of things tested my strength, a lot of things tested my mental, but the one thing I never lost — I never started thinking that I am somebody that I'm not. That is the one thing that did not happen."

At the time, the 42-year-old actor claimed two masked individuals assaulted him by hurling racial and homophobic insults at him, placing a noose around his neck, and pouring bleach on him.

Smollett also alleged back then that the men yelled, "This is MAGA country," during the assault.

The Actor Said He Was 'Numb' After His Arrest

Actor Jussie Smollett speaks to Judge James Linn after his sentence is read March 10, 2022, at the Leighton Criminal Court Building in Chicago.
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While speaking about his arrest, Smollett told People Magazine that he felt "numb" about the entire incident and arrest that ensued.

"I was numb. I didn't know how to connect the dots," Smollett said. "I really genuinely did not know."

The actor expressed confusion over the public's reaction, stating, "I couldn't make sense of what was going on, and I couldn't make sense of what people were actually thinking … what exactly do they think happened? I couldn't put two and two together."

Despite the hoax incident and his conviction, Smollett maintains his innocence, saying he felt exploited as a political pawn.

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Jussie Smollet Recently Made His Hollywood Comeback

Jussie Smollett
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The disgraced actor made his return to the silver screen with his new movie, "The Lost Holliday."

Smollett starred in the film as Jason Holliday alongside Vivica A. Fox, who portrays his mother-in-law, Cassandra Marshall.

The story focuses on family dynamics, exploring the experiences of a same-gender-loving couple and the importance of acceptance.

In an interview with Billboard, Smollett called the score of the movie "very special."

"I've been so blessed and a little lucky to be able to do certain projects that just so happen to have a musical component, particularly, obviously, 'Empire,'" the actor said. "That was just a perfect kind of marriage of so many of my loves. Music has always been the driving force behind everything I do."

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