Illinois Supreme Court Overturns Jussie Smollett Conviction

The Illinois Supreme Court overturned Jussie Smollett’s 2021 conviction of five felony counts of disorderly conduct on Thursday after the actor allegedly orchestrated a hate crime aimed towards himself back in 2019. 

Three years after the 42-year-old actor was found guilty of five felony charges of disorderly conduct for allegedly orchestrating a hate crime against himself, the Illinois Supreme Court decided to overturn the conviction. The Illinois Supreme Court found that the special prosecutor involved in the independent investigation conducted by the state violated Smollett’s rights. 

“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 Illinois Supreme Court’s opinion stated.

Photo Credits: Associated Press

On January 29, 2019, at approximately 2 A.M., Smollett was reportedly viciously attacked by two men, identified as Nigerian-American brothers Abimbola and Olabinjo Osundairo, as he was walking around in the downtown Chicago Streeterville area. 

The Osundairo brothers hurled racial and homophobic slurs at Smollett just before they battered him with their hands and poured an unknown chemical substance on the actor.

Photo Credits: Chicago Police

During the attack, one of the Osundairo brothers wrapped a robe around Smollett’s neck, according to the Chicago police.

Immediately after the attack, the Empire actor went straight to the hospital following what the police described as a “possible racially-charged assault and battery.” 

Authorities later identified the Osundairo brothers, who were extras on Empire, and they were detained when they arrived at the O’Hare International Airport on Wednesday, February 13, 2019. The Osundairo brothers told the authorities that they were paid $3,500 by Smollett to stage the attack against the actor to allegedly help boost his career.

After the Osundairo brothers revealed that the attack against Smollett was a hoax, a grand jury then charged the Empire actor with a Class 4 felony for filing a false police report. 

After the original charges of staging a hate crime against himself were dropped against Smollett in March 2019, the national sensation case was reopened following an independent investigation conducted by the state with a special prosecutor.

Photo Credits:
Cook County Sheriff’s Office

In December 2021, the 42-year-old actor was found guilty and was given a sentence of 150 days in county jail, 30 months of probation, and $130,000 in restitution. 

During Thursday’s ruling, Justice Elizabeth M. Rochford stated that after the initial charges against Smollett were dropped, a special prosecutor should not have been able to intervene and ultimately recharge the actor.

“Because the initial charges were dismissed as part of an agreement with the defendant and the defendant performed his part of the agreement, the second prosecution was barred, Justice Rochford stated.

Smollett’s legal team revealed that he was “happy and relieved but also disappointed to have been “dragged through an unfair process.”

“Even though this is over now and Jussie just absolutely wants to move his life forward, people should start asking questions. How did this happen? Why should this even happen? What can we do to make sure this doesn’t happen again?” Nenye Uche, Smollett’s attorney, stated

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