Jussie Smollett hate crime fraud conviction overturned by Illinois Supreme Court

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

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

The judges noted that the case generated “considerable public interest” and many felt that the original settlement from the case was unfair.

“Yet what would be more unjust than the resolution of a criminal case would be a finding by this court that the state was not obligated to honor agreements upon which people have injuriously relied,” the ruling said.

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

The actor told police in January 2019 that he was the victim of a hate crime when 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 the Chicago Police Department later said Smollett recruited the brothers to help him stage the attack.

Smollett was arrested in February 2019 and charged with 16 felonies 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.

Prosecutors said at the time that Smollett was willing to surrender his ties to the city and engage in community service. Because of that, the office said it believed “this result is a just disposition and appropriate resolution of this case.”

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

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

A special prosecutor revived the case after the original deal and re-charged Smollett in the case, which ultimately led to trial despite objections from the actor’s lawyers.

Smollett has repeatedly denied allegations that he staged the attack, testifying at his trial that there was no hoax and that he was indeed 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 taking drugs, going to strip clubs and engaging in sexual activity.

Both brothers said Smollett hired them to stage an attack as a ploy for public attention during the trial, noting a $3,500 check Smollett paid them.

Smollett’s defense said the brothers had exploited Smollett for financial gain and that the check was written to them for personal training.