The Illinois Supreme Court overturned Jussie Smollett’s conviction on Thursday, ruling that a special prosecutor’s involvement in the case was improper. Smollett had been found guilty in 2021 of staging a racist and homophobic attack against himself in Chicago and lying to police.
The court decided that Cook County prosecutors were within their rights when they initially dropped charges against Smollett in 2019 in exchange for his $10,000 bond and community service. Justice Elizabeth Rochford, writing for the unanimous 5-0 decision, said the state must honor agreements it makes, even in controversial cases.
The special prosecutor, Dan Webb, expressed disagreement with the ruling but clarified it had no bearing on Smollett’s innocence.
Smollett, a Black and gay actor known for his role on the Chicago-based TV drama Empire, claimed in 2019 that two men attacked him, used slurs, and put a noose around his neck. The allegations sparked national outrage and a police investigation. Prosecutors later argued Smollett orchestrated the attack, paying two men $3,500 to stage the scene, allegedly upset over how the studio responded to hate mail he received.
Testimony revealed Smollett instructed the men to yell slurs and shout “MAGA country,” referencing Donald Trump’s campaign slogan. Smollett maintained his innocence, saying he was the victim of a hate crime.
The case reignited in 2020 when a special prosecutor took over, leading to a grand jury reinstating charges. Smollett was convicted on five counts of disorderly conduct and sentenced to 150 days in jail, serving six before being released pending appeal. He was also ordered to pay $130,000 in restitution for police overtime tied to the investigation.
Webb noted that Chicago officials could still pursue a civil lawsuit to recover the restitution.
Smollett, who gained fame as a child actor in The Mighty Ducks, credited Empire for reviving his career. This year, he starred in the film The Lost Holliday alongside Vivica A. Fox.
Chief Justice Mary Jane Theis and Justice Joy Cunningham did not participate in the ruling.
The Associated Press contributed to this report.
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