The Illinois Supreme Court on Thursday overturned actor Jussie Smollett’s conviction on charges that he staged a racist and homophobic assault against himself, ruling that his second prosecution for filing a false police report violated his constitutional rights.
The court determined that Smollett was unjustly prosecuted after an earlier agreement with state prosecutors had resolved the charges.
“We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse [the] defendant’s conviction,” Justice Elizabeth M. Rochford wrote in the ruling.
In January 2019, Smollett, who achieved widespread recognition portraying Jamal Lyon, an openly gay character on the hit TV series “Empire,” reported being the victim of a racist and homophobic attack in downtown Chicago, where the show was filmed.
He claimed two men physically assaulted him while shouting slurs and declaring, “This is MAGA country.”
The report initially drew national attention and widespread condemnation of hate crimes.
Authorities later accused Smollett of orchestrating the attack, alleging he recruited two brothers, Abimbola and Olabinjo Osundairo, to stage the incident. He was charged with felony disorderly conduct for filing a false police report.
“Let me start by saying that I’m OK. My body is strong but my soul is stronger,” Smollett said in a February 2019 statement. “I am working with authorities and have been 100% factual and consistent on every level. Despite my frustrations and deep concern with certain inaccuracies and misrepresentations that have been spread, I still believe that justice will be served.”
In a 2019 resolution, prosecutors dropped the charges after Smollett forfeited his $10,000 bond and completed community service. However, public backlash led to appointing a special prosecutor who revived the case.
Smollett was later convicted on five counts of felony disorderly conduct in 2021, based largely on testimony from the Osundairo brothers, who said Smollett planned and directed the staged assault. He was sentenced to five months in jail in 2022, but served just six days before being released pending appeal.
On Nov. 21, the Illinois Supreme Court ruled 4-2 in Smollett’s favor, citing violations of his due process rights.
Nenye Uche, Smollett’s attorney, welcomed the ruling.
“We are thankful to the Illinois Supreme Court for restoring order to Illinois’ criminal law jurisprudence,” Uche said. “This decision is a victory for justice and due process.”
Smollett’s acting career began in childhood, with early roles in films such as “The Mighty Ducks” (1992) and “North” (1994). In the mid-1990s, he co-starred with his siblings on the sitcom “On Our Own.”
After a hiatus, Smollett returned to the spotlight as a musician, releasing the EP “Poisoned Hearts Club” in 2012, and as an actor in the independent film “The Skinny.”
In 2015, Smollett achieved widespread recognition for portraying Jamal Lyon on the hit TV series “Empire.” Jamal became a groundbreaking character for LGBTQ+ representation on television.
Smollett also contributed original music to the show’s soundtrack, which became a commercial success. His performance earned him critical acclaim and a recording contract with Columbia Records.
While his legal troubles resulted in Jamal being written out of “Empire” during its final season, Smollett’s contributions to the show remained significant. His attorneys hope he can now rekindle his career.
“This case has always been about protecting constitutional rights,” Uche said. “Today, justice has prevailed.”