Illinois Supreme Court overturns Smollett conviction in hate-crime hoax, cites prosecutorial issues

The Illinois Supreme Court on Thursday overturned actor Jussie Smollett’s conviction for staging an attack on himself in Chicago in 2019 and lying to police about the incident, citing prosecutorial issues.

Smollett, who is African-American and homosexual, told police that two men yelled racial and homophobic insults, put a noose around his neck and assaulted him.

Smollett appealed his conviction, arguing the special prosecutor should not have been able to pursue the case after the Cook County state’s attorney had dropped the charges against him, according to the Associated Press. 

The charges were dropped as as result of the former "Empire" actor having entered a non-prosecution agreement with the state's attorney's office.

Special Prosecutor Dan K. Webb issued the statement after the decision.

"We are disappointed in the Illinois Supreme Court’s decision today to overturn Jussie Smollett’s convictions and sentence, including the award of over $120,000 in restitution to the City of Chicago for its overtime expenses in investigating Mr. Smollett’s fake hate crime," he said. 

"We respectfully disagree with the Court’s factual and legal reasoning which upends long-standing Illinois precedent. Indeed, the Special Prosecutor’s brief to the Illinois Supreme Court was replete with Illinois case law that would not preclude a second, new prosecution following a dismissal without prejudice via nolle prosequi. Even the Illinois Supreme Court agreed in its opinion that its holding today was not explicit in earlier Illinois decisions," he added.