The Illinois Supreme Court has thrown out former “Empire” actor Jussie Smollett’s conviction for lying about a 2019 hate crime.
The Illinois Supreme Court has thrown out former “Empire” actor Jussie Smollett’s conviction for lying about a 2019 hate crime.
Smollett was found guilty in 2021 for faking a racist and homophobic attack and lying to the police. His lawyers said this violated his Fifth Amendment rights because, in 2019, Cook County State’s Attorney Kim Foxx had already agreed to drop the charges if Smollett paid $10,000 and did community service. A special prosecutor later charged him again, leading to his trial and conviction.
In its decision, filed on Thursday, the court stated they are resolving a “question about the State’s responsibility to honor the agreements it makes with defendants.”
The court stated it did not find that the state could bring a second prosecution against Smollett after the initial charges were dismissed as part of an agreement and the actor performed the terms of the agreement, noting that Illinois case law establishes that it is “fundamentally unfair to allow the prosecution to renege on a deal with a defendant when the defendant has relied on the agreement to his detriment.
