Former ‘Empire’ actor’s conviction in 2019 attack on himself is overturned

SPRINGFIELD, Ill. — The Illinois Supreme Court on Thursday overturned actor Jussie Smollett’s conviction on charges that he staged a racist and homophobic attack against himself in downtown Chicago in 2019 and lied to police.

The state’s highest court ruled that a special prosecutor should not have been allowed to intervene after the Cook County state’s attorney initially dropped charges against Smollett in exchange for forfeiting his $10,000 bond and conducting community service. The ruling and the appeal did not address Smollett’s continued claim of innocence.

Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama “Empire,” which filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio’s response to hate mail he received.

“We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust,” Justice Elizabeth Rochford wrote in the 5-0 decision. “Nevertheless, what would be more unjust than the resolution of any one criminal case would be a holding from this court that the state was not bound to honor agreements upon which people have detrimentally relied.”

Smollett’s attorneys have argued that the case was over when the Cook County State’s Attorney Kim Foxx’s office dropped an initial 16 counts of disorderly conduct. A grand jury restored charges after a special prosecutor took the case. A jury convicted Smollett of five counts of disorderly conduct in 2021.

Emailed messages seeking comment were sent Thursday to Foxx’s office and to Smollett’s attorney, who have argued that Smollett has been victimized by a racist and politicized justice system.

Testimony at his trial indicated Smollett paid $3,500 to two men whom he knew from “Empire” to carry out the attack. Prosecutors said he told them what slurs to shout, and to yell that Smollett was in “MAGA country,” an apparent reference to the Donald Trump’s presidential campaign slogan.

Smollett testified that “there was no hoax” and that he was the victim of a hate crime in his downtown Chicago neighborhood.

He was sentenced to 150 days in jail — six of which he served before he was freed pending appeal — 30 months of probation and ordered to pay about $130,000 in restitution.

A state appellate court ruling upheld Smollett’s the conviction, declaring that no one promised Smollett he wouldn’t face a fresh prosecution after accepting the original deal.

Illinois Supreme Court Chief Justice Mary Jane Theis and Justice Joy Cunningham took no part in Thursday’s decision.

Associated Press reporter Sophia Tareen in Chicago contributed to this report.