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Jussie Smollett's conviction for that hate crime hoax just got overturned—here's what we know
This is the latest update in a five-year-long saga involving the embattled Empire actor.
Out actor and singer Jussie Smollett has had his conviction dropped in a 2019 incident where he was charged with staging a racist and homophobic hate crime against himself.
Smollett, 42, was a popular actor on the hit show Empire in 2019 when he alleged that he was the victim of a hate crime, however, it soon came to light that he knew the men who allegedly attacked him and there was evidence he was involved in the planning. Smollett has maintained his innocence.
Now, over five years after the initial controversy, his conviction for filing false police reports has been overturned.
Here's everything you need to know.
Smollett is an actor and singer who made his acting debut as a child playing one of the members of the titular youth hockey team in The MIghty Ducks.
He came out as gay when he was 19, and in 2014, began starring in the hit Fox drama Empire as Jamal Lyon, the gay son of Lucious Lyon who was trying to make it as a singer. At the same time, he also recorded and released music.
On January 29, 2019, Smollett filed a report with Chicago police that he was attacked by two white men at 2am while walking home from a Subway restaurant. He claimed that the two men yelled, "This is MAGA country," made racist and homophobic remarks, punched him, poured bleach on his body, and put a rope around his neck.
In February 2019, police arrested two Nigerian brothers, Olabinjo and Abimbola Osundairo, in connection with the incident. One of the brothers had worked on Empire previously and their attorney said they also knew Smollett from the gym.
Shortly after the brothers' arrest, two Chicago police officers told CNN and CBS that they believed Smollett may have orchestrated the attack on himself.
The brothers' attorney said they provided Chicago PD with evidence that Smollett was involved in the purchase of the rope used in the attack, and alleged that they were paid $3,500 by Smollett to do the attack.
On February 21, 2019, Smollett turned himself in to police after he was charged with 16 counts of filing false reports, which is a felony.
On March 26, 2019, all charges against Smollett were dropped by Chicago prosecutors after he performed community service and forfeited his bond.
"After reviewing all of the facts and circumstances of the case, including Mr. Smollett's volunteer service in the community and agreement to forfeit his bond, we believe this outcome is a just disposition & appropriate resolution to this case," an attorney for Cook County said at the time.
However, after that, there were allegations of favoritism and leniency, and a special prosecutor was brought on to re-examine the charges. The new special prosecutor charged Smollett again, and he was indicted again by a grand jury on six counts of felony disorderly conduct for filing false police reports.
Smollett's trial began in November of 2021, and he was found guilty on five of six counts. He was sentenced to 150 days in jail, 30 months on probation, and was ordered to pay restitution and fines.
He was released from jail after serving only six days so that he could appeal the case.
In March of 2024, the Illinois Supreme Court agreed to hear an appeal of Smollett's disorderly conduct charges. His lawyers argued that since Cook County State's Attorney Kim Foxx had dropped the case after Smollett forfeited his bond and performed community service, he should not have been tried again for the same crime.
The Illinois Supreme Court has now ruled that Smollett should not have been re-charged after he agreed to a non-prosecution agreement with Foxx. The court says that he was unjustly persecuted after the agreement was made.
“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 of the new ruling.
The court acknowledged that many people felt the original case's resolution was unjust, and added "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."
Mey Rude is a journalist and cultural critic who has been covering queer news for a decade. The transgender, Latina lesbian lives in Los Angeles with her fiancée.
Mey Rude is a journalist and cultural critic who has been covering queer news for a decade. The transgender, Latina lesbian lives in Los Angeles with her fiancée.
