Jussie Smollett: Lawbreaker Or Victim Of Circumstance?

On January 29, 2019, American actor Jussie Smollett reported to the Chicago Police Department that he was the victim of a hate crime. Smollett claimed that he was attacked by two men who shouted racial and homophobic slurs and wrapped a noose around his neck. Smollett also told police that the attackers referenced MAGA country, a nod to former President Donald Trump's Make America Great Again slogan.

However, police later alleged that Smollett had staged the attack and paid two brothers, Abimbola and Olabinjo Osundairo, $3,500 to carry it out. Smollett was charged with disorderly conduct and filing a false police report but all charges were dropped after he performed community service and forfeited his $10,000 bond.

In 2020, a special prosecutor indicted Smollett again on six counts of felony disorderly conduct, and he was convicted on five counts in December 2021. Smollett was sentenced to 150 days in jail and ordered to pay restitution and fines totalling over $145,000. However, in 2024, the Illinois Supreme Court overturned Smollett's conviction, ruling that his due process rights had been violated.

Jussie Smollett's conviction was overturned by the Illinois Supreme Court

In November 2024, the Illinois Supreme Court overturned Jussie Smollett's conviction, ruling that his constitutional rights were violated when he was prosecuted a second time after the original charges against him were dropped in 2019.

Smollett, an actor on the television drama "Empire," was accused of staging a hate crime against himself in downtown Chicago in January 2019 and lying to the police about it. He claimed that two men assaulted him, using racial and homophobic slurs, and put a noose around his neck. This led to a large-scale search for the suspects by Chicago police detectives and sparked international outrage.

The original charges against Smollett, which included 16 counts of disorderly conduct, were dropped by the Cook County State's Attorney's Office in March 2019. This decision was met with criticism from Chicago Mayor Rahm Emanuel, who called it a "whitewash of justice." As part of a deal with prosecutors, Smollett agreed to forfeit his $10,000 bond and perform community service.

However, a special prosecutor, Dan Webb, was later appointed to reinvestigate the case, and in February 2020, Smollett was indicted again on six counts of felony disorderly conduct for lying to the police. In December 2021, he was found guilty on five of these counts and sentenced to 150 days in jail and 30 months of probation. Smollett maintained his innocence throughout and appealed the decision.

The Illinois Supreme Court's ruling in November 2024 agreed with Smollett's attorneys that his Fifth Amendment rights had been violated when he was prosecuted for a second time after reaching a plea deal. The court stated that "a second prosecution under these circumstances is a due process violation." This decision reversed Smollett's conviction and ordered the case against him to be dismissed.

Special prosecutor Dan Webb disagreed with the court's ruling, stating that it "has nothing to do with Mr. Smollett's innocence." He noted that the court did not find any errors with the evidence presented at the trial, which included testimony that Smollett had paid two men $3,500 to carry out the attack. However, Smollett's attorney, Nenye Uche, maintained that the trial was "a vindictive prosecution" and that Smollett was relieved and grateful for the court's ruling.

Smollett was charged with filing a false police report

On February 20, 2019, Jussie Smollett was charged with filing a false police report. This was a class 4 felony charge, which in Illinois, carries a maximum sentence of three years in prison.

Smollett was accused of paying two Nigerian-American brothers, Abimbola and Olabinjo Osundairo, to stage a fake hate crime against him. The brothers were extras on the set of the television drama Empire, in which Smollett was a cast member. During the staged attack, the brothers shouted racial and homophobic slurs, poured bleach on Smollett, and placed a noose around his neck. Smollett later described one of the attackers as a white male. He also told police that the men shouted "This is MAGA country", a reference to the Trumpist political slogan "Make America Great Again".

The Osundairo brothers testified that Smollett staged the attack near a surveillance camera so that video footage could be publicized. On February 13, 2019, Chicago police raided the home of the brothers and found records indicating they had been paid $3,500 by Smollett. They also found receipts for the rope found around Smollett's neck, as well as security camera footage of the brothers purchasing gloves, ski masks, and a red hat that was used in the attack.

On February 21, 2019, Smollett surrendered himself to the Chicago Police Department and was arrested. Later that day, Chicago Police Superintendent Eddie T. Johnson held a press conference and explained how the department concluded that the alleged assault was staged. Abimbola and Olabinjo Osundairo, who say they helped stage the attack, claimed that Smollett came up with the idea after a threatening letter he received did not generate as much attention as he had hoped.

On March 8, 2019, Smollett was indicted on 16 felony counts of "false report of offense" related to the incident. On March 14, 2019, he pled not guilty. However, on March 26, 2019, all charges against Smollett were dropped in exchange for him performing community service and forfeiting his $10,000 bond.

Smollett was sued by the City of Chicago for police investigation costs

On April 12, 2019, the City of Chicago sued Jussie Smollett for the $130,000 cost of the investigation into his alleged attack. The lawsuit stated that Smollett had submitted a false police report, claiming he was the victim of a racist and homophobic beating by unknown attackers. The city argued that Smollett had orchestrated the attack himself and recruited the Osundairo brothers to stage it. Chicago sought to recoup the costs of the investigation, including police overtime, which amounted to over $130,000.

Smollett's attorneys responded to the lawsuit, calling it "unconstitutional" and accusing the city of attempting to "get a second bite at the apple once charges against a criminal defendant have been dismissed." They also filed a counterclaim, alleging that Smollett was the victim of "mass public ridicule and harm" and malicious prosecution.

The City of Chicago maintained that Smollett should be held accountable for his actions and be required to compensate for the resources expended in investigating his false claims. They believed Smollett could be liable for up to three times their total damages, which could amount to nearly half a million dollars.

The civil lawsuit, filed in Cook County Court, requested a jury trial to determine the amount that Smollett could be ordered to pay. Chicago also sought to recover $1,000 for each false statement Smollett made to the police, in addition to covering their legal fees and litigation costs.

In March 2022, Smollett was ordered to pay $120,106 in restitution for the overtime spent by Chicago police officers during the investigation. However, his conviction was later overturned by the Illinois Supreme Court in November 2024, ruling that his fifth amendment rights had been violated when he was prosecuted after reaching a plea deal. Despite this, special prosecutor Dan Webb emphasized that the ruling did not reflect Smollett's innocence and that the court found no errors in the evidence presented at trial.

Smollett's lawyers argued his Fifth Amendment rights were violated

In November 2024, the Supreme Court of Illinois overturned Jussie Smollett's conviction, agreeing with his lawyers that his Fifth Amendment rights had been violated when he was prosecuted after reaching a plea deal.

Smollett's lawyers argued that the case was over when the Cook County State's Attorney's Office dropped the initial 16 counts of disorderly conduct in March 2019. As part of the deal, Smollett performed community service and forfeited a $10,000 bond. However, a special prosecutor was later appointed, and a grand jury restored the charges, leading to Smollett's conviction on five counts of disorderly conduct in 2021.

Smollett's attorneys contended that it was unfair for the court not to have honoured the agreement made with the Cook County State's Attorney's Office. They argued that Smollett had detrimentally relied on the agreement, and that a second prosecution under these circumstances violated his due process rights.

The Illinois Supreme Court agreed with Smollett's lawyers, ruling that a special prosecutor should not have been allowed to intervene after the initial charges were dropped per the agreement. The court's decision focused on the state's responsibility to honour agreements made with defendants and the protection of due process rights, rather than on Smollett's claim of innocence.

Smollett's conviction was reversed on the basis that he had fulfilled a plea agreement

In November 2024, the Illinois Supreme Court overturned Jussie Smollett's conviction, ruling that his fifth amendment rights had been violated when he was prosecuted after reaching a plea deal.

In 2019, Smollett was accused of staging a hate crime against himself and filing a false police report. He was initially indicted on 16 felony counts of disorderly conduct, but these charges were dropped after he agreed to forfeit his $10,000 bond and perform community service. However, a special prosecutor was later appointed, and Smollett was indicted again on six counts of felony disorderly conduct. He was convicted on five of these counts in December 2021 and sentenced to 150 days in jail.

Smollett's attorneys appealed the conviction, arguing that it was unfair for him to be charged again after the original charges had been dropped as part of a plea agreement. The Illinois Supreme Court agreed with this argument, stating that "a second prosecution under these circumstances is a due process violation". The court's decision focused on the principle that the state must honour agreements made with defendants and that prosecuting Smollett a second time violated his due process rights.

It is important to note that the Illinois Supreme Court's ruling did not address Smollett's claim of innocence or the merits of the case against him. The special prosecutor, Dan Webb, emphasized that the ruling was based on a procedural issue and did not reflect on Smollett's guilt or innocence.

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