What did Jussie Smollett allegedly do? Empire actor's 2019 conviction gets overturned

The Illinois Supreme Court overturned American actor and singer, Jussie Smollett's 2019 hate crime hoax conviction on Thursday, citing due process violations. The court ruled that the actor’s second prosecution after an initial case dismissal breached his constitutional rights.

The decision addressed whether a dismissal by nolle prosequi—used as part of an agreement with the defendant—permits a second prosecution. "We hold that a second prosecution under these circumstances is a due process violation," the court stated in documents obtained by Fox News Digital.

Jussie Smollett, a Black and openly gay actor, initially reported in January 2019 that he was the victim of a racist and homophobic attack in Chicago. However, authorities later accused him of fabricating the incident.

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Jussie Smollett's 2019 conviction and initial allegations

On December 23rd, 2021, the jury in Cook County of Illinois in the United States convicted Jussie Smollett of five felony counts of disorderly conduct for allegedly staging a hate crime against himself. The prosecutors said that Smollett paid $3,500 to two Nigerian brothers, Abimbola and Olabinjo Osundairo to stage the attack.

It was claimed that the actor wanted to get more fame to promote his showbiz career. These accusations were refuted by Smollett who defended himself and his innocence in the court.

As per the police, Jussie Smollett said his attackers doused him with chemicals, put a rope around his neck, and bruised him while shouting racist epitaphs, and homophobic slurs. But detectives said he lied, and they arrested Smollett a month later due to changes in his story.

The scandal deepened when a 'teenybopper' dropped a 16-count indictment accusing Smollett in March 2019. This decision, which also entailed the return of Smollett’s $10,000 bond, was the subject of massive scorn from other Chicago officials, such as ex-Mayor Rahm Emanuel. A special prosecutor, Dan Webb, was later appointed, and in February 2020, a grand jury re-indicted Smollett.

The Osundairo brothers who allegedly attacked Jussie Smollett, went on trial to explain that he tried to stage the incident and even offered instructions. Smollett however denied such claims, arguing his assault had been real. The jury took nine hours to convict him in late December 2021, while during the trial, special prosecutor Webb dismissed Smollett’s story as ridiculous for entertainment.

Jussie Smollett could have been imprisoned for up to three years for every count, however, legal analysts expected him to be placed on probation and be made to serve community service rather than be locked up.

Jussie Smollett's acting career suffered following the allegations. He was written out of the final season of Empire, which concluded its run in 2020. The case, which received widespread media attention, became polarizing, with Smollett's defense attorney arguing that he was unfairly "tried and convicted in the media."

The Illinois Supreme Court’s recent decision nullifies the legal ramifications of Smollett’s conviction. The ruling emphasized that agreements made between defendants and the state must be honored, particularly when defendants fulfill their part of the bargain.

Jussie Smollett's film The Lost Holliday, which he directed and stars in, was released on September 27, 2024. The drama features Vivica A. Fox follows a complex family story centered on love, loss, and unexpected revelations.

Smollett also co-wrote the film. This marks Smollett's return to filmmaking after his legal controversies, indicating his focus on directing and acting in the near future.