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By Eric Cox and Brad Brooks
CHICAGO (Reuters) -The Illinois Supreme Court on Thursday overturned the conviction of actor Jussie Smollett, the one-time star of the TV drama "Empire", for staging a hate crime against himself in 2019.
The court agreed with defense arguments that Smollett should not have been charged a second time for filing a false hate crime report because prosecutors had already agreed to drop such charges against him in a negotiated agreement.
"We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant's
conviction," Justice Elizabeth Rochford wrote in the opinion.
A jury in 2021 found Smollett guilty of five counts of disorderly conduct for falsely telling Chicago police that he was accosted on a dark Chicago street by two masked strangers in a racist and homophobic attack in 2019. The investigation revealed that Smollett, who is Black and gay, paid two men to stage the attack.
The actor was ordered to spend 150 days in jail, but was released after being confined for six days pending his appeal.
Smollett had claimed the attackers threw a noose around his neck and poured chemicals on him while yelling racist and homophobic slurs and expressions of support for then-President Donald Trump.
The original case against Smollett was dropped by Cook County prosecutors in the spring of 2019 in exchange for Smollett forfeiting his $10,000 bond without admitting wrongdoing.
The dismissal drew criticism from then-Mayor Rahm Emanuel and the city's police superintendent, who called the reversal a miscarriage of justice. A special prosecutor was appointed in the summer of 2019 to investigate Smollett's case, and new charges against him were brought in February 2020.
In a statement, Smollett's attorney Nenya Uche said "the rule of law was the big winner today."
Special prosecutor Dan Webb disagreed with the court's decision and argued in a statement that there was precedent in state law to justify the second set of charges.
"Make no mistake - today's ruling has nothing to do with Mr. Smollett's innocence," Webb said.
"The Illinois Supreme Court did not find any error with the overwhelming evidence presented at trial that Mr. Smollett orchestrated a fake hate crime and reported it to the Chicago Police Department as a real hate crime, or the jury's unanimous verdict that Mr. Smollett was guilty of five counts of felony disorderly conduct," Webb said.
Kimberly Foxx, the Cook County state's attorney whose office reached the original deal to drop charges against Smollett, said she was not surprised by the Supreme Court's decision.
"I knew at the outset that the second prosecution and the second investigation was illegitimate," Foxx said by phone.
Foxx said Smollett's case was a non-violent offense and was dealt with in "the same way we handle thousands of cases similarly. It was not unusual what happened in his case."
(Reporting by Eric Cox in Chicago and Brad Brooks in Colorado; Editing by Donna Bryson and Bill Berkrot)
