Jussie Smollett’s hate crime hoax conviction was overturned by the Illinois Supreme Court on Thursday, highlighting violations of his rights while the legal issue was proceeding.
Smollett, who is a gay and a black actor, claimed that he was a victim of a homophobic attack and a racist by two men who were masked in Chicago.
While charges laid against the actor were formerly dropped, the case was reopened by a special prosecutor, leading to his sentencing on felony counts and 150 days in jail.
The black actor filed a petition in February, pushing for an intervention by the Illinois Supreme Court. Smollett’s legal team claimed that the trial that was conducted in 2021 violated his Fifth Amendment protection against double jeopardy, as he had already met with the terms of the agreement made in 2019.
The deal involves forfeiting a $10,000 bond and performing community service, and the office of the Cook County State’s Attorney dropped the former 16 charges that were laid against him.
A grand jury reinstated those charges a year later despite the agreement, aiding the conviction of Smollett.
His legal team claimed that the state did wrong by breaching its “nolle prose agreement,” which equates it to a deferred prosecution arrangement, and his human rights were breached when the trial was ongoing.
