Jussie Smollet conviction overturned on appeal

Actor Jussie Smollett convicted on five felony counts for staged hate crime — The decision sparked backlash, as Smollett did not have to admit he staged the attack or apologize

(Image credit: Brian Cassella / Chicago Tribune / Tribune News Service via Getty Images)

What happened

The Illinois Supreme Court Thursday overturned the 2021 felony conviction of actor Jussie Smollett, ruling he should not have been prosecuted a second time after the charges against him had been resolved in a plea deal.

Who said what

Prosecutors in Cook County State Attorney Kimberly Foxx's office dropped the initial charges against Smollett in 2019, saying he had agreed to forfeit his $10,000 bond and perform community service. The decision "sparked immediate backlash from the city's top leaders," The Washington Post said, in part because Smollett did not have to admit he staged the attack or apologize.

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A special prosecutor revived the case and secured a conviction on five disorderly conduct charges in 2021. Smollett served six days of his 150-day sentence before being released on appeal. The special prosecutor, Dan Webb, said Thursday he "respectfully" disagreed with the high court overturning that conviction, but noted the justices did not declare Smollett innocent.

The Supreme Court is "aware" that "many people were dissatisfied with the resolution of the original case and believed it to be unjust," Justice Elizabeth Rochford said in the 5-0 decision, but "what would be more unjust" is the Smollett conviction setting a precedent that "the state was not bound to honor agreements upon which people have detrimentally relied."

What next?

Foxx, who did not seek a third term, will be replaced on Dec. 2 by her elected successor, Eileen O'Neill Burke. Smollett, 42, is still acting.

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.