Jussie Smollett Conviction Reversed by Illinois Court After ‘Double Jeopardy’ Claim

The Supreme Court of Illinois reversed the conviction of actor Jussie Smollett as a result of a “due process” violation.

The opinion was filed on November 21, 2024.

“Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants. Specifically, we address whether a dismissal of a case by nolle prosequi allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain,” the court wrote. “We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s
conviction.”

The conviction stemmed from accusations that Smollett “falsely reported to Chicago police officers that he had been the victim of a hate crime,” the decision says, noting that, on March 8, 2019, a grand jury “returned a 16-count indictment charging
defendant, Jussie Smollett, with felony disorderly conduct.”

The “Empire” actor had told police that two men in MAGA hats jumped him in Chicago and subjected him to racial slurs.

Jussie Smollett Moved to Dismiss the Case on ‘Double Jeopardy Grounds’ After a Special Prosecutor Was Appointed

According to the decision, after the grand jury indictment in 2019, a prosecutor made a motion to drop the case in light of Smollett’s “volunteer service in the community and agreement to forfeit his bond to the City of Chicago . . . We
believe this outcome is a just disposition and appropriate resolution to this case.” The court granted the motion.

On April 5, 2019, “a retired appellate court justice filed a pro se motion to appoint a special prosecutor in the matter of People of the State of Illinois v. Jussie Smollett. The motion raised questions about the resolution of the charges and the
manner in which the Cook County State’s Attorney, Kim Foxx, had recused herself,” the decision says.

“Following the Office of the Special Prosecutor’s (OSP) investigation, a special grand jury indicted defendant on six counts of felony disorderly conduct,” it reads. The special prosecution determined that “further prosecution of defendant was in the interests of justice for several reasons,” including “the extensive nature of the false police reports and the resources
expended by the Chicago Police Department to investigate them,” as well as the special prosecutor’s believe that the case was handled differently than other cases.

According to the decision, Smollett “moved to dismiss the new indictment on double jeopardy grounds. He also moved to dismiss on the basis that the appointment of the special prosecutor was invalid.” A trial court denied his motions.

“Defendant asserted that he had been duped by the State because it reindicted him after he had forfeited a substantial bond to the City of Chicago in exchange for getting the charges dismissed,” the decision says. “Following a jury trial, defendant was convicted of five counts of felony disorderly conduct. The trial court sentenced him to 30 months’ probation, with the
first 150 days to be served in the Cook County Jail. The court also ordered him to pay a $25,000 fine and $120,106 in restitution to the City of Chicago.”

The Supreme Court Acknowledged That It Was Aware That the Case ‘Has Generated Significant Public Interest’

In the decision, the court acknowledged the unusual nature of the case.

“We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust,” the court wrote.

“Nevertheless, what would be more unjust than the resolution of any one criminal case would be a holding from this court that the State was not bound to honor agreements upon which people have detrimentally relied,” the decision says.

The court cited a recent decision by the Supreme Court of Pennsylvania, which read, ““It cannot be gainsaid that society holds a strong interest in the prosecution of crimes. It is also true that no such interest, however important, ever can eclipse
society’s interest in ensuring that the constitutional rights of the people are vindicated. Society’s interest in prosecution does not displace the remedy due to constitutionally aggrieved persons.”

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