’s conviction has been overturned.
The Illinois Supreme Court ruled in favor of Smollett’s appeal on Thursday, November 21, according to the Associated Press.
“Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants,” wrote in the ruling. “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. We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse the defendant’s conviction.”
The Empire actor, 42, was previously found guilty of allegedly staging a racist and homophobic attack in 2019. Smollett, who is openly gay, had claimed that he was targeted by two men in Chicago. He was later accused of staging the incident and was arrested and charged with felony disorderly conduct for making a false police statement.
While the charges against Smollett were briefly dropped, a special prosecutor indicted the actor one year later and claimed that he knew “that he was not the victim of a crime.” Smollett, for his part, pleaded not guilty to the charges and has continued to maintain his innocence.
“Let me start by saying that I’m OK. My body is strong but my soul is stronger. More importantly, I want to say thank you,” Smollett said in a February 2019 statement. “The outpouring of love and support from my village has meant more than I will ever be able to truly put into words. I am working with authorities and have been 100 percent factual and consistent on every level. Despite my frustrations and deep concern with certain inaccuracies and misrepresentations that have been spread, I still believe that justice will be served.”
He added, “As my family stated, these types of cowardly attacks are happening to my sisters, brothers and non-gender-conforming siblings daily. I am not and should not be looked upon as an isolated incident. We will talk soon and I will address all details of this horrific incident, but I need a moment to process. Most importantly, during times of trauma, grief and pain, there is still a responsibility to lead with love. It’s all I know. And that can’t be kicked out of me.”
Smollett’s trial took place in December 2021 and he was convicted on five felony counts of disorderly conduct. He was sentenced to 150 days in jail, serving five days before his March 2022 release amid his appeal.
Smollett’s defense attorneys argued that the 2021 trial violated his Fifth Amendment protections against double jeopardy since the charges were initially dropped in 2019 ahead of the indictment.
