Actor Jussie Smollett leaves Leighton Criminal Courthouse after his court appearance in Chicago on March 14, 2019. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama "Empire." (Photo by Nuccio DiNuzzo/Getty Images)
Actor Jussie Smollett leaves Leighton Criminal Courthouse after his court appearance in Chicago on March 14, 2019. Smollett stands accused of arranging a homophobic, racist attack against himself in an attempt to raise his profile because he was dissatisfied with his salary on the Fox television drama "Empire." (Photo by Nuccio DiNuzzo/Getty Images)

The Illinois Supreme Court on Thursday overturned actor Jussie Smollett’s conviction on charges that he staged a racist and homophobic assault against himself, ruling that his second prosecution for filing a false police report violated his constitutional rights.

The court determined that Smollett was unjustly prosecuted after an earlier agreement with state prosecutors had resolved the charges.

鈥淲e hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse [the] defendant鈥檚 conviction,鈥 Justice Elizabeth M. Rochford wrote in the ruling.

In January 2019, Smollett, who achieved widespread recognition portraying Jamal Lyon, an openly gay character on the hit TV series 鈥淓mpire,鈥 reported being the victim of a racist and homophobic attack in downtown Chicago, where the show was filmed.

He claimed two men physically assaulted him while shouting slurs and declaring, 鈥淭his is MAGA country.鈥

The report initially drew national attention and widespread condemnation of hate crimes.

Authorities later accused Smollett of orchestrating the attack, alleging he recruited two brothers, Abimbola and Olabinjo Osundairo, to stage the incident. He was charged with felony disorderly conduct for filing a false police report.

鈥淟et me start by saying that I鈥檓 OK. My body is strong but my soul is stronger,鈥 Smollett said in a February 2019 statement. 鈥淚 am working with authorities and have been 100%  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.鈥

In a 2019 resolution, prosecutors dropped the charges after Smollett forfeited his $10,000 bond and completed community service. However, public backlash led to appointing a special prosecutor who revived the case.

Smollett was later convicted on five counts of felony disorderly conduct in 2021, based largely on testimony from the Osundairo brothers, who said Smollett planned and directed the staged assault. He was sentenced to five months in jail in 2022, but served just six days before being released pending appeal.

On Nov. 21, the Illinois Supreme Court ruled 4-2 in Smollett鈥檚 favor, citing violations of his due process rights.

Nenye Uche, Smollett鈥檚 attorney, welcomed the ruling.

鈥淲e are thankful to the Illinois Supreme Court for restoring order to Illinois鈥 criminal law jurisprudence,” Uche said. “This decision is a victory for justice and due process.鈥

Smollett鈥檚 acting career began in childhood, with early roles in films such as 鈥淭he Mighty Ducks鈥 (1992) and 鈥淣orth鈥 (1994). In the mid-1990s, he co-starred with his siblings on the sitcom 鈥淥n Our Own.鈥

After a hiatus, Smollett returned to the spotlight as a musician, releasing the EP 鈥淧oisoned Hearts Club鈥 in 2012, and as an actor in the independent film 鈥淭he Skinny.鈥

In 2015, Smollett achieved widespread recognition for portraying Jamal Lyon on the hit TV series 鈥淓mpire.鈥 Jamal became a groundbreaking character for LGBTQ+ representation on television.

Smollett also contributed original music to the show鈥檚 soundtrack, which became a commercial success. His performance earned him critical acclaim and a recording contract with Columbia Records.

While his legal troubles resulted in Jamal being written out of 鈥淓mpire鈥 during its final season, Smollett鈥檚 contributions to the show remained significant. His attorneys hope he can now rekindle his career.

鈥淭his case has always been about protecting constitutional rights,鈥 Uche said. 鈥淭oday, justice has prevailed.鈥

Stacy M. Brown is a senior writer for The 最新麻豆影音视频 and the senior national correspondent for the Black Press of America. Stacy has more than 25 years of journalism experience and has authored...

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