A 2019 decision by Cook County State’s Attorney Kim Foxx to drop charges against Jussie Smollett was cited by the Illinois Supreme Court as its reason for throwing out Smollett’s 2021 conviction.
Smollett became the focus of national attention in 2019 after he claimed he was set upon by attackers who pelted him with racist, homophobic slurs.
The story eventually fell apart. After Smollett was hit with 16 charges related to his false claims, Foxx dismissed them in exchange for a $10,000 fine and community service, as noted by ABC.
A special prosecutor was eventually appointed to examine Foxx’s work on the case and determine if new charges should be brought.
Prosecutor Dan Webb brought charges against Smollett in 2021, resulting in his conviction on five counts of disorderly conduct.
Kim Foxx should be serving time and paying the $130,000 in restitution after the court said Smollett’s initial deal is good enough. She’s the one who failed the people and protected this fraudster.https://t.co/VmJTBz7rQ7 pic.twitter.com/9dp6cWsqUu
— Jeanne Ives (@JeanneIves) November 21, 2024
However, Smollett appealed, and on Thursday emerged the winner after the Illinois Supreme Court tossed out the conviction, according to WGN-TV.
The ruling focused on the deal Foxx cut with Smollett.
Should Smollett have received harsher punishment?
“Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants,” the court ruling said.
“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 ruling said.
“We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction,” the ruling said.
The court ruling said while “many people” were unhappy that Smollett essentially went unpunished for all the fuss and furor he caused, it “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 detrimentally relied.”
Webb issued a statement critical of the ruling, according to WGN.
“We are disappointed in the Illinois Supreme Court’s decision today to overturn Jussie Smollett’s convictions and sentence, including the award of over $120,000 in restitution to the City of Chicago for its overtime expenses in investigating Mr. Smollett’s fake hate crime,” he said.
“We respectfully disagree with the Court’s factual and legal reasoning which upends long-standing Illinois precedent,” he wrote.
“Indeed, the special prosecutor’s brief to the Illinois Supreme Court was replete with Illinois case law that would not preclude a second, new prosecution following a dismissal without prejudice via nolle prosequi. Even the Illinois Supreme Court agreed in its opinion that its holding today was not explicit in earlier Illinois decisions.”
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