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Jussie Smollett’s homophobic hoax conviction overturned by Illinois Supreme Court

Jussie Smollett
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In 2021, a jury convicted Smollett on five counts of disorderly conduct.

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The Illinois Supreme Court has overturned Jussie Smollett’s conviction on charges of staging a hate crime and lying to police, bringing a new chapter to a case that had sparked intense national debate.

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Smollett, a Black gay actor best known for his role on Empire, claimed he was attacked in downtown Chicago in January 2019 by two men who used racist and homophobic slurs, poured bleach on him, and placed a noose around his neck. Police later accused him of orchestrating the incident, alleging he paid $3,500 to two brothers he knew from the Empire set to stage the attack. Prosecutors argued that Smollett’s motive was to gain public sympathy and attention after receiving hate mail on set.

In 2021, a jury convicted Smollett on five counts of disorderly conduct, and he was sentenced to 150 days in jail, 30 months of probation, and ordered to pay $130,000 in restitution for the cost of the police investigation. He served six days in jail before being released pending appeal.

The Illinois Supreme Court ruled that a special prosecutor should not have been appointed after the Cook County state’s attorney’s office initially dropped charges in 2019, the Associated Press reports. At that time, Smollett completed community service and forfeited a $10,000 bond in what his legal team called a resolution to the case. The court’s decision nullifies his conviction and restitution order.

The case has been a flashpoint for discussions about race, LGBTQ+ justice, and the role of the media in shaping public perception. Initially viewed as a victim of a hate crime, Smollett faced swift backlash when authorities accused him of fabricating the incident.

Smollett has consistently denied staging the attack, testifying during his trial that he was the victim of an actual hate crime. Jurors, however, found the testimony of siblings Abimbola and Olabinjo Osundairo, who claimed Smollett planned the hoax, more convincing.

Despite the overturned conviction, Smollett’s legal battles are not over. The city of Chicago is pursuing a civil suit seeking reimbursement for the resources spent investigating the case. The Osundairo brothers also sued Smollett’s legal team for defamation, alleging their reputations were harmed during the trial.

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Christopher Wiggins

Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support. In addition to his national and political reporting, Wiggins represents The Advocate in the White House Press Pool and is a member of several professional journalistic organizations, including the White House Correspondents’ Association, Association of LGBTQ+ Journalists, and Society of Professional Journalists. His involvement in these groups highlights his commitment to ethical journalism and excellence in the field. Follow him on X/Twitter @CWNewser (https://twitter.com/CWNewser) and Threads @CWNewserDC (https://www.threads.net/@cwnewserdc).
Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support. In addition to his national and political reporting, Wiggins represents The Advocate in the White House Press Pool and is a member of several professional journalistic organizations, including the White House Correspondents’ Association, Association of LGBTQ+ Journalists, and Society of Professional Journalists. His involvement in these groups highlights his commitment to ethical journalism and excellence in the field. Follow him on X/Twitter @CWNewser (https://twitter.com/CWNewser) and Threads @CWNewserDC (https://www.threads.net/@cwnewserdc).