Jussie Smollett’s hate crime hoax case has taken yet another sharp and surprising turn.
The Illinois Supreme Court overturned the Empire actor’s conviction on charges that he staged a homophobic and racist attack against himself outside a Subway restaurant in Chicago in 2019 and then lied to police about it.
The court determined that Smollett should not have been charged a second time for the same incident after the initial charges against him were dismissed in an agreement with Cook County prosecutors.
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“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 ruling stated. “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 ruling did not address the validity of Smollett’s claim of innocence, according to the Associated Press. It did cite Bill Cosby’s case, referring to it as one that the public also had “strong interest in” and involved “enforcing a prosecutorial promise not to prosecute.”
Smollett, who’s Black and gay, claimed two men yelled homophobic and racial slurs, splashed him with bleach, put a rope around his neck and assaulted him on a city street. He claimed one said, “This is MAGA country.” There was a high-profile search for the suspects, with two brothers, Abimbola “Bola” and Olabinjo “Ola” Osundairo, being detained. Prosecutors later claimed that Smollett staged the attack, paying the Osundairos, who were acquaintances of the actor.
Smollett was in prison at one point, but six days into a 150-day sentence in 2022, he was released pending his appeal, which was filed in 2023, in the bizarre five-year legal saga. Here are the memorable twists and turns…
Timeline of Smollett’s case
Jan. 22, 2019: Smollett received a racist and homophobic threatening letter at the Chicago studio where Empire taped. On the show, he played gay musician Jamal Lyon.
Jan. 29, 2019: Smollett reported to police that he was the victim of a racist and homophobic attack at 2 a.m. while he was out picking up food in sub-zero Chicago weather. He was photographed still wearing the noose he alleged the attacker put on him. He received widespread public support for the alleged hate crime.
Feb. 13, 2019: Chicago police took the Osundairos into custody upon their return from a trip to Nigeria and searched their apartment. It was determined that the brothers knew Smollett, and they were released.
Feb. 15, 2019: As doubts were raised about his story, Smollett gave an interview to Robin Roberts on Good Morning America. He said he was heartbroken that there was skepticism over his story. Roberts later said there were “red flags” during their sit-down.
Feb. 16, 2019: Police announced their investigation, on which they spent more than $130,000, had “shifted” and they wanted another interview with Smollett.
Feb. 20, 2019: After Cook County State’s Attorney Kim Foxx recused herself from the investigation, prosecutors charged Smollett with disorderly conduct and filing a false police report. A Chicago Police spokesperson said Smollett staged the attack because he was unhappy with his salary on Empire and thought publicity would boost his contract negotiations. They claimed they had a $3,500 check Smollett used to pay the Osundairos, who he knew. They obtained surveillance video showing the brothers buying masks and rope as well as video of Smollett with the brothers doing what they claimed was a dry run of the attack two days prior.
Feb. 21, 2019: Smollett was booked and was bailed out.
March 7, 2019: A Cook County grand jury returned a 16-count indictment charging Smollett with felony disorderly conduct.
March 26, 2019: The charges against Smollett, who was written off Empire, were abruptly dropped. Prosecutors — who gave no detailed explanation for why they abandoned the case — said they still believe Smollett faked the assault. Smollett, who maintained his innocence, agreed to let the city keep his $10,000 bail and completed 16 hours of community service. He was not made to apologize, fueling public ire over his case, including by Chicago’s mayor and police department.
April 11, 2019: Smollett was sued by the city of Chicago to collect the money spent on the investigation.
Aug. 23, 2019: A special prosecutor, Daniel K. Webb, was appointed to investigate why prosecutors abruptly dropped the charges against Smollett.
Nov. 19, 2019: Smollett sued the city of Chicago for “humiliation” and “emotional distress.”
Feb. 11, 2020: A grand jury returned a new six-count indictment against the actor.
Feb. 24, 2020: Smollett appeared in court and pleaded not guilty to the new charges of disorderly conduct and was released.
June 12, 2020: Smollett tried to get the case dismissed, citing double jeopardy, but a judge ruled against him.
Nov. 29, 2021: Smollet’s trial began. During it, the Osundario brothers testified against him, and Smollett testified in his own defense.
Dec. 9, 2021: He was found guilty on five out of six counts of disorderly conduct for lying to police.
March 10, 2022: Smollett was sentenced to 150 days in jail and ordered to pay back $120,106 to the city of Chicago and pay a $25,000 fine. At sentencing, his lawyers read letters of support from Alfre Woodard and Samuel L. Jackson, among others. Smollett was dramatically taken into custody as he yelled, “I am not suicidal.”
March 16, 2022: He was released from jail after just six days pending his appeal.
March 2, 2023: Smollett’s legal team filed his appeal. They argued that the trial judge — who scolded Smollett for 30 minutes during the sentencing, calling him “profoundly arrogant,” “selfish” and a “narcissistic” — made errors, that the sentence was excessive and that Smollett’s second prosecution should have been barred under the “double jeopardy” principle. The appeal was supposed to be filed months earlier, but they had been granted five extensions.
Oct. 19, 2023: Still out of jail pending appeal, Smollett began outpatient rehab to work through his “extremely difficult past few years.”
March 13, 2024: The Osundairo brothers gave their first interview in Fox Nation’s five-part docuseries Jussie Smollett: Anatomy of a Hoax. They claimed Bola — an Empire extra — became friends with Smollett. They went to clubs and a gay bathhouse together, watched TV at Smollett’s apartment and Bola would help train Smollett as well as procure things for the star, including marijuana. Bola claimed Smollett asked him to fake beat him up and yell slurs at him in a plan Smollett outlined step by step. He agreed because he felt “indebted” to Smollett for getting him screen time on Empire. The brothers said they were to be paid $3,500 and an extra $500 later.
Sept. 17, 2024: The Illinois Supreme Court heard arguments for Smollett’s appeal.
Sept. 28, 2024: Smollett, who has continued to work and directed the 2021 film B-Boy Blues, gave a rare interview to People, maintaining his innocence and saying, “I was numb” and thought there was “no way” the public would believe “a stupid rumor” created by “haters” that he staged the attack. While he waited for his appeal, he said he would not dwell on the past. “I have to move forward,” he said. “I must.”
Nov. 21, 2024: Illinois’s highest court ruled that Smollett’s rights were violated when the special prosecutor pursued charges because the Cook County state’s attorney had previously dropped them. His case was overturned.