The Illinois Supreme Court has agreed to hear an appeal from actor Jussie Smollett, more than two years after he was convicted for staging an elaborate, hate crime hoax against himself.
The decision comes after the former “Empire” actor filed a petition last month for his conviction to be overturned. The state’s high court will review a state appellate court ruling that upheld his 2021 conviction.
The openly gay, black actor was convicted by a Cook County jury on five of six charges of disorderly conduct following a two-week trial.
The high-profile case started in January 2019 when Mr. Smollett told authorities that he was the victim of a hate crime attack by two men wearing ski masks in the early morning hours in Chicago’s Streeterville neighborhood. He claimed that the men shouted racial and homophobic slurs, poured bleach on him, and even wrapped a rope around his neck.
The incident was initially investigated as a possible hate crime, but police started to explore the possibility that he planned the hate crime himself.
Two brothers, Abimbola and Olabinjo Osundairo, later came forward and admitted that the actor paid them $3,500 to stage the attack. The pair testified that the actor said he had a “crazy idea of having two MAGA supporters attack him.” This referenced the “Make America Great Again” campaign slogan of then-President Donald Trump.
Mr. Smollett long maintained his innocence. During his trial, he testified that “there was no hoax.”
Following his conviction, the actor was sentenced to 150 days in jail. He was also sentenced to 30 months felony probation, $120,106 restitution to the city of Chicago, and a $25,000 fine. He spent just six days in jail while his appeal was pending.
The conviction followed a back-and-forth legal saga that, at one point, included the charges being dropped. In March 2019, Cook County State’s Attorney Kim Foxx dismissed the charges in exchange for the defendant forfeiting a $10,000 bond and community service in what she called an “alternative prosecution.”
The state’s attorney said the move wasn’t unusual and that there were 5,700 such cases in just two years.
But the unexpected decision prompted widespread outrage. Local leaders at the time criticized the move, including Mayor Rahm Emanuel.
“This is a whitewash of justice. This is a person who has been let off scot-free with no sense of the accountability of the moral and ethical wrong of his actions,” the then-mayor said.
Eventually, Mr. Smollett faced fresh prosecution after a special prosecutor was appointed in 2020 and refiled charges.
The high-profile case triggered national attention as many supporters initially rallied behind the actor in light of the attack. Fellow actors, celebrities, and lawmakers publicly rallied behind him and even started the social media hashtag “Justice for Jussie.”
The hate crime hoax ultimately ended the actor’s stint on the musical drama series “Empire.” The producers announced shortly after he was arrested that he would not appear in the final two episodes of the season.
The Illinois Supreme Court has not yet set a date to hear arguments for his appeal.
