Actor Jussie Smollett's conviction after staged racist attack on himself by court

Jussie Smollett had his conviction overturned. Credit: AP

American actor Jussie Smollett's conviction for faking a racist and homophobic attack in 2019 and lying to police has been overturned by a court.

The Illinois Supreme Court overturned Smollett’s conviction on Thursday, following his appeal in September claiming his rights were violated when a special prosecutor decided to retry him after initial charges against him were dropped.

Smollett, who is Black and gay, claimed two men wearing Donald Trump's MAGA hats assaulted him in downtown Chicago, hurling racial and homophobic slurs and putting a noose around his neck.

The allegation drew global attention and led to a massive search for suspects by Chicago police detectives.

Smollett listens as his sentence is read out. Credit: AP

Doubts about Smollett's claims grew after the two men, brothers Abel and Ola Osundairo, whom he accused of attacking him were found and interviewed by police.

A jury convicted him of five counts of disorderly conduct in 2021. Smollett has since maintained his innocence that “there was no hoax” and that he was the victim of a hate crime.

Smollett's lawyers argued the case should have ended when the Cook County State’s Attorney’s Office dropped 16 initial disorderly conduct charges after he completed community service and paid a $10,000 (£8,000) bond.

However, a grand jury restored charges after a special prosecutor took the case.

During that trial, testimony alleged that Smollett paid $3,500 to two men he knew from the TV drama Empire, which he starred in from 2015 to 2019, to stage the attack.

Prosecutors said he told them to use specific slurs and shout, “This is MAGA country,” referencing Trump’s 2016 campaign slogan.

Olabinjo Osundairo, left, and Abimbola Osundairo. Credit: AP

Prosecutors also claimed that the 42-year-old staged the attack due to being unhappy with the studio's response to hate mail he had received.

In December 2022, Smollett was then sentenced to 150 days in jail, he only served six before being released pending appeal.

Smollett was also given 30 months of probation and ordered to pay around $130,000 (£103,000) in restitution to the city of Chicago and a $25,000 (£20,000) fine.

After the sentencing, Smollett raised his fist and yelled: “I am innocent. I could have said I am guilty a long time ago.”

A state appeal court upheld his conviction, saying there was no promise he wouldn’t face a new prosecution after accepting the initial deal.

Smollett’s lawyers argue that he has been targeted by a racist and politicised justice system.

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