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Join Date: Jan 09, 2001
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https://www.nytimes.com/2024/11/21/a...verturned.html
The Illinois Supreme Court ruled today that the special prosecutor’s decision to retry the former Empire star over his alleged January 2019 hate crime hoax violated his rights. Smollett was retried after charges were dropped in March 2019 in a deal that included Smollett taking part in community service and forfeiting a $10,000 bond. “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,” read the court’s opinion. “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." In December 2021, the former Empire star was convicted of five felony counts of disorderly conduct for allegedly staging a hate crime against himself in January 2019. He sentenced to 150 days in county jail, plus 30 months of probation and $130,000 in restitution. The Illinois Supreme Court’s decision “was a stunning reversal in a case that has seen more than five years of twists and turns." says The New York Times' Julia Jacobs and Matt Stevens. "Mr. Smollett was initially regarded as the victim of an ugly hate crime, drawing widespread sympathy and outrage over an apparent attack on a Black and gay actor. But as the Chicago police investigated his report, they grew skeptical of his account, and Mr. Smollett went from victim to suspect to defendant and finally, to convict, when he was found guilty of staging the attack himself and filing a false report. That prompted another wave of outrage. The court’s decision to overturn the verdict — which rested on the way the case was prosecuted, and not on the underlying facts — may not change many minds in case that polarized the nation." In a statement, Smollett's attorney Neny Uche wrote: “This was not a prosecution based on facts, rather it was a vindictive persecution and such a proceeding has no place in our criminal justice system. Ultimately, we are pleased that the rule of law was the big winner today.” |
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