Jussie Smollett's attorney says actor was 'harmed substantially' by conviction

Jussie Smollett's attorney said the actor was "harmed substantially" after he was found guilty of lying about a 2019 hate crime in an interview with "GMA3" following the overturning of his conviction.

The Illinois Supreme Court threw out the former "Empire" actor's conviction in a decision on Thursday after concluding that the state's prosecution was unfair due to an agreement that initially dropped the charges.

Smollett was first indicted on 16 felony counts of disorderly conduct for filing a false police report, though Cook County State's Attorney Kim Foxx agreed to drop the charges if he paid $10,000 and did community service. A special prosecutor later charged him again, leading to his trial and conviction.

In its decision on Thursday, the court found that the state could not bring a second prosecution against Smollett after the initial charges were dismissed, and that reneging on the agreement "would be arbitrary, unreasonable, fundamentally unfair, and a violation of the defendant's due process rights."

Tina Glandian, Smollett's attorney, told "GMA3" on Friday that they have been fighting the second prosecution from the start as "completely illegal."

"It violates numerous constitutional provisions," she said. "We've raised this numerous, numerous times before, various courts. And finally yesterday, the Supreme Court of Illinois agreed with us and said the second prosecution was barred because there was an agreement in place and the state is bound to honor its word."

The case began after the openly gay actor told police he was attacked by two men while walking on a street near his Chicago apartment early on Jan. 29, 2019. The attackers allegedly shouted racist and homophobic slurs before hitting him, pouring "an unknown chemical substance" on him and wrapping a rope around his neck.

Chicago police said Smollett's story of being the victim of an attack began to unravel when investigators tracked down two men, brothers Abimbola and Olabinjo Osundairo, who they said were seen in a security video near where Smollett claimed he was assaulted and around the same time it supposedly occurred. The Osundairo brothers told police the actor paid them $3,500 to help him orchestrate and stage the crime.

A jury convicted Smollett in December 2021 on five of six felony counts of disorderly conduct stemming from filing a false police report and lying to police, who spent more than $130,000 investigating his allegations.

Dan Webb, who was appointed by a Cook County judge to continue looking into the case after the Cook County State's Attorney's Office initially dropped all charges against the actor, said he was "disappointed" in the court's decision and noted that the ruling "has nothing to do with Mr. Smollett's innocence."

"The Illinois Supreme Court did not find any error with the overwhelming evidence presented at trial that Mr. Smollett orchestrated a fake hate crime and reported it to the Chicago Police Department as a real hate crime, or the jury's unanimous verdict that Mr. Smollett was guilty of five counts of felony disorderly conduct," he said in a statement.

Glandian said Smollett continues to maintain his innocence and has "vehemently denied" any participation in a hoax.

"We do believe he didn't get a fair trial, that the jury didn't hear all the evidence that should have [been] heard, that things were improperly excluded, that the jury panel was not properly put together," she said. "The Supreme Court yesterday didn't get to that issue. They said legally this was invalid. It violated his due process and they, based on that, threw out the conviction. But we still maintain that he didn't receive a fair trial."

In the wake of the case, she said Smollett has been releasing music and "continued to do what he does best."

"I think hopefully, obviously this can only help matters because he was harmed substantially after everything that happened, and of course, the convictions and the sentence that was imposed," she said.

Webb said that despite the Illinois Supreme Court's decision, the city of Chicago is still able to pursue its pending civil lawsuit against Smollett in order to recoup the investigation costs.

Glandian said she hopes the city "does the right thing" and dismisses that case.

"He's incurred substantial legal fees. He spent six days in jail, all of which now has been said by the highest court in Illinois was completely unconstitutional," Glandian said. "So for the city now to further proceed, we'll see what they do. But hopefully they dismiss that case immediately."