NOT PROSECUTE TODAY AGREEMENT

 The Illinois Supreme Court reversed the conviction of Jussie Smollett of filing a false police report. Prior to the successful prosecution that made headlines, the State and Defense had reached an agreement not to prosecute Mr. Smollett. In exchange Mr. Smollett had forfeited a $10,000.00 bond. 

Mr. Smollett had made an allegation that he had been attacked by two masked men who poured bleach on him and put a rope around his neck. The accusations had significant racist overtones. The police investigated and ended up believing that Smollett had manufactured the story- made it up. The Cook County (motto :"One vote per person, dead or alive") State Attorneys Office filed charges and then reached an agreement to drop them. 

Then a retired judge (it is always a judge causing a problem isn't it?) petitioned the court to assign a special prosecutor and Dan K Webb, who had previously been a special counsel in the Iran-Contra contretemps, took over the case, filed charges, and obtained a conviction after a trial. 

The Illinois Supreme Court held that a deal is a deal is a deal: Justice Rochford wrote that it "defies credulity" to believe that Smollett entered into a deal in which he forfeited $10,000.00 under the belief that he could later be charged.  The State argued at oral argument that- and we are not making this up- that Smollett's deal was only for him not to be prosecuted that day of the agreement - or as the lawyer said "a not prosecute today agreement".  Really. And they said it with a straight face. 

 The Illinois Supreme Court didn't buy it. 

Moral of the story- deals matter. A lawyer's word (other than from certain lawyers at the Dade State Attorneys Office) matters. 

Case reversed with directions to discharge the defendant. 

People v. Smollett, 2024 IL 130431 by Anonymous PbHV4H on Scribd