CHICAGO (AP) — Jussie Smollett was released from jail Wednesday by an appeals court that agreed with his lawyers that he should be released pending an appeal against his conviction for lying to Chicago police about a racist and homophobic attack.
The decision comes after a Cook County judge sentenced Smollett to an immediate 150 days in prison last week for his conviction on five counts of disorderly conduct for lying to police. His lawyers have scheduled a press conference on his expected release on Wednesday evening.
In a rush immediately after the sentencing, the former star of the television show Empire pleaded not guilty and stated: “I am not a suicide. And if something happens to me when I go in there, I won’t do it to myself. And you should all know this.
The appeals court, in a 2-1 decision, said Smollett could be released after posting a $150,000 personal bond, meaning he doesn’t have to post money but agrees to appear in court as needed.
Smollett’s lawyers argued that he would have served his sentence by the time the appeal process was completed and that Smollett could be in danger of physical harm if he remained locked up in the Cook County Jail.
The Office of the Special Counsel, in response to the motion, called the claim that Smollett’s health and safety was at risk “factually incorrect”, noting that Smollett was being held in prison. Smollett was kept in his own cell, monitored by security cameras and an officer, the Cook County Sheriff’s Office said after he began serving his sentence last week.
Deputy Special Counsel Sean Wieber also questioned the idea of Smollett being released because his sentence would be served pending an appeals court decision, saying that by that logic, anyone facing a sentence of less than a few years would be able to remain free.
“It simply is not and cannot be the rule,” Wieber wrote.
The court ruling marks the latest chapter in a strange story that began in January 2019 when Smollett, who is black and gay, told Chicago police he was the victim of a racist and homophobic attack by two men wearing ski masks. He reported that the men attacked him as he walked outside his home in downtown Chicago to eat. According to Smollett, one of the men put a noose around his neck.
The search for the attackers soon turned into an investigation into Smollett himself and his arrest on charges that he orchestrated the attack and lied about it to the police.
The investigation revealed that Smollett paid off two people he knew from his work on Empire to stage the attack.
In December, a jury found Smollett guilty of five counts of disorderly conduct, a charge made when a person lies to police. He was acquitted on the sixth count.
Last week Judge James Lynn sentenced Smollett to 150 days in jail, but with good behavior he could have been released in just 75 days. Smollett maintained his innocence during his trial.
Appellate Court Judges Thomas Hoffman and Joy Cunningham signed an order freeing Smollett, noting that he had been convicted of non-violent crimes. Judge Maureen Connors disagreed.
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Read the full AP report on the Jussie Smollett case.