“While everyone was focused on the sensationalism surrounding this case, people were not focused on the constitutionality of the charge,” Uche said.
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Smollett’s initial charges were dropped almost a month after he was charged by Chicago police with running the hoax, but in August 2019 they were again taken over by a new prosecutor assigned to handle the case. Last December, Smollett was convicted on five counts of disorderly conduct. .
Known for his on-screen work on the television series Empire and his childhood role in The Mighty Ducks, Smollett, who is black and gay, said he was attacked by two masked men in January 2019. He said they shouted racist and homophobic slurs as he was beaten, doused with bleach and put a noose around his neck.
According to detectives, his story, however, quickly began to unravel. Accused of filing a false report with the police, he was initially charged with 16 charges of disorderly conduct.
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Last week, Cook County Judge James Lynn ordered the actor to pay the city of Chicago more than $120,000 in damages plus a $25,000 fine, as well as serve 30 months probation and 150 days in jail. Before sentencing, Lynn issued a scathing rebuke, accusing Smollett, who maintained his innocence, of “throwing a national pity party for himself.”
“You turned your life upside down with your misdeeds and shenanigans,” Lynn said. “You ruined your life as you knew it. You wanted attention and you were so passionate about social justice and you knew it was a sore spot for everyone in this country.”
Smollett’s time behind bars was short-lived.
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On Wednesday, the Illinois Court of Appeals ruled to stay Smollett’s prison term pending an appeal against his conviction. The actor was required to post a personal bond of $150,000, which means he doesn’t have to post any money, but instead agrees to appear in court as needed.
According to court documents, the order was issued because “the defendant was convicted of non-violent crimes” and the court “will not be able to consider an instant appeal before the defendant has served his full term in prison.”
Around 8 p.m., Smollett, wearing a black T-shirt and mask, walked out of the Cook County Jail surrounded by guards. As the cameras clicked and reporters yelled out questions, the actor silently got into the waiting gray van.
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Despite no response from Smollett, Uche said the actor was heartbroken when he learned he would be released. According to the lawyer, the first thing he did was push his hands into the glass between them… a sign of relief after Smollett “almost gave up” on the justice system.
“We are pleased that sensationalism and politics will be put aside and we will finally be able to have an intelligent discussion about our laws with our esteemed court of appeals,” Uche said in a statement to The Washington Post.