CHICAGO (AP) — Jussie Smollett was released from a Chicago prison after serving six days and has gone through months, if not years, in limbo – from what will happen next with his career as an actor and performer, to whether he will eventually return behind bars. .
The former Empire star was sentenced last week to 150 days in jail plus probation and a fine after a jury found him guilty of lying to police that he was the victim of an anti-gay racist attack in downtown Chicago in 2019. His The release late Wednesday night came just hours after an appeals court ruled he could be released during an appeal process that would not be completed before Smollett had served his full term.
Smollett, black and gay, maintained his innocence. He did not speak to reporters as he was escorted out of the Cook County Jail surrounded by security, and his lawyers did not say where the 39-year-old might be heading or what he plans to do next.
Under the terms of the sentence, handed down by Cook County Judge James Lynn, Smollett now has to serve 30 months’ probation, though he can leave the state and travel freely. That means he could head to places like Los Angeles and New York to try and resurrect his career.
But it will be difficult to do so, publicists say, and recent events may not have been in his favor.
“I think he’s actually doing more harm than good” in contesting the conviction and sentence, publicist Eric Rose said. People can be very lenient towards celebrities who admit wrongdoing and apologize, he says, but instead Smollett keeps his name and face in the headlines, reminding people of the circumstances of his conviction.
Wild moment: After being sentenced to 150 days in jail, Jussie Smollett maintains his innocence and reiterates that he is not suicidal.
“I am not suicidal. I am innocent and not suicidal… if something happens to me when I go in there, I didn’t do it myself.” pic.twitter.com/AndsLcINKL
— Recalculation (@therecount) March 11, 2022
“This is what we call “death by 1,000 cuts,” Rose said. “From a reputation standpoint, it’s terrible.”
During the trial, Smollett testified that “I lost my livelihood” because of the allegations against him, including losing my role in Empire. He has since worked behind the scenes, writing, directing and producing B-Boy Blues, which recently won Favorite Fan Narrative at the Black Film Festival of America.
While work in front of the camera can be hard to come by, Smollett could get opportunities to work behind the scenes, especially because he has a sister and other family members who have made successful careers in the industry, fellow publicist Danny Derani said.
“Anything is possible,” he said.
Smollett, who was convicted of five counts of disorderly conduct for disorderly conduct and acquitted of the sixth count, also remains in limbo, and the prospect of him returning to prison to serve the remainder of his sentence is a very real possibility.
Actor Jussie Smollett (center) leaves the Cook County Jail on Wednesday, March 16, 2022. (AP Photo/Charles Rex Arbogast)
In January 2019, Smollett told Chicago police that he was attacked by two men while walking outside his home around 2 a.m. Again” is a campaign slogan that some Trump critics call racist and discriminatory.
The claims quickly gained national attention and Trump spoke out, with Chicago police saying they were working around the clock to investigate before determining the attack was a prank staged by Smollett to get public attention. At trial, prosecutors produced a check they said Smollett wrote to two brothers who worked with him on the Empire set as payment for staging the attack.
Smollett was charged with disorderly conduct, but Cook County State Attorney Kim Fox later dropped the case. A special prosecutor was then appointed and Smollett was charged again.
After leaving prison on Wednesday night, Smollett’s defense lawyers said it was against his constitutional rights to file charges a second time. They also said that Smollett was the target of a racist justice system and people playing politics.
The appeal process will almost certainly take months, if not years, with multiple deadlines, deadline extensions, new deadlines, and other extensions.
For example, now that Smollett’s lawyers have filed a notice that they intend to appeal, they must send documents, transcripts, and other documents created in the case to the court.
“They have 49 days…,” said Stephen Comey, a Chicago-based appeals attorney with extensive experience in appeals, adding that it is common to extend that by two or three 49-day stretches.
Comey explained that once that was done, Smollett’s attorneys would have 35 days to file their brief, but they could extend that time up to four times. Then, when the turn of the prosecutor’s office comes, the court will give them as many as four delays for 35 days.
“If things go fast, they could have oral arguments around the same time next year,” he said. “But if things go at a normal pace, you will call me in the summer of 2023 to talk about oral arguments.”
Then they may have to wait a couple of months or more for a decision, and depending on how it goes, there may be appeals to the state supreme court and possibly the US Supreme Court.
Smollett also still owes $120,000 in damages and a $25,000 fine, although the Chicago Tribune says the money is not due for 30 months. Meanwhile, the city of Chicago is suing him for $130,000, which the city says was paid to police overtime for investigating Smollett’s report that he was attacked.