An appeals court ruling Wednesday said Smollett “should be released from custody … upon posting $150,000 in personal bail (I Bond).”
Personal bail in Illinois means that the person is released on the condition that they attend all required future court proceedings, usually without paying any money.
Last week, Smollett’s defense filed an emergency motion, arguing that he would be “irreparably harmed” if he served his sentences for overturned convictions, adding that he would likely serve his prison sentence pending the completion of his appeal.
Lawyers added that exposure to Covid-19 poses a serious risk as Smollett’s immune system is weakened.
The court granted the lawyers’ motion to delay sentencing and grant him bail until a decision is made on their appeal against his conviction, reasoning that it “will not be able to order an immediate appeal before the defendant has served his entire term.” deprivation of liberty. .”
In its response, filed on Wednesday, prosecutors strongly disagreed with the defense’s argument, arguing that “there is no emergency that calls for extraordinary relief” of Smollett’s stay of sentencing while his appeal is pending.
“Mr Smollett argues that he is eligible for a stay because he will most likely serve his short 150-day prison sentence before a decision is made on his appeal on the merits,” reads part of the response. “According to this logic, every defendant sentenced to less than a few years in prison will automatically receive a reprieve until an appeal is heard.”
Last week, Smollett had a row in court.
In December, Smollett was convicted on five counts of disorderly conduct for making false reports about what he said was a gay and black hate crime. him one January night in 2019, yelling racist and homophobic slurs at him, dousing him with bleach and tying a noose around his neck. But investigators said they determined the actor orchestrated the attack and paid two brothers he knew from the Fox drama series to stage the act for publicity.
Smollett maintained his innocence under oath during his trial.
But during last week’s sentencing, Cook County Judge James Lynn told Smollett, “You are not a victim of a racially motivated hate crime, you are not a victim of a homophobic crime. You are just a charlatan pretending to be a victim. hate crimes.”
The judge spoke for over half an hour during the trial, telling the actor that while many people vouched for Smollett and his character and asked the judge for a lenient sentence, Smollett’s intent in the act he orchestrated was an “aggravating factor” in the case. case.
“You do have real community service experience,” the judge said Thursday. “I remember the pleas for mercy, especially from the people who are in the arena.” But in the end, according to the judge, this act showed the “dark side” of Smollett.
After the verdict was announced, Smollett addressed the judge, saying, “I didn’t do it,” before turning to the court and exclaiming that he was not suicidal, and that “if anything happens to me when I go in there, I won’t do it to yourself. And you should all know this.
The judge ordered Smollett’s detention “at the request of Mr. Smollett and the recommendation of this court,” CNN previously reported.
On Friday, the actor was placed “into his own cell, which is monitored by the cell’s security cameras and an officer with a body camera who is at the cell’s entrance to ensure that Mr. Smollett is under direct observation.” constant surveillance,” the Cook County Sheriff’s Office said, emphasizing that the actor was not held in solitary confinement.