An appeals court has ordered that Jussie Smollett be released from jail during the appeal of his conviction on charges that he lied to police about a racist and homophobic attack.
for his conviction on five felony counts of disorderly conduct for lying to police. In an outburst immediately after the sentence was handed down, the former star of the TV show “Empire” proclaimed his innocence and said “I am not suicidal. And if anything happens to me when I go in there, I did not do it to myself. And you must all know that.
Smollett’s attorneys had argued that he would have completed the 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 Cook County Jail. The office of the special prosecutor called the claim “factually incorrect,” in a response to the motion.
The court’s decision marks the latest chapter in a strange story that began in January 2019 when Smollett, who is Black and gay, reported to Chicago police that he was the victim of a racist and homophobic attack by two men wearing ski masks. The manhunt for the attackers soon turned into an investigation of Smollett himself and his arrest on charges that he’d orchestrated the attack and lied to police about it.
The investigation revealed Smollett paid two men he knew from his work on “Empire” to stage the attack.A jury convicted Smollett in December on five felony counts of disorderly conduct — the charge filed when a person lies to police. He was acquitted on a sixth count. Judge James Linn sentenced Smollett last week to 150 days in jail, but with good behavior he could have been released in as little as 75 days. Smollett maintained his innocence during the trial.
Appellate Court Justices Thomas Hoffman and Joy Cunningham signed the order, while Justice Maureen Connors dissented.
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Appeals Court to Rule If Jussie Smollett Should Stay in JailThe former 'Empire' actor's attorneys want him released from jail while they appeal his conviction of lying to Chicago police about a racist and homophobic attack and the 150-day jail sentence a judge handed down
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Appeals court to rule if Jussie Smollett should stay in jailJussie Smollett's attorneys say they're planning to appeal nearly everything that went on in court over the last few months — from the actor's December conviction of lying to police to the 150-day sentence a judge imposed last week. Now, the issue of whether Smollett must sit in jail during these planned appeals is before a state appeals court and while the appeals could take months to resolve, the question of whether Smollett remains locked up will be resolved much quicker. The way Smollett's attorneys see it, such an order is justified because it's almost certain that Smollett would complete his 150-day jail sentence — which could shrink to 75 days if he behaves himself in jail — before the appeals on the conviction and sentence are decided.
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Jussie Smollett case: Appeals court to rule if the actor should stay in jailJussie Smollett’s attorneys say they’re planning to appeal nearly everything that went on in court over the last few months — from the actor’s December conviction of lying to police to the 150-day sentence a judge imposed last week. And they want the actor to be released from jail immediately rather than wait for the outcome.
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Court orders Jussie Smollett be released from jail on bond during appeal of convictionJUST IN: An appeals court has ordered that Jussie Smollett be released from jail during the appeal of his conviction on charges that he lied to police about a racist and homophobic attack.
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Jussie Smollett to be freed from jail pending appeal, court ordersNEW: Actor Jussie Smollett has been ordered released from jail after a court agreed to stay the sentence handed down by a judge last week, court documents show.
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Court orders Jussie Smollett release from jail during appealJussie Smollett was ordered released from jail Wednesday by an appeals court that agreed with his lawyers that he should be released pending the appeal of his conviction for lying to police about a racist and homophobic attack.
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