Smollett walked out of jail at 8 p.m. Wednesday, less than a week after being sentenced to 150 days for staging a hate crime against himself.
On Thursday of last week, Cook County Criminal Court Judge James Linn sentenced Smollett to 30 months' probation for fabricating a racist, homophobic hate crime against himself. Linn ordered that Smollett spend the first 150 days, or about five months, of that probation in jail. By statute, Smollett would have received a day's credit for each day he served, and thus would only have served a total of 75 days.
After Smollett left the jail, his attorneys they were elated at the appellate ruling – but argued that Smollett's second indictment, conviction, and sentence amounted to unconstitutional double jeopardy. Cook County prosecutors dropped the original 16 disorderly conduct charges against Smollett in March 2019, just over a month after Chicago police had accused him of orchestrating a hoax. The charges were dropped after Foxx forfeited the $10,000 bail he had posted after his arrest. He also had performed 16 hours of community service with the Rainbow PUSH Coalition.
Smollett's attorneys also said their client had been subjected to"character assassination" and should never have been tried in the court of public opinion.Uche also said Smollett did not eat for any of the six days he was in jail – only drinking ice water and ingesting nothing else. The sheriff's office said Smollett is not in solitary confinement and that has not been used for any inmate since 2016. He is currently in his own cell, which is monitored by security cameras and by an officer with a body camera.that he has been the target of"vicious threats in social media forums," which they said"reflects the hatred and wish for physical harm towards Smollett which he may experience during incarceration.
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