Jussie Smollett was released from prison on Wednesday after six nights behind bars after an appeals court 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.
The former Empire The actor walked out of Cook County Jail surrounded by security guards. He did not comment on how he got into an impending SUV, but his lawyers said Smollett, who is black and gay, was the target of a racist justice system and people playing politics.
The appeals court ruling came after a Cook County judge sentenced Smollett last week to immediately begin serving 150 days in prison for lying his conviction on five counts of disorderly conduct to police.
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In an outburst immediately after the sentence was handed down, Smollett proclaimed his innocence and said “I’m not suicidal. And if something happened to me when I went there, I did not do it myself. And you must all know that. “
The appeals court said Smollett could be released after posting a $ 150,000 personal recognition bond, meaning he would not have to drop money, but would agree to appear in court as needed.
Smollett defense attorney Nenye Uche, speaking to reporters outside the prison after Smollett left, said the Smollett family “is very, very pleased with today’s developments.” Uche said during his time in prison, Smollett had not only eaten and drank water, though he did not say why.
He criticized the special prosecutor’s decision to prosecute Smollett once again after Cook County State Attorney Kim Foxx’s initial charges were dropped and he was fined. He also called Judge James Linn’s sentence excessive for a low-level crime, adding that the appellate court did not “play politics.”
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“The real question is: Should black men go to jail for a Class 4 crime? Shame on you if you think they should,” Uche said.
Special Prosecutor Dan Webb recommended that Smollett serve “an appropriate amount of prison time” during the sentencing.
“His behavior has denigrated hate crimes,” Webb said after the hearing. “His conduct will discourage others who are victims of hate crimes from coming forward and reporting these crimes to law enforcement.”
Smollett’s lawyers had argued that he would have completed the sentence once the appeal process was completed and that Smollett could be in danger of bodily harm if he remained incarcerated in Cook County Jail.
The special prosecutor’s office called the claim that Smollett’s health and safety was in danger “actually wrong”, in response to his motion, noting that Smollett had been detained in prison and detention centers.
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The court’s decision marks the final chapter in a bizarre story that began in January 2019 when Smollett reported to Chicago police that he was the victim of a racist and homophobic attack by two men wearing ski masks. The hunt for the attackers quickly turned into an investigation by Smollett himself and his arrest into allegations that he orchestrated the attack and lied to police about it.
Authorities say Smollett hired two men he knew from work on television. Empire to stage the attack. Prosecutors said he told them like a racist and homophobic locksmith to call, and to shout that Smollett was in “MAGA Country,” a reference to the campaign slogan of Donald Trump’s presidential campaign.
A jury sentenced Smollett in December to five counts of disorderly conduct – the charge is dropped when a person lies to police. He was acquitted on a sixth charge. Judge James Linn sentenced Smollett to 150 days in prison last week – with good behavior he would have been released in as little as 75 days.
Smollett maintained his innocence during the trial. In the verdict, he shouted at the judge that he was innocent, warned the judge that he was not suicidal and if he died in prison, it was someone else, and not he, who had taken his life.
Uche said the first thing Smollett did when he learned the news was put his hands on the glass between them and said he almost lost hope in the U.S. constitutional system. “I think he almost gave up,” Uche said.
He said the next step would be to make an appeal of the verdict.
© 2022 The Canadian Press
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