Court orders Jussie Smollett is RELEASED from jail during his appeal

By Janon Fisher and Jennifer Smith, Chief Reporter For Dailymail.Com Published: 22:43 GMT, 16 March 2022 | Updated: 01:13 GMT, 17 March 2022 Disgraced 'Empire' actor Jussie Smollett has been released

Court orders Jussie Smollett is RELEASED from jail during his appeal

Jussie Smollett stays silent as he LEAVES Chicago jail flanked by bodyguards just SIX DAYS after he was sentenced to 150 days for faking a hate crime after appeals panel said he should remain free during appeal

  • Disgraced 'Empire' actor Jussie Smollett was released from jail at 8pm local time on Wednesday after serving just six days of his 150-day sentence
  • Smollett did not say anything as he was whisked out the jail and directed into a waiting car, which sped off 
  • As he left the jail, Smollett hugged his legal team and bowed twice in a gesture of thanks to those awaiting him 
  • Judges sided with his lawyers who argued that he would be finished with his sentence before the appeals process was complete
  • Smollett will be released on Wednesday night after signing a 'personal recognizance bond' - a document confirming his identity - and paying $150,000 
  • He was sentenced to 150 days after being convicted of five felony counts of disorderly conduct for falsely reporting a racist and homophobic attack in 2019
  • Smollett could have served just 75 days with good behavior
  • He had been kept in psychiatric care in a 'restraint bed' in the Cook County Jail

Disgraced 'Empire' actor Jussie Smollett has been released from jail after just six days behind bars so he can appeal his conviction for faking a hate crime. 

Smollett did not speak as he left the Cook County Jail, and was flanked by bodyguards as he walked out and into a waiting SUV.

He was freed after he posts the required $150,000 personal recognizance bond. 

Smollett spent just two of his days with the general jail population, and four in a psychiatric unit over fears for his mental wellbeing.  

Judges ruled that he should go free while his lawyers work on the appeal of his conviction on five felony counts of lying to police about a racist and homophobic attack. He was jailed for 150 days. 

Jussie Smollett is seen being released from jail at 8pm on Wednesday night in Chicago

Jussie Smollett is seen being released from jail at 8pm on Wednesday night in Chicago

'The defendant has been convicted of non-violent offenses and that this court will be unable to dispose of the instant appeal before the defendant would have served his entire sentence of incarceration,' according to a ruling by appellate justices Thomas E. Hoffman and Joy Cunningham. 

'It is hereby ordered that the motion of the defendant, Jussie Smollett, to stay his sentence of incarceration and to grant him a bond pending the disposition of his appeal or until further order of this court is granted.'

A third judge, Maureen Connors, disagreed, writing, 'I dissent and would deny this motion.'

Smollett's lawyers had also argued in an emergency order that he was 'immunocompromised' and submitted a letter from a doctor saying the risk of Covid-19 should be factored in his release. 

It is unclear what disease he is suffering from that puts him at risk of complications should he contract the virus. 

Smollett in his booking photo on Thursday

Smollett in his booking photo on Thursday 

Judge Thomas E Hoffman
Judge Joy Cunningham
Judge Maureen Connors

A three person appellate panel agreed to release Smollett on Wednesday. Judge Thomas E Hoffman, left, and Judge Joy Cunnigham, center, said the actor should be released. Judge Maureen Connors, right, called for him to remain behind bars 

Special prosecutor Dan Webb had asked the panel to deny the release request, calling it illogical and saying the claims that Smollett's health was in jeopardy were 'factually incorrect.' 

'Rather than attempt to meet his burden of showing good cause for his immediate release, Mr. Smollett makes only cursory, woefully undeveloped arguments,' deputy special prosecutor Sean Wieber wrote.

Smollett, who has been serving his time in psychiatric care, was sentenced to 150 days behind bars.

Jussie Smollett will be released from jail after just six days behind bars

Jussie Smollett will be released from jail after just six days behind bars 

Jussie Smollett was sentenced to 150 days in jail last week (above) for orchestrating a fake racist attack against himself in 2019. He maintains his innocence and says he's being treated unfairly by the justice system

Jussie Smollett was sentenced to 150 days in jail last week (above) for orchestrating a fake racist attack against himself in 2019. He maintains his innocence and says he's being treated unfairly by the justice system

At the beginning of the week, his lawyers submitted an emergency motion in appellate court that included a note from a doctor. 

The physician said that Smollett has 'compromised immunity' and should be released because of the COVID-19 pandemic, though he didn't clarify what makes Smollett immunocompromised. 

On Tuesday, the fallen actor was moved out of the psych ward where he had been forced to sleep on a 'restraint bed' and into general population in the detention center. 

The actor's lawyers had argued to the panel of judges that his sentence would be fully served by the time the appeals process was completed.

Smollet's release is just another bizarre twist on a strange story of the former Empire actor found guilty of trying to raise his profile by fabricating a hate crime against himself.

In January 2019, Smollett, who is black and gay, told Chicago police that he was attacked by two men wearing ski masks making racist and homophobic remarks.

After a brief manhunt, police turned their focus on Smollett who they said paid two Nigerian-American brothers who he knew from the TV show to stage the attack.

He was convicted in December on five counts of disorderly conduct due to misleading the cops. He was acquitted of a sixth count.

Judge James Linn sentenced him to 150 days with the chance of reducing his incarceration to 75 days with good behavior. 

Smollett's theatrics continued even through his sentencing when he shouted to the judge that he was innocent, and that if he died behind bars it would not be suicide, but murder.

Smollett and his family have been protesting his sentencing saying the length of his prison stay was proof of racism in the criminal justice system. 

Taraji P Henderson - who played Smollett's mother Cookie on the Fox drama - said the sentence was too harsh, likening it to the lynching of 14-year-old Emmett Till, in an Instagram post. 

#FREEJUSSIE in white letters on a black background were posted on her social media account. 

'I am not here to debate you on his innocence but we can agree that the punishment does not fit the crime,' she wrote.

TIMELINE OF JUSSIE SMOLLETT SAGA FROM FIRST CALL TO COPS TO HIS SENTENCING

January 29, 2019: Smollett tells police he was attacked at around 2am while walking home from Subway. He says his attackers were white or light-skinned, and that they put a noose around his neck and yelled racial and homophobic slurs 

Smollett, on police bodycam, shows police the noose around his neck that he claimed his attackers put there

Smollett, on police bodycam, shows police the noose around his neck that he claimed his attackers put there

January 30: Details are leaked to the public and Smollett wins a groundswell of support. Chicago PD vows a swift investigation to find the attackers 

February 2: Smollett opens a concert in West Hollywood, California, with an emotional speech, saying he had to play the show because he couldn't let his attackers win.

February 13: Unbeknownst to the public, Chicago PD investigators have zeroed in on the brothers after reviewing surveillance footage from the night of the attack and Lyft and Uber records. They pick up the brothers at the airport as they return from Nigeria. 

They are released without charge. 

By then, stories had leaked from Chicago PD that some suspected Smollett of lying.  

February 14: Jussie Smollett appears on Good Morning America to tearfully protest that he is telling the truth. 

Robin Roberts shows him surveillance footage from the night of the attack and he says definitively that the men shown are his attackers

February 19: Cook County State's Attorney Kim Foxx recuses herself from the case because of her contact with Smollett's family 

February 20: Smollett is charged with filing a false police report

February 21: Smollett surrenders to police but maintains his innocence 

February 22: Smollett's character is removed from Empire 

March 7: A grand jury returns 16-count indictment charging Smollett with lying to cops repeatedly 

March 26: Charges against Smollett are dramatically dropped. The decision sparks public outrage

March 28: The City of Chicago says it will sue Smollett for $140,000 in wasted police resources 

April 23: Abel and Ola Osundairo file lawsuit against Smollett's lawyers who called them liars on TV 

August 23: Former U.S. Attorney Dan Webb named as special prosecutor to investigate why charges against Smollett were dropped

Feb 11, 2020: Smollett is indicted by a grand jury on six counts of felony lying to police

February 24 2020: Smollett pleads not guilty 

November 29, 2021: After an 18-month break due to COVID-19 affecting courts, Smollett's trial finally begins in Chicago 

Dec. 6 2021: Smollett testifies at trial insisting he is telling the truth 

December 9: Smollett is convicted on five of the six counts of lying to police 

March 10 2022: Smollett is sentenced   

Inside the Cook County jail where Jussie Smollett lived with 6,000 inmates: Cramped dorms, riots in the mess hall and limited visits for inmates 

For the last three years, actor Jussie Smollett has been the martyr star of a long drawn-out, legal circus. 

But on Friday morning, the 39-year-old woke up as inmate #20220310140, one of 6,000 convicts and suspects in the Cook County Jail, serving the first day of a 150-day sentence for lying to police. 

On March 10, Smollett - once a darling of the music and TV world for his success on the show Empire - was sentenced to 150 days in jail. He was freed on Wednesday after just six days inside - four of which were spent on a psychiatric unit over fears for his mental health. 

The star was convicted last year of five, felony four counts of disorderly conduct for lying to police repeatedly in January and February 2019, when he claimed he was the victim of a race hate attack. 

Judge James Linn granted Smollett 'day for day' eligibility which means if he behaves himself behind bars, he will likely be released within 75 days - just over two months. 

Because of the low-level, non-violent nature of Smollett's crimes, he will not serve his time in a state prison. 

He is being housed instead for the two-and-a-half months in the Cook County Jail, a stone's throw from the court and one of the biggest jail complexes in the country. 

He is currently being held in Division Eight - which is predominantly reserved for inmates with injuries or illness. It remains unclear if he will serve the duration of his sentence there, or if he will be moved after undergoing health checks. 

Smollett will not receive visitors today. Visitation for inmates in Section 2E of Unit 8 - where records show he is now - begins tomorrow, at 2.30pm.  Division 8 is what is known as a Residential Treatment Unit. It is a two-wing facility and made headlines recently for a COVID outbreak which killed three inmates.  

Cook County Jail mostly houses suspects who are awaiting trial or convicts awaiting sentencing so there is a variety of violent and non-violent suspects and convicts in the population.

Those whose their sentences there have been given considerably light ones of two years or less. 

Several sections of the jail have enormous dormitories where hundreds of men sleep in bunk beds lined up, row to row.  There are individualized cell blocks, for more violent or at-risk offenders. 

During a New York Times visit to the jail for a 2017 feature on how it had been upgraded, one inmate repeatedly stabbed two others.   

An exterior view of Cook County Jail, where Smollett has begun his 150-day sentence. He will likely be let out after 75 days, if he behaves, and is currently being held in Division 8 - the medical unit. The prison has 6,000 inmates who are either serving sentences of under two years, or are awaiting trial 

An aerial view of the enormous Cook County Jail complex where more than 6,000 inmates are spread across more than a dozen units, awaiting sentencing or trial dates or serving sentences

An aerial view of the enormous Cook County Jail complex where more than 6,000 inmates are spread across more than a dozen units, awaiting sentencing or trial dates or serving sentences

The worst of the jail: A solitary confinement cell in the Cook County Jail. Jussie is not likely to be placed in one of these cells

The worst of the jail: A solitary confinement cell in the Cook County Jail. Jussie is not likely to be placed in one of these cells

Inside the prison, there are cramped dorm rooms where hundreds of non-violent offenders sleep side by side in bunk beds. Smollett was convicted of five, non-violent felonies. It is unclear if he will have to sleep in a dorm, or if he'll be put in a cell

Inside the prison, there are cramped dorm rooms where hundreds of non-violent offenders sleep side by side in bunk beds. Smollett was convicted of five, non-violent felonies. It is unclear if he will have to sleep in a dorm, or if he'll be put in a cell 

A cell block in another portion of the jail. The locked cells are reserved for more violent offenders

A cell block in another portion of the jail. The locked cells are reserved for more violent offenders 

These are the cells in Division 8- the medical unit where Smollett is currently being held

These are the cells in Division 8- the medical unit where Smollett is currently being held 

In this Sept. 29, 2011 file photo, inmates at the Cook County Jail in Chicago wait to be processed for release. Jussie will have to spend at least half of his 150 day sentence

In this Sept. 29, 2011 file photo, inmates at the Cook County Jail in Chicago wait to be processed for release. Jussie will have to spend at least half of his 150 day sentence 

In this Sept. 29, 2011 file photo, inmates at the Cook County Jail in Chicago, line up to be processed for release

In this Sept. 29, 2011 file photo, inmates at the Cook County Jail in Chicago, line up to be processed for release 

The star was convicted in December of five counts of felony four disorderly conduct - the lowest level of felony in Illinois. 

Facing a maximum sentence of three years, his attorneys yesterday begged for a non-custodial sentence and enlisted Hollywood heavyweights Samuel L. Jackson and Alfre Woodard to plead their case. 

It wasn't enough to persuade Judge James Linn against imposing jail time. 

After patiently listening to Smollett's attorneys blame the jury,  the media and the prosecutors for his conviction, Linn imposed a 150-day sentence and blasted Smollett's 'astounding hypocrisy'. 

The actor has claimed throughout that he is the victim of a racist and homophobic campaign by the Chicago Police Department and prosecutor's office. 

He blamed former Chicago Police Chief Eddie Johnson - who is black - for going after him, and his brother yesterday fumed at assistant special prosecutor Samuel Mendenhall - who is also black - that they didn't need a 'lecture in racism'. 

In 2018, a violent brawl erupted in the mess hall where dozens of inmates started viciously fighting at the bottom of the stairs

In 2018, a violent brawl erupted in the mess hall where dozens of inmates started viciously fighting at the bottom of the stairs

A plea for help is written on a window of the maximum security unit of the Cook County Jail in Chicago, Illinois, USA, 10 April 2020. In January 2022, more than 800 inmates and staff tested positive for COVID

A plea for help is written on a window of the maximum security unit of the Cook County Jail in Chicago, Illinois, USA, 10 April 2020. In January 2022, more than 800 inmates and staff tested positive for COVID 

The COVID-19 quarantine tier with single cells at Division 11 of the Cook County Jail in Chicago on May 20, 2020

The COVID-19 quarantine tier with single cells at Division 11 of the Cook County Jail in Chicago on May 20, 2020

Smollett is currently being held in Division 8, the medical unit. It's unclear if he will be allowed to stay there

Smollett is currently being held in Division 8, the medical unit. It's unclear if he will be allowed to stay there 

As he was led away in handcuffs, Smollett tore off his COVID-mask and screamed that if anything happened to him in custody it was at someone else's hand. 

He and his supporters say he is being unfairly punished because of his celebrity and that anyone else would have spared jail for the crimes he was convicted of. 

He still maintains that he was telling the truth when he claimed to have been beaten up by two white Trump supporters in January 2019. 

A jury unanimously convicted him of lying. They found that the evidence showed he had in fact paid his two black friends, brothers Abel and Ola Osundairo, to rough him up in a staged attack. 

Police at the time suggested it was to raise his celebrity profile. 

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