May 17, 2022

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Jussie Smollett has been released from prison pending the appeal of his conviction

Jussie Smollett has been released from prison pending the appeal of his conviction

The appeals court order, entered on Wednesday, says Smollett “will be released from custody … upon publication of a personal pledge (I Bond) of $150,000.”

personal pledge in Illinois It means that a person has been released on the condition that they attend all required court proceedings in the future, usually without having to pay any money.

Smollett’s defense filed an emergency motion last week arguing he would suffer “irreparable harm” if he served a sentence with convictions that could be reversed, adding that he would likely serve his prison term before finalizing his appeal.

The lawyers added that exposure to Covid-19 posed a serious risk because Smollett was immunocompromised.

The court agreed to the lawyers’ request to postpone the sentence and give him a guarantee until his conviction appeal is adjudicated, arguing that he “will not be able to rule on the immediate appeal before the defendant has served the full term of his prison sentence.”

In their response filed on Wednesday, prosecutors strongly disagreed with the defense’s reasoning, arguing that “there is no emergency calling for an exceptional mitigation” to delay Smollett’s sentence while he awaits his appeal.

“Mr. Smollett asserts that he is entitled to residency because he will likely serve his short prison sentence of 150 days before his appeal on the merits is decided,” part of the response read. “According to this logic, every defendant who has been sentenced to less than a few years in prison will automatically receive a stay pending appeal.”

Smollett had exploded in court last week

Smollett Convicted in December on five counts of felony disorderly conduct for providing false reports about what he said was a hate crime against gays and blacks.
The actor, who is black and gay, told Chicago police that two unidentified men assaulted him one night in January 2019, shouting racist and anti-gay insults, pouring bleach on him and wrapping a noose around his neck. But investigators said that they determined that the perpetrator orchestrated the attack and Pay two brothers know him From the Fox drama series to show work on advertising.

Smollett maintained his innocence under oath during his trial.

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But during his sentencing last week, Cook County District Judge James Lynn told Smollett, “You are not a victim of a racist hate crime, you are not a victim of a homophobic crime. You are just a charlatan pretending to be a victim of a hate crime.”

The judge spoke for more than half an hour during the trial, telling the actor that while many people emphasized Smollett and his character and asked the judge for a reduced sentence, Smollett’s premeditation in the act he orchestrated was an “aggravating factor” in the case.

“You have a great record of real community service,” the judge said Thursday. “I am aware of the pleas for mercy, especially from the people in the arena.” But the judge eventually said that the act showed Smollett’s “dark side.”

After his sentence was announced, Smollett addressed the judge saying ‘I didn’t do this’ before he went to court and shouted that he was not suicidal, and that ‘if anything happened to me when I went there, I didn’t do it myself and you should all know it’ “.

The judge ordered that Smollett be held in protective custody “at the request of Mr. Smollett and this recommendation of the Court”, CNN previously reported.

On Friday, the actor was being held “in his own cell, which is monitored by the cell’s surveillance cameras and by an officer wearing a body camera and stationed at the entrance to the cell to ensure that Mr. Smollett is under direct observation.” The Cook County Sheriff’s Office said “at all times,” stressing that The actor was not held in solitary confinement.

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