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.
The ruling Wednesday comes after a Cook County judge sentenced Smollett last week to immediately begin serving 150 days in jail for his conviction on five felony counts of disorderly conduct.
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. 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 can be released in as little as 75 days.
First off, the court has to hear from special prosecutor Dan Webb. Webb was given until Wednesday to respond to the motion filed by Smollett's legal team, led by attorney Nene Uche. When that happens, the appeal will go before one justice."If the one judge rejects the motion, that's it," Erickson said."It means the court is not going to hear it."
But that first justice can keep things going, if he or she believes the motion has some validity. Then, the justice takes the motion to two other justices to review. The justices could call the attorneys in to make oral arguments but they can also just rely on the papers the attorneys have filed. Just what arguments will sway the justices is, of course, unclear. But Erickson said what is clear is that the argument that Smollett will complete his sentence before his appeal is decided is a non-starter.
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