Court orders Jussie Smollett's release from jail during appeal

Empire actor, Jussie Smollett, to be released pending the appeal of his conviction for lying to police about a racist and homophobic attack. Photo / Getty Images

Jussie Smollett was ordered released from jail Wednesday by an appeals court that 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 ruling came 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 for lying to police. The appeals court said Smollett could be released after posting a personal recognisance bond of $150,000.

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.

The court's decision marks the latest chapter in a strange story that began in January 2019 when Smollett, who is black and gay, reported to Chicago police that he was the victim of a racist and homophobic attack by two men wearing ski masks. The manhunt for the attackers soon turned into an investigation of Smollett himself and his arrest on charges that he'd orchestrated the attack and lied to police about it.

The investigation revealed Smollett paid two men he knew from work on the TV show Empire to stage the attack.

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.

Smollett maintained his innocence during the trial. During sentencing he shouted at the judge that he was innocent, warning the judge that he was not suicidal and if he died in custody it was somebody else, and not him, who would have taken his life.

During the trial two brothers, Abimbola and Olabinjo Osundairo, testified that Smollett paid them to carry out the attack, gave them money for the ski masks and rope, and instructed them to fashion the rope into a noose.

Prosecutors said he told them what racist and homophobic slurs to shout, and to yell that Smollett was in "MAGA Country", a reference to the campaign slogan of Donald Trump's presidential campaign.

Smollett, who knew the men from his work on the television show Empire, testified that he did not recognise them and did not know they were the men attacking him.