The appeals court order, issued Wednesday, states that Smollett “will be released from custody … after sending a personal identification (I Bond) in the amount of $ 150,000.”
Smollett’s defense filed an emergency motion last week arguing that he would be “irreparably damaged” if he served a sentence for sentences that could be revoked, adding that he will likely serve jail before the completion of his appeal.
The lawyers added that exposure to Covid-19 is a serious risk because Smollett is immunocompromised.
The court upheld the lawyers’ plea to delay his sentencing and bail him until their appeal against his sentencing was decided, arguing that he would not be “able to dispose of the immediate appeal before the the defendant had served the entire prison sentence. “
In their response filed Wednesday, prosecutors vehemently disagreed with the defense’s reasoning, arguing that there is “no emergency deserving the extraordinary relief” of delaying Smollett’s sentence while his appeal is pending.
“Mr. Smollett says he is entitled to a stay because he will most 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, any defendant sentenced to a prison sentence of less than a few years will automatically receive a suspension pending appeal”.
Smollett had a short outburst last week
Smollett kept his innocence under oath during the trial.
But during last week’s ruling, Cook County Judge James Linn told Smollett, “You’re not a victim of a hate crime, you’re not a victim of a homophobic hate crime. You’re just a pretending charlatan. to be a victim of a hate crime “.
The judge spoke for more than half an hour during the proceedings, telling the plaintiff that while many people vouched for Smollett and his character and asked the judge for a lenient sentence, Smollett’s premeditation in the act he orchestrated is was an “aggravating factor” in the box.
“You have a good experience of true community service,” the judge said Thursday. “I am aware of the pleas for mercy, especially the people who are in the arena.” But ultimately, the judge said, this act showed Smollett’s “dark side”.
After the announcement of the sentence, Smollett turned to the judge, saying “I didn’t do it”, before going to the court and exclaiming that he is not suicidal, and that “if something happens to me when I go in there, I won’t be there. ‘I did it to myself. And you must all know it. “
On Friday, the actor was housed “in his own cell, which is monitored by security cameras in the cell and an officer wearing a body-worn camera who is stationed at the cell entrance to make sure Mr. Smollett is under direct observation at all times, ”the Cook County Sheriff’s Office said, noting that the actor was not being held in solitary confinement.