Last week, Judge James Linn sentenced Smollett to 30 months probation and 150 days of jail time following his conviction on five felony counts of disorderly conduct for staging a hate crime. The actor was originally supposed to start serving his sentence immediately and could have been released after serving as little as 75 days with good behavior.
On Monday, Smollett’s lawyers filed an emergency motion, claiming his sentence would be completed by the time the appeals process was finished, and staying in jail posed a physical threat to the actor, despite him being held in protective custody.
The former Empire actor was released by the appeals court after posting a personal recognizance bond of $150,000. This means he did not have to shell out any money just yet, but is required to attend any necessary court hearings or proceedings.
According to AP, Smollett’s defense attorney Nenye Uche told reporters outside the jail as Smollett left that the Smollett family is “very very happy with today’s developments.” Uche added that during his time in jail, Smollett had not eaten and drank only water for unspecified reasons.
This is yet another chapter of the long court proceedings which started in January 2019, when Smollett reported to the Chicago police that he was the victim of a racist and homophobic attack by two men, who poured chemicals on him and tied a rope around his neck. During the trial, the two men accused Smollett of staging the whole evening himself and paying them to attack him.
Following the announcement of his conviction the actor told the courtroom,“I am not suicidal. And if anything happens to me when I go in there, I did not do it to myself. And you must all know that.”
