Jussie Smollett could be released on bail during lawyers’ appeal condemn him for committing a hate crime, the Illinois Court of Appeals ruled Wednesday.
The verdict came two days after Smollett’s attorney He filed an emergency request to postpone his five-month sentence In five counts of felony disorderly conduct for lying to the police.
A judge found that because he was found guilty of “nonviolent” crimes, the court would allow him to be released from a Chicago prison on individual bail of $150,000 during appeal, according to the court order.
Under I-Bond terms, Smollett won’t have to dig into his pockets to get out of prison, and he won’t owe money unless he misses his trial dates.
Special Prosecutor Dan Webb opposed his release, claiming that “there is no emergency that warrants an exceptional stay commutation” of the sentence.
Webb wrote that Smollett provided no real evidence that he was in danger and used “spurious and woefully undeveloped arguments” to influence in court, the state’s response to the request for release.
Lawyers claimed the 39-year-old is at risk in prison because he has compromised immunity and received threats due to his high-profile conviction in December.
He was moved to a different prison cell with probation and was kept away from his other colleagues after Monday’s suggestion.
Smollett told police that he was assaulted by a group of bigots in Chicago in 2019, but a jury found that he had hired two co-workers from his show “Empire” to assault him to boost his profile and advance his acting career.
The actor maintained his innocence during the trial and told the court that he was at risk of being killed in prison while his sentence was being pronounced.