Jussie Smollett appeal: 150 days sentence begins in Cook County Jail; actor
Smollett spent his first full day behind bars Friday after a judge sentenced him to 150 days, or five months, for lying to police about a fake hate crime he staged against himself.
Smollett’s attorney’s spokesperson said late Friday his legal team has filed an emergency injunction seeking his release from jail during the appeal process. An appellate court judge ruled prosecutors have five days to respond to the emergency motion.
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For now, Smollett is in protective custody at Cook County Jail, the Cook County Sheriff’s Office said in a written statement. That means he is “housed in his own cell, which is monitored by security cameras in the cell and by an officers wearing a body camera who is stationed at the entrance of the cell to ensure Mr. Smollett is under direct observation at all times.”
“He’s a high-profile defendant,” ABC7 Legal Analyst Gil Soffer said. “And if there is anyone who’s safe in jail, who the authorities want to make sure is safe in jail, it’s him.”
As expected, Smollett’s defense attorney formally filed a notice of appeal Friday. Soffer has been watching this case and does not see grounds for an appeal to likely be granted.
“You see a strong case for appeal when the judge clearly excluded evidence that should have been admitted or admitted evidence that should have been excluded,” Soffer said. “And I don’t see that happening here.”
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Thursday’s hearing ended dramatically as Smollett got up from his seat and declared his innocence and his concern for his own safety.
The 39-year was expressionless, and his family and others, in the courtroom were stunned as Cook County Judge James Linn handed down sentencing.
“You will spend the first 150 days of your sentence in the Cook County Jail, and that will start today. Right here, right now,” Judge Linn said.
During the sentencing, Linn referred to the extensive litigation and thoroughness of the attorneys before, during and after trial. And he emphasized that the sentence was based on only what was presented in court and not the attention to this case.
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“People seem to care about this. People care passionately for a variety of reasons in this case and the reasons are many,” Linn said. “And let me be clear: the sentence I put forward and render down to Mr. Smollett is not in any way to assuage any public sentiment.”
In considering the sentence, Linn said Smollett’s “extreme” premeditation of the crime was an aggravating factor. He also said the actor had denigrated the experiences of real hate crime victims, calling him a “charlatan” and a liar.
“You got on the witness stand. You didn’t have to. You did. You certainly had a right to. But you committed hour upon hour upon hour of pure perjury,” Linn said.
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Rev. Jesse Jackson Sr., who wrote a letter…
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