Disgraced former “Empire” actor Jussie Smollett’s lawyers have filed an emergency motion to pause his sentence and release him on bond after Jussie has served just a few days of his 5 month sentence.
The actor’s attorneys filed an emergency injunction Friday seeking Smollett’s release pending his appeal. His lawyer argued that Smollett is in danger and is the target of online threats of physical harm.
So jail would probably be the safest place for him if you follow the lawyer’s logic. His attorneys said Smollett’s family has been getting threatening phone calls ever since the number was listed at the jail as an emergency contact as a reason to release him.
The defense is also arguing against Smollett being kept in segregated incarceration, which the jail would do for his safety, because that may potentially damage to his mental and physical health.
So the lawyers argue the judge should release Smollett. Very convenient but it won’t work. If anything the annoyed judge will not allow him time off for good behavior and make him serve the full 5 months.
“Mr. Smollett has become the target of vicious threats in the social media forums which no doubt reflects the hatred and wish for physical harm towards Smollett which he may experience during incarceration,” Smollett’s filing reads.
“Mr. Smollett anticipates he will most likely be assigned to segregated incarceration or protective custody, both euphemisms for solitary confinement; a situation which could have extraordinary damage on his mental health,” the filing continues.
“As a result, any custodial setting poses a safety and health danger to the life of Mr. Smollett,” the filing says.
Jussie Smollett’s sister, Jurnee Smollett, said Cook County should release Jussie because of the difference in incarceration rates between black and white Americans in state prison. Jurnee Smollett said:
“Black Americans are incarcerated in state prisons at nearly five times the rate of White Americans. Jussie is innocent. And you don’t have to believe in his innocence to believe he should be free.”
Smollett’s brother said:
“So Jussie is currently in a psych ward at the Cook County Jail. What’s very concerning is that there was a note attached to his paperwork today and put in front of his jail cell saying that he’s at risk of self-harm,” his brother Jocqui Smollett said.
“I want to make it clear to folks that he is in no way, shape, or form at risk of self-harm. He wants to let folks know that he is very stable, he is very strong, he is very healthy and ready to take on the challenge that has been put up against him.”
“This is not right. This is a complete lack of justice. It’s angering. It’s an outrage, but he ultimately knows what he needs to do.
“So please, make sure you all spreading facts. We really need our people to support us,” Jocqui Smollett said.
Judge Linn said at sentencing:
“You’re not a victim of a racial hate crime, you’re not a victim of a homophobic hate crime.
“You’re just a charlatan pretending to be a victim of a hate crime, and that’s shameful,” the judge said.
The Cook County Sheriff’s office said:
“Mr. Smollett is being housed in his own cell, which is monitored by security cameras in the cell and by an officer wearing a body worn camera who is stationed at the entrance of the cell to ensure that Mr. Smollett is under direct observation at all times.
“As with all detained persons, Mr. Smollett is entitled to have substantial time out of his cell in the common areas on the tier where he is housed, where he is able to use the telephone, watch television, and interact with staff.
“During such times out of cell, other detainees will not be present in the common areas.
“These protocols are routinely used for individuals ordered into protective custody who may potentially be at risk of harm due to the nature of their charges, their profession, or their noteworthy status.
“The safety and security of all detained individuals, including Mr. Smollett, is the Sheriff’s Office’s highest priority,” the office said.
Jussie Smollett lawyers file emergency motion https://t.co/S9KIhhGCc7— WGN TV News (@WGNNews) March 14, 2022