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Jussie Smollett premieres new song three weeks after after being released from jail

Jussie Smollett has dropped a new song three weeks after he was released from Cook County Jail in Chicago, Illinois, pending an appeal of his conviction after allegedly faking a hate crime.

The Empire star, 39, took to Instagram on Friday and posted a lyric video set to his new tune, Thank You God, where he touches on his recent legal troubles.

‘Some people searching for fame / Some people chasing that clout / Just remember this … this ain’t that situation / You think I’m stupid enough to kill my reputation?’ he sings.

Musician: Jussie Smollett, 39, has dropped a new song three weeks after he was released from Cook County Jail in Chicago, Illinois, after being sentenced for faking a hate crime; Pictured March 10 at his sentencing hearing

‘Just simply to look like a victim / Like it’s something fun / Y’all better look at someone else / You got the wrong one,’ he goes on. 

The actor notes that ‘100% of the profits’ from the song will be donated to Rainbow Push Coalition, the Illinois Innocence Project and Secure the Bag Safety. 

The one-minute clip starts out with a message that reads: ‘Channeling these thoughts the best way I know how. Love You… – JUSSIE.’  

Addressing his legal woes: The Empire star took to Instagram on Friday and posted a lyric video set to his new tune, Thank You God, where he touches on his recent legal troubles

Reputation: ‘Some people searching for fame / Some people chasing that clout / Just remember this … this ain’t that situation / You think I’m stupid enough to kill my reputation?’ he sings

He then goes on to sing: ‘It’s like they’re hell-bent on not solving the crime / Taking out the elements of race and trans and homophobia that’s straight taking lives / But turn around and act like I’m the one that killed the strides.’

The star continues, singing, ‘Maybe we stick together / Maybe we read more / Instead of saying that ‘It’s above me now’ / Brother you sure?’

Elsewhere in the song he speaks of betraying others. ‘Let me rephrase that / Cuz the narrative they played / I really over-stand the reason why y’all felt betrayed.’

A victim? ‘Just simply to look like a victim / Like it’s something fun,’ he goes on

The wrong one: ‘Y’all better look at someone else / You got the wrong one,’ the artist states 

‘They had my own people / Thoughts going off the wall / That’s why from L.D. to Don I still got love for y’all / I know we’ll meet again / Talk like real men / Instead of sharing shade in rooms and up on CNN.’

Towards the end of the song he appears to have a positive outlook, speaking about pushing through the clouds. 

‘Thunder’s mad loud / Still I’m pushing through the clouds / All I’ve ever really wanted to do was make my people proud,’ he sings.

Smollett finishes the song by revealing his thoughts on fame, singing: ‘Fame is nothing real / It’s how you make them feel / Celebrity is for the birds / I ain’t no man of steel.’

New passion: The one-minute clip starts out with a message that reads: ‘Channeling these thoughts the best way I know how. Love You… – JUSSIE’

Charitable: The actor notes that ‘100% of the profits will be donated’ to Rainbow Push Coalition, the Illinois Innocence Project and Secure the Bag Safety

The actor was released from jail on March 16 pending his appeal, after being sentenced to five months in jail.

He was convicted of five counts of felony disorderly conduct after a jury found he did lie to police in January 2019, and repeatedly since then, by claiming he was attacked up by two white, homophobic Trump supporters. 

In reality, the men were two black brothers who say Smollett paid them to carry it out in an attempt to raise his celerity profile.

Thoughts on fame: Towards the end of the song, Smollett reveals his thoughts on fame, singing: ‘Fame is nothing real / It’s how you make them feel’

 For the birds: ‘Celebrity is for the birds / I ain’t no man of steel,’ he adds

The end: The song ends with the title, Thank You God, and Smollett’s signature

Smollett’s claims unleashed a media frenzy when he filed a report with Chicago police on January 29, 2019. 

Sympathy for the ‘battered’ actor poured in from the entertainment industry and fans alike, and police launched a manhunt for his alleged attackers on taxpayers’ dime. 

He was convicted in December 2021, sentenced last month and released six days later. 

Legal trouble: The actor was convicted of five counts of felony disorderly conduct in December 2021, sentenced to five months, and released six days later; Pictured being led out of the courtroom after being sentenced

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‘Empire’ actor Jussie Smollett released from Cook County Jail while disorderly conduct sentence appealed

CHICAGO (WLS) — Jussie Smollett was released from Cook County Jail Wednesday after an appeals court agreed with his lawyers that he should be released pending the appeal of his conviction for lying to police about a racist and homophobic attack.

The ruling came after a Cook County judge sentenced Smollett last week to immediately begin serving 150 days in jail for his conviction on five felony counts of disorderly conduct for lying to police. The appeals court said Smollett could be released after signing a personal recognizance bond of $150,000, which did not require any money be paid.

WATCH: Jussie Smollett walks out of Cook County Jail

The 39-year-old walked out of the jail shortly after 8 p.m., past a gaggle of gathered media and accompanied by security and two of his siblings, without saying a word. His defense team lauded the appellate court’s decision to release him, and one of his lawyers told ABC7 Thursday that Smollett is still in Illinois and planned to help his family and legal team work on his appeal.

It was not known if Smollett would have to stay in Cook County or Chicago; previously, Judge James Linn had said during his post-jail probationary period he would be allowed to leave the state and check in with his probation officer remotely.

WATCH: Jussie Smollett’s defense attorneys speak after release

Smollett’s family is relieved.

“It’s unbearable for family members to see loved one going through this, just to let him get out of that situation, I’m grateful to God for it,” Smollett’s brother, JoJo, said.

Smollett spent six nights in jail. In that time, his attorneys said the actor did not eat anything, but only drank water.

WATCH: Legal analyst weighs in on how Jussie Smollett got out of jail

His attorneys said the actor broke down when they gave him the news he’d be freed.

“He pushed his hands on the glass and he was, his eyes got teary and I’ve never seen that, because he’s been very strong in there,” said attorney Nenye Uche. “And he said, ‘I nearly lost hope in our constitutional system.'”

Smollett’s attorneys had argued that he would have completed the sentence by the time the appeal process was completed and that Smollett could be in danger of physical harm if he remained locked up in Cook County Jail.

RELATED: Jussie Smollett in ‘psych ward’ with ‘no special treatment,’ family says after receiving threats

Smollett was sentenced to 30 months’ probation for lying to police about staging a hate crime attack against himself in Chicago, with the first 150 days of the sentence in Cook County Jail. He was released after less than a week.

“I think we’re here because an appellate court realized this was the right thing to do. I hope everyone realized that the persecution that went on in that courthouse was absurd,” said attorney Shay Allen.

The court’s decision marks the latest chapter in a strange story that began in January 2019 when Smollett, who is Black and gay, reported to Chicago police that he was the victim of a racist and homophobic attack by two men wearing ski masks. The manhunt for the attackers soon turned into an investigation of Smollett himself and his arrest on charges that he’d orchestrated the attack and lied to police about it.

The investigation revealed Smollett paid two men he knew from work on the TV show “Empire” to stage the attack.

SEE ALSO | Jussie Smollett begins serving 150-day jail sentence as attorneys request release during appeal

A jury convicted Smollett in December on five felony counts of disorderly conduct – the charge filed when a person lies to police. He was acquitted on a sixth count.

WATCH: Legal analysis of Smollett’s release and appeals process

Judge Linn sentenced Smollett to 150 days in jail, and with good behavior he could have been released in 75. His attorneys argued by the time the appeal was decided he would have completed his jail sentence.

“The appellate court will take its time,” said ABC7 legal analyst Gil Soffer. “It will consider the briefs that are submitted to it and will make a judgement about two things: one, should it reverse the conviction? And two, even if the conviction stands, was the sentence appropriate?”

Smollett maintained his innocence during the trial. During sentencing he shouted at the judge that he was innocent, warning the judge that he was not suicidal and if he died in custody it was somebody else, and not him, who would have taken his life.

WATCH | Jussie Smollett’s emotional outburst in court

Cook County Judge James Linn also ordered Smollett to pay $120,106 restitution to the city of Chicago and a $25,000 fine.

Moments after learning he’d be heading straight to jail, Smollett declared “I am not suicidal!” and “I did not do this!” with one fist in the air as he was taken into custody and removed from the courtroom.

Linn excoriated Smollett prior to handing down his sentence for what he referred to as “misconduct and shenanigans.”

“I’m going to tell you Mr. Smollett, I know that there is nothing that I will do here today that will come close to the damage you’ve already done to your own life,” Linn said.

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 perjury,” Linn said.

WATCH | Judge Linn’s full sentencing remarks

After court, Smollett’s family was visibly upset, expressing disappointment that Smollett received jail time and continuing to defend his innocence.

“I watched my brother go from being a complete victim, which he still is. He was attacked, and he is now going to jail for being attacked,” said Jocqui Smollett, his youngest brother. “He is a survivor and he has been completely mistreated. This has to stop!”

Smollett’s defense attorneys were also incensed.

“I have never seen, in my entire career as an attorney, and none of the other attorneys here have ever seen a situation in which a Class 4 felony gets the same treatment as a violent offense,” said defense attorney Nenye Uche.

After a long investigation and years in court, Smollett was convicted of five of six felony counts of disorderly conduct for lying to police. He faced a maximum sentence of three years in prison for all counts.

“These are very low-level crimes and it would be extraordinary in a normal case for someone with no meaningful criminal history to face jail time on these crimes, but this is not the normal case,” said ABC Legal Analyst Gil Soffer.

WATCH | Key moments in Jussie Smollett case

Soffer said if Smollett violates the terms of his release, he could go back to jail, but that’s not likely.

Several big names came to Smollett’s defense, writing letters to the judge asking for leniency.

RELATED: Jussie Smollett trial’s only Black juror found case ‘sad,’ still wonders about motive

Among them was the Rev. Jesse Jackson, writing in part that “Jussie has a long track record of being a deeply engaged and contributing citizen” and that “Jussie has already suffered.”

WATCH: Jussie Smollett’s attorney says actor in Illinois after release

Actor Samuel L. Jackson and his wife, actress LaTanya Jackson, also wrote the judge a letter, saying in part, “I humbly implore you to please find an alternative to incarceration.”

When asked for comment, Cook County State’s Attorney Kim Foxx’s office said “we are focused on violent crime.”

Statement from Nenye Uche, Jussie Smollett’s attorney, in response to the Appellate Court ruling:

“We are very happy with the ruling made by the Illinois District Appellate Court. We are pleased that sensationalism and politics will be put aside and we can finally have an intellectual discussion about our laws with our esteemed appellate court.
“Three years ago, Jussie and the State of Illinois reached a deferred prosecution agreement in which he paid a ten thousand dollar fine and performed community service. As a result, the case was dismissed.
“To be recharged and prosecuted for the exact same thing, a second time, is not just morally wrong, but certainly double jeopardy and thus unconstitutional. Especially as it concerns an innocent man.”

The Associated Press contributed to this report.

Copyright © 2022 WLS-TV. All Rights Reserved.



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Court: Jussie Smollett can leave county jail during appeal

CHICAGO (AP) — Jussie Smollett was ordered released from jail Wednesday by an appeals court that agreed with his lawyers that he should be free pending the appeal of his conviction for lying to Chicago police about a racist and homophobic attack.

The decision came after a Cook County judge sentenced Smollett last week to immediately begin serving 150 days in jail for his conviction on five felony counts of disorderly conduct for lying to police. His attorneys planned a news conference around his expected release Wednesday night.

In an outburst immediately after the sentence was handed down, the former star of the TV show “Empire” proclaimed his innocence and said “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.”

The appeals court, in a 2-1 decision, said Smollett could be released after posting a personal recognizance bond of $150,000, meaning he doesn’t have to put down money but agrees to come to court as required.

Smollett’s attorneys had argued that he would have completed the sentence by the time the appeal process was completed and that Smollett could be in danger of physical harm if he remained locked up in Cook County Jail.

The office of the special prosecutor called the claim that Smollett’s health and safety were at risk “factually incorrect,” in a response to the motion, noting that Smollett was being held in protective custody at the jail. Smollett was being held in his own cell, and was being monitored by security cameras and an officer, the Cook County Sheriff’s Office said after he began serving his sentence last week.

Deputy special prosecutor Sean Wieber also questioned the idea of releasing Smollett because his sentence will be complete prior to an appellate court ruling, saying that under that logic every person facing a sentence shorter than a few years would be able to remain free.

“That simply is not, and cannot be, the rule,” Wieber wrote.

The court’s decision marks the latest chapter in a strange story that began in January 2019 when Smollett, who is Black and gay, reported to Chicago police that he was the victim of a racist and homophobic attack by two men wearing ski masks. He reported that the men assaulted him as he walked near his home in downtown Chicago to get something to eat. One of the men, Smollett said, put a noose around his neck.

The manhunt for the attackers soon turned into an investigation of Smollett himself and his arrest on charges that he’d orchestrated the attack and lied to police about it.

The investigation revealed Smollett paid two men he knew from his work on “Empire” to stage the attack.

A jury convicted Smollett in December on five felony counts of disorderly conduct — the charge filed when a person lies to police. He was acquitted on a sixth count.

Judge James Linn sentenced Smollett last week to 150 days in jail, but with good behavior he could have been released in as little as 75 days. Smollett maintained his innocence during the trial.

Appellate Court Justices Thomas Hoffman and Joy Cunningham signed the order granting Smollett’s request to be released, which noted he was convicted of non-violent offenses. Justice Maureen Connors dissented.

___

Check out The AP’s complete coverage of the Jussie Smollett case.

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Jussie Smollett is ‘placed in jail psych ward’ as brother insists he’s not at risk of self-harm

The brother of Jussie Smollett says the Empire actor has been placed in a psych ward at the Cook County Jail, where he was sentenced to 150 days on Thursday for lying to the police about an alleged hate crime in 2019.

‘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,’ said Jocqui Smollett in a video posted to his brother’s Instagram account Sunday morning

Jocqui urged supporters to flood social media with posts hash-tagged #FreeJussie. He also directed them to directly tag the Cook County Jail.

‘I want to make it clear to folks that he is in no way, shape, or form at risk of self-harm,’ Jocqui added.

In court on Thursday, the disgraced star insisted that he’s not suicidal to ensure if something happened to him in jail, the public would know it was foul play – a reference to Jeffrey Epstein’s jail cell hanging that many claim was an ‘inside job.’

Judge James Linn granted Smollett ‘day for day’ eligibility, which means if he behaves himself behind bars, he will likely be released within 75 days – just over two months.  

A law enforcement source told TMZ that Smollett is in the psych ward because it’s also the area where they house high-profile inmates. 

The Cook County Sheriff’s Office told DailyMail.com that Smollett is not being held in solitary confinement and that he enjoys ‘substantial time out of his cell,’ but did not confirm or deny reports that he’s in a psych ward.

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Jocqui Smollett, brother of former Empire actor Jussie, says his brother is in a psych ward in jail and his paperwork has been updated to reflect that he is at risk of self har

Smollett told the judge on Thursday: ”If anything happens to me when I go in there, I did not to it to myself, and you must all know that’

Smollett told his attorneys before his Thursday court appearance that he would get a harsher sentence than most people convicted of a non-violent offense because he is black

‘The use of solitary confinement was abolished at the Cook County Jail in 2016, and any claims that he is being held in this manner is false,’ 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 actor’s brother said he hasn’t gotten clear answers from jail officials about why Jussie is allegedly in a psych ward. He urged supporters to flood social media in an attempt to figure it out. 

‘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 ultimately has been put up against him,’ Jocqui said on Instagram.

‘This is not right. This is completely lack of justice. It’s angering. It’s an outrage, but he ultimately knows what he needs to do.’ 

On Thursday Smollett – once a darling of the music and TV world for his success on the show Empire – was sentenced to 150 days in jail.

The star was convicted last year of five felony counts of disorderly conduct for lying to police repeatedly when he claimed he was the victim of a race hate attack in January and February 2019.

After he was sentenced Smollett told his legal team his prediction was correct and said the 150 day sentence was ‘unfortunate’ and ‘sad’ and blamed it on the judge’s animosity towards him

But despite his light sentence, TMZ reported that Smollett told his attorneys before his Thursday court appearance that he would get a harsher sentence than most people convicted of a non-violent offense because he is black, calling it proof of systemic racism in the court system.  

After he was sentenced Smollett told his legal team his prediction was correct and said the 150 day sentence was ‘unfortunate’ and ‘sad’ and blamed it on judge Linn’s animosity towards him, TMZ.com reported. 

In court on Thursday Smollett protested ‘I am innocent! I am not suicidal’ as he was led away in handcuffs. He said it was a ploy to ensure if something happened to him in jail, the public would know it was foul play – a reference to Jeffrey Epstein’s jail cell hanging that many claim was an ‘inside job’, TMZ reported.   

Nenye Uche, Smollett’s lead attorney, told reporters that his client’s comments were made ‘for a specific reason,’ according to the New York Post.

‘I don’t want people to think, “Well, is he going crazy? Why is he yelling ‘I’m not suicidal?'” He was doing it for a specific reason because, let’s be honest, we have the Epstein situation, where he was found dead in his jail even in protective custody,’ Uche said.

‘What Mr. Smollett was concerned about was, what if he turns up dead in protective custody? He doesn’t want people to think he killed himself.’ 

Smollett will serve his sentence in the Cook County Jail, a stone’s throw from the court and one of the biggest jail complexes in the country under protective custody.  

The Cooks County Sheriff’s Office confirmed on Friday that the 39-year-old will be housed in his own cell where he will be under video monitoring at all times, per the request of Smollett and his legal team,  the New York Post reported. 

‘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,’ the Cooks County Sheriff said in a statement.  

Inmate number 20220310140 in Chicago’s Cook County Jail, Jussie Smollett

Smollett’s family posted his quote to Instagram hours after he began serving his sentence

Smollett faced up to three years in prison and his attorneys made one last attempt for a non-custodial sentence, but it wasn’t enough to persuade Judge James Linn against imposing jail time.

After patiently listening to Smollett’s attorneys blame the jury, the media and the prosecutors for his conviction, Linn imposed a 150-day sentence and blasted Smollett’s ‘astounding hypocrisy’.

The actor has claimed throughout that he is the victim of a racist and homophobic campaign by the Chicago Police Department and prosecutor’s office.

He blamed former Chicago Police Chief Eddie Johnson – who is black – for going after him, and his brother yesterday fumed at assistant special prosecutor Samuel Mendenhall – who is also black – that they didn’t need a ‘lecture in racism’. 

He and his supporters say he is being unfairly punished because of his celebrity and that anyone else would have spared jail for the crimes he was convicted of.

He still maintains that he was telling the truth when he claimed to have been beaten up by two white Trump supporters in January 2019.

An aerial view of the enormous Cook County Jail complex where more than 6,000 inmates are spread across more than a dozen units, awaiting sentencing or trial dates or serving sentences

Judge James Linn is pictured sentencing Smollett to 150 days in Cook County jail

The worst of the jail: A solitary confinement cell in the Cook County Jail. Jussie is not likely to be placed in one of these cells

A jury unanimously convicted him of lying. They found that the evidence showed he had in fact paid his two black friends, brothers Abel and Ola Osundairo, to rough him up in a staged attack.

Police at the time suggested it was to raise his celebrity profile.

The two brothers testified at trial that Smollett walked them through exactly how to go about the attack. Smollett’s defense attorneys claimed they were liars throughout, but couldn’t explain why they would have lied to him.

The brothers were never charged because they never lied to police – the first time they were questioned about it, they told cops what had happened, according to Judge Linn.

Smollett has never relented on his defense and instead insists he was victimized by the City of Chicago.

Judge Linn has ordered him to pay $120,000 in restitution which reflects the $130,000 the city is suing him for, minus $10,000 that Smollett has already surrendered as part of a now canceled-out deal with the State’s Attorney’s Office.

As he was sentenced, Judge Linn blasted Smollett as a ‘charlatan’

Judge Linn was damning in his verdict, noting how Smollett on the stand reprimanded someone who, quoting him, used the N-word, and yet himself sabotaged the work of activists for equality.

‘The hypocrisy is just astounding. I believe that you did damage to actual hate crime victims. These are people who have a difficult time coming forward. There may be some trepidation.

‘I don’t know if they are going to be accused of acting like you, pulling a stunt like you. I don’t know if first responders are going to be more hesitant. I hope it’s not the case.’

‘You’re just a charlatan, pretending to be a victim of a hate crime.’

Inside the Cook County jail where Jussie Smollett will serve at least two months along with 6,000 inmates: Cramped dorms, riots in the mess hall and limited visits are what disgraced star can expect 

Because of the low-level, non-violent nature of Smollett’s crimes, he will not serve his time in a state prison. 

He is being housed instead for the two-and-a-half months in the Cook County Jail, a stone’s throw from the court and one of the biggest jail complexes in the country. 

He is currently being held in Division Eight – which is predominantly reserved for inmates with injuries or illness. It remains unclear if he will serve the duration of his sentence there, or if he will be moved after undergoing health checks. 

Inside the prison, there are cramped dorm rooms where hundreds of non-violent offenders sleep side by side in bunk beds. Smollett was convicted of five, non-violent felonies. It is unclear if he will have to sleep in a dorm, or if he’ll be put in a cell 

An exterior view of Cook County Jail, where Smollett has begun his 150-day sentence. He will likely be let out after 75 days, if he behaves, and is currently being held in Division 8 – the medical unit. The prison has 6,000 inmates who are either serving sentences of under two years, or are awaiting trial 

An aerial view of the enormous Cook County Jail complex where more than 6,000 inmates are spread across more than a dozen units, awaiting sentencing or trial dates or serving sentences

Smollett will not receive visitors today. Visitation for inmates in Section 2E of Unit 8 – where records show he is now – begins tomorrow, at 2.30pm.  Division 8 is what is known as a Residential Treatment Unit. It is a two-wing facility and made headlines recently for a COVID outbreak which killed three inmates.  

Cook County Jail mostly houses suspects who are awaiting trial or convicts awaiting sentencing so there is a variety of violent and non-violent suspects and convicts in the population.

Those whose their sentences there have been given considerably light ones of two years or less. 

Several sections of the jail have enormous dormitories where hundreds of men sleep in bunk beds lined up, row to row.  There are individualized cell blocks, for more violent or at-risk offenders. 

During a New York Times visit to the jail for a 2017 feature on how it had been upgraded, one inmate repeatedly stabbed two others.   

A cell block in another portion of the jail. The locked cells are reserved for more violent offenders 

These are the cells in Division 8- the medical unit where Smollett is currently being held 

In this Sept. 29, 2011 file photo, inmates at the Cook County Jail in Chicago wait to be processed for release. Jussie will have to spend at least half of his 150 day sentence 

In this Sept. 29, 2011 file photo, inmates at the Cook County Jail in Chicago, line up to be processed for release 

In 2018, a violent brawl erupted in the mess hall where dozens of inmates started viciously fighting at the bottom of the stairs

A plea for help is written on a window of the maximum security unit of the Cook County Jail in Chicago, Illinois, USA, 10 April 2020. In January 2022, more than 800 inmates and staff tested positive for COVID 

The COVID-19 quarantine tier with single cells at Division 11 of the Cook County Jail in Chicago on May 20, 2020

Smollett is currently being held in Division 8, the medical unit. It’s unclear if he will be allowed to stay there 

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Jussie Smollett sentence begins with 1st night in Cook County Jail; actor shouted ‘I am not suicidal’ in reaction to sentencing

CHICAGO (WLS) — Jussie Smollett spent his first night behind bars after a judge sentenced him to five months for a fake hate crime.

Thursday’s hearing ended dramatically as Smollett got up from his seat and declared his innocence and his concern for his own safety.

WATCH | Jussie Smollett’s emotional outburst in court

The 39-year was expressionless and his family and others in the courtroom 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.

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 perjury,” Linn said.

WATCH | Judge Linn’s full sentencing remarks

While in jail, Smollett also begins 30 months of probation in addition to being ordered to pay more than $120,000 in restitution to the city of Chicago and a $25,000 fine.

The disgraced actor then addressed the court.

“I am not suicidal,” Smollett said. “I am not suicidal! I am innocent! And I am not suicidal. If I did this, then it means that I stuck my fist in the fears of Black Americans in this country for 400 years and the fears of the LGBTQ community. Your honor, I respect you, and I respect the jury, but I did not do this, and 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!”

The sentence came three months after Smollett was convicted of five counts of felony disorderly conduct for lying to Chicago police.

Smollett was still proclaiming his innocence charlaas he was led out of court after sentencing.

“I am innocent!” he said. “I could have said I was guilty a long time ago!”

WATCH | Family defends Jussie Smollett’s innocence after sentencing

The sentencing outraged Smollett’s family, who slammed the judge after sentencing.

“My brother Jussie is innocent this should not be a controversial statement because it is the absolute truth,” said Jazz Smollett, Jussie’s sister.

“He shamed my brother,” Jojo Smollett, Jussie’s brother, said. “He spoke about his arrogance. He doesn’t know about the struggle my brother is encountering.”

Report on Kim Foxx’s office’s handling of Jussie Smollett case made public, judge rules

Meanwhile, Special Prosecutor Dan Webb praised the judge.

“This was a course of conduct that deserved severe punishment,” Webb said. “I thought it was the right way to do it. And I do believe that based on the sentencing he received that Judge Linn clearly understood exactly what had happened in this case.”

Smollett’s defense team said they’re stunned and vowed to appeal.

“I have never seen in my entire career as an attorney, and none of the other attorneys here have ever seen a situation where a class 4 felony gets the same treatment as a violent offense,” said defense attorney Nenye Uche.

Chicago Mayor Lori Lightfoot applauded the judge’s ruling, writing: “The criminal conviction of Jussie Smollett by a jury of his peers and today’s sentencing should send a clear message to everyone in the City of Chicago that false claims and allegations will not be tolerated. The malicious and wholly fabricated claim made by Mr. Smollett resulted in over 1500 hours of police work that cost the City over $130,000 in police overtime. The City feels vindicated in today’s ruling that he is being held accountable and that we will appropriately receive restitution for his actions.”

RELATED: Jussie Smollett verdict: ‘Empire’ actor guilty of disorderly conduct; defense vows appeal

Smollett’s sentencing hearing comes three months after the actor was convicted of faking a hate crime against himself. Smollett told Chicago police he was the victim of a racist and homophobic attack in Streeterville back in January 2019.

Copyright © 2022 WLS-TV. All Rights Reserved.



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Jussie Smollett to be sentenced in hate crime hoax

Jussie Smollett is being sentenced Thursday for his role in lying to police about a hate crime in 2019. Smollett, best known for his role in the TV show “Empire,” was convicted in December of five counts of lying to police about the attack but has maintained throughout his extensive legal battles that it was real. 

Smollett faces up to three years in prison for each of the five felony counts.

The sentencing will bring a temporary end to Smollett’s battle regarding the attack, which frustrated the Chicago Police Department and led to Smollett being fired from “Empire” at the height of the show’s popularity. 

On January 29, 2019, the Black and gay actor told Chicago police he was the victim of a racist and homophobic attack. He claimed two men followed him down a street late at night, yelling slurs before tossing an “unknown chemical substance” on him and placing a noose around his neck. 

But during the trial, police and prosecutors alleged that Smollett paid brothers Abel and Ola Osundairo $3,500 to stage the attack. The brothers testified that Smollett asked them to carry out a fake attack.

During Thursday’s sentencing, Smollett’s defense team reiterated their request to have his conviction thrown out or declared a mistrial, based on a previous Cook County prosecutor’s promise in 2019 to drop his original charges. Defense attorney Tina Glandian argued Smollett’s re-prosecution was a violation of Smollett’s rights and said several mistakes were made during the trial.

Prosecutors pushed back against the defense team’s claims, calling them “finger-pointing and scapegoating.”

Judge James Linn denied the request for a new trial, saying, “The only crime that was at play in this entire scenario was the false police report.”

The prosecution also read a victim impact statement from the Chicago Police Department, which claimed Smollett’s false report took money and time from the department that could have been used to solve crimes and harmed “real” victims of hate crimes. The department also requested $130,106 in restitution from Smollett for the cost of the investigation.

Smollett’s defense provided several key witnesses that spoke to Smollett’s character as well as his impact as an actor and role model in the African American community. 

“He is a very loving and caring young man,” former “Empire” music director Rich Daniels said on the stand, describing how Smollett gave back to the Chicago community, including visiting students in local schools. “I just think the world of him.”

Smollett’s older brother Joel Smollett also read a statement pleading for leniency on Smollett’s behalf, saying, “Jussie should not be incarcerated. He has always been a loyal, loving, and creative human being. He is not a threat to the people of Illinois.”

Smollett’s 92-year-old grandmother also spoke on his behalf, crediting her Jewish heritage as a reason why Smollett and his family were focused on social justice. She addressed the judge directly, asking him to send her to jail alongside Smollett if he is incarcerated. 

Following statements from his friends and brother, Smollett, sitting next to his counsel, appeared to wipe away tears. 

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Jussie Smollett’s lawyers ask judge to throw out conviction due to errors in trial

Jussie Smollett’s lawyers asked a Chicago judge Friday to toss out his conviction for staging a hate crime — or grant him a new trial — claiming that his constitutional rights were violated by the court during the jury selection process.

Lawyers for the former “Empire” actor argued that the court made a litany of errors during the trial, which they claimed was “a lightning rod for the political divisions plaguing the country,” according to a filing obtained by The Post.

Smollett, 39, was found guilty in December of lying to police when he told cops that admirers of former President Trump had beat him up for being black and gay.

The defense’s post-trial motion came two weeks before the disgraced actor was set to be sentenced. He faces up to three years behind bars on each of the five counts of felony disorderly conduct, though it’ll be up to Judge James Linn whether Smollett gets any time at all.

Lawyers for Jessie Smollett claimed that his constitutional rights were violated by the court during the jury selection process.
Getty Images

Smollett — who has steadfastly maintained his innocence and took the stand in his own defense — claimed that two Trump-loving bigots beat him up, doused him in bleach and placed a makeshift noose around his neck on a freezing night in January 2019. 

In reality, he hired two actors to accost him in the hopes of raising his public profile, the jury found.

In their motion Friday, Smollett’s attorneys argued that his right to a public trial was violated because the amount of spectators and members of the press were limited due to COVID-19 restrictions.

Smollett was found guilty of lying to police about a hate crime but has maintained his innocence during trial.
CPD

The judge did not allow the defense to directly question potential jurors, which “was particularly prejudicial,” due to the high profile nature of the case, attorney Mark Lewis claimed.

“Even before the verdict was out, most Americans who had not seen the evidence in the courtroom, were convinced that Jussie had committed the crime,” Lewis wrote.

“In fact, prior to and during the trial Mr. Smollett had become a lightning rod for the political divisions plaguing the country currently.”

The court allegedly endorsed “procedures and tactics” to that allowed prosecutors to exclude black and gay potential panelists from the jury box, the motion states.

The filing also said the judge did not tell the jury to “cautiously scrutinize” the testimony of the Osundairo brothers, who said Smollett paid them to attack him. The men were not charged for their role in the incident, or for cocaine found in their apartment, Lewis argued as he argued their preferential treatment prejudiced the jury.

One witness’ testimony should have been thrown out because he said he felt “pressured and threatened” by prosecutors to change his story, Lewis wrote.

In another instance, the judge ignored an alleged homophobic remark by a detective, who had said the defendant had a “pretty face,” the motion argued.

The Osundairo brothers were not charged for their role in attacking Jessie Smollett, or for the cocaine found in their apartment, attorney Mark Lewis said.
AP

The court also improperly let the deliberating jury watch the entirety of Smollett’s “Good Morning America” interview after only part of it had been admitted to the jury at trial, Lewis wrote.

“The State failed to prove the Defendant guilty of the charges against him
beyond all reasonable doubt and failed to prove every material allegation of the indictment beyond all reasonable doubt,” Lewis wrote.

“As such, the Defendant now respectfully requests that his convictions be vacated or in the alternative, that the Court grant the Defendant a new trial.”

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Jussie Smollett’s lawyers ask judge to throw out conviction due to errors in trial

Jussie Smollett’s lawyers asked a Chicago judge Friday to toss out his conviction for staging a hate crime — or grant him a new trial — claiming that his constitutional rights were violated by the court during the jury selection process.

Lawyers for the former “Empire” actor argued that the court made a litany of errors during the trial, which they claimed was “a lightning rod for the political divisions plaguing the country,” according to a filing obtained by The Post.

Smollett, 39, was found guilty in December of lying to police when he told cops that admirers of former President Trump had beat him up for being black and gay.

The defense’s post-trial motion came two weeks before the disgraced actor was set to be sentenced. He faces up to three years behind bars on each of the five counts of felony disorderly conduct, though it’ll be up to Judge James Linn whether Smollett gets any time at all.

Lawyers for Jessie Smollett claimed that his constitutional rights were violated by the court during the jury selection process.
Getty Images

Smollett — who has steadfastly maintained his innocence and took the stand in his own defense — claimed that two Trump-loving bigots beat him up, doused him in bleach and placed a makeshift noose around his neck on a freezing night in January 2019. 

In reality, he hired two actors to accost him in the hopes of raising his public profile, the jury found.

In their motion Friday, Smollett’s attorneys argued that his right to a public trial was violated because the amount of spectators and members of the press were limited due to COVID-19 restrictions.

Smollett was found guilty of lying to police about a hate crime but has maintained his innocence during trial.
CPD

The judge did not allow the defense to directly question potential jurors, which “was particularly prejudicial,” due to the high profile nature of the case, attorney Mark Lewis claimed.

“Even before the verdict was out, most Americans who had not seen the evidence in the courtroom, were convinced that Jussie had committed the crime,” Lewis wrote.

“In fact, prior to and during the trial Mr. Smollett had become a lightning rod for the political divisions plaguing the country currently.”

The court allegedly endorsed “procedures and tactics” to that allowed prosecutors to exclude black and gay potential panelists from the jury box, the motion states.

The filing also said the judge did not tell the jury to “cautiously scrutinize” the testimony of the Osundairo brothers, who said Smollett paid them to attack him. The men were not charged for their role in the incident, or for cocaine found in their apartment, Lewis argued as he claimed their preferential treatment prejudiced the jury.

One witness’ testimony should have been thrown out because he said he felt “pressured and threatened” by prosecutors to change his story, Lewis wrote.

In another instance, the judge ignored an alleged homophobic remark by a detective, who had said the defendant had a “pretty face,” the motion argued.

The Osundairo brothers were not charged for their role in attacking Jessie Smollett, or for the cocaine found in their apartment, attorney Mark Lewis said.
AP

The court also improperly let the deliberating jury watch the entirety of Smollett’s “Good Morning America” interview after only part of it had been admitted to the jury at trial, Lewis wrote.

“The State failed to prove the Defendant guilty of the charges against him
beyond all reasonable doubt and failed to prove every material allegation of the indictment beyond all reasonable doubt,” Lewis wrote.

“As such, the Defendant now respectfully requests that his convictions be vacated or in the alternative, that the Court grant the Defendant a new trial.”

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Jussie Smollett Juror Explains What Sealed Jussie Smollett’s Guilt for Them

A juror in the Jussie Smollett trial has explained several reasons why the jury felt there was no way they could acquit the star actor in his bombshell trial for staging a fake hate crime attack on himself.

The female juror, who declined to be named, told the Chicago Sun-Times that the jury of six women and six men didn’t have any major disagreements but they took nine hours to deliberate because they wanted to properly consider all the evidence.

Some doubted that prosecutors had proven their case beyond reasonable doubt when deliberations began, she said. But those people just wanted more time to look over all the evidence again.

“It was not evenly split, but there were some doubters,” she said.

Smollett was found guilty on Thursday evening of five of six counts of disorderly conduct related to filing a false police report about a battery and a false police report about a hate crime in January 2019. He was found not guilty of one count related to telling a detective two weeks later that he was the victim of an aggravated battery.

Smollett—an openly gay, Black actor who for nearly three years denied accusations that he hired two brothers as assailants in the alleged attack—testified on his own behalf during the one-week trial.

But the juror said they felt his answers didn’t have credible reasoning, especially when there was zero evidence to back up his story.

Smollett’s creative director Frank Gatson, who initially called police in 2019, was included on a list of witnesses to testify but was never called.

“We all wanted to hear from Frank,” the juror said.

Ultimately, the juror said they found testimony from the brothers hired to attack Smollett to be more convincing. Abimbola and Olabinjo Osundairo gave damning testimony that Smollett had paid them to carry out the task of roughing him up and slipping a noose around his neck after dousing him in bleach. They also claimed that Smollett had walked them through a “dry run” days before.

Rubbing salt in the wound, the juror said Smollett’s defense attorney Nenye Uche seemed to be “just shooting from the hip” with his approach to the trial. He threw out unsubstantiated claims that didn’t sit well with the juror, like a claim that the Osundairo brothers wanted a $2 million payout from Smollett to change their story.

In contrast, prosecutor Dan Webb had a “methodical, plodding” style that made his argument seem water-tight, the juror said.

Uche said she would be appealing due to the jury’s “inconsistent’ verdict. “You cannot say Jussie is not lying for the same exact incident,” she said in a statement.

But the juror explained why they only delivered guilty verdict on four or five charges.

“We were told it was an aggravated battery because [Smollett] said they were wearing a mask,” the juror said. But “in all [of Smollett’s] accounts of what happened, he mentioned a mask.”

She added: “I just hope that [Smollett and his attorneys] know that we went in there with an open mind. I listened to both sides. We wanted to make sure that those who had doubts didn’t feel pressured.”

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Chicago police chief wouldn’t have arrested Smollett if he’d apologized

The Chicago police chief who arrested Jussie Smollett for staging a race-baiting attack on himself said Friday that he would have let the actor go free if he’d just apologized and admitted that he was lying early on.

Eddie Johnson, head of the Chicago Police Department in 2019, wouldn’t have pursued charges against the “Empire” actor if he’d simply admitted he’d made it all up, he told “Morning in America.”

“I want people to understand this. This was not the most heinous crime of the century. He didn’t kill anybody. He didn’t blow up a building,” Johnson said.

“We would have been more than happy with just an apology at the end of all that we uncovered but for some reason, he just wanted to keep going down this road that he was actually a victim.”

Smollett was found guilty Thursday on five counts of felony disorderly conduct for filing a false police report claiming he’d been jumped by a pair of racist and homophobic attackers in January 2019.

The former “Empire” actor was found guilty on five of six felony charges on Dec 10.
AP / Matt Marton

While on the case, Johnson — who was later fired for misconduct in December 2019 after he was found drunk in a parked patrol car — said he knew quickly that Smollett was lying about being brutalized. 

The former top cop said a video showing the actor with a noose hanging around his neck at his home, long after the crime was committed, was the first red flag.

“I have to be honest, when I first saw the video of him in his apartment with the noose around his neck I was concerned because I don’t think there’s many black people in America with a noose around their neck and wouldn’t immediately take it off,” said Johnson, who is also black.

“And the way he was so nonchalant handling it gave me cause for concern. But I would not let the police department make him an offender until the evidence just got to be so overwhelming,” he said.

Police body cam footage captured Smollett wearing a noose after the staged attack.
CPD

He added, “To use a symbol like a noose to promote yourself is just unconscionable to me.”

Another suspicious sign was that Smollett’s Subway tuna sandwich, which he told cops he’d been walking home with at the time of the attack, was still in good shape after the supposed beating.

“He comes back, gets attacked in a supposed hate crime, and during all this scuffle, they poured bleach on him, when he got up and went into his apartment building, he got up and still had that Subway sandwich with him. That doesn’t happen,” Johnson said.

“When people get attacked like that, whatever belongings they have out there, they usually leave it until the police can go back with them because they’re afraid,” he added.

The Osundairo brothers were reportedly paid $3,500 to stage the attack nearly three years ago.
AP / Charles Rex Arbogast

“This guy had the sandwich in his hand and it had never been touched. That was a real tipping point to us that something was amiss,” he said. 

Johnson said police and then-Mayor Rahm Emanuel got fired up about the case because Smollett “stained our city” and wasted police “manpower.” 

But he said he still “made it a point” to treat Smollett like a victim until the evidence was undeniable. 

“As the days went on and we started recovering that video, it became fairly obvious that something was amiss,” Johnson said.

The tipping point was when he arrested and interviewed the brothers Abimbola and Abel Osundairo, who said Smollett had paid them to “fake beat him up.” 

“When we arrested them and brought them in, when I saw the videos of their statements, then I could no longer protect [Smollett],” Johnson said.

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