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- Jussie Smollett Seeking Treatment Amid Appeal in False Police Report Case | E! News E! News
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Bill Maher calls Hasan Minhaj the Jussie Smollett of stand-up on “Real Time” – Salon
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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
‘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.
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Jussie Smollett has been released from jail pending an appeal of his conviction
“There is no room for politics in our court system,” defense attorney Nenye Uche said in a news conference shortly after the actor’s release. “Regardless of what you think about this case … the real question is, should Black men be walked into jail for a Class 4 felony?”
“That’s a disgrace,” the attorney added. Uche, as well as other attorneys from the team who spoke Wednesday, criticized the judge who sentenced Smollett last week. Cook County Judge James Linn spoke to the actor for more than half an hour, criticizing his actions.
“The judge spent a great deal of time chastising, berating my client,” Uche said. “I’ve never seen that before.”
Over the past six days in jail, Smollett did not eat anything besides ice water, Uche said.
The appeals court order, entered on Wednesday, says Smollett “shall be released from custody … upon posting of a personal recognizance bond (I Bond) in the amount of $150,000.” A personal recognizance bond in Illinois means that a person is released on the condition that they will attend all required future court proceedings, usually without having to pay any money.
Smollett’s defense filed the emergency motion last week, arguing he would be “irreparably harmed” if he serves a sentence for convictions that may be reversed, adding that he will likely serve his jail time before the completion of his appeal.
The attorneys added that exposure to Covid-19 is a serious risk because Smollett is immunocompromised.
The court granted the attorneys’ motion, reasoning that it would be “unable to dispose of the instant appeal before the defendant would have served his entire sentence of incarceration.”
In their response filed Wednesday, prosecutors vehemently disagreed with the defense’s reasoning, arguing that there is “no emergency that warrants the extraordinary relief” of delaying Smollett’s sentence while his appeal is pending.
“Mr. Smollett asserts that he is entitled a stay because he will most likely serve his short, 150-day jail sentence before his appeal on the merits is decided,” part of the response read. “According to this logic, every defendant sentenced to a term of imprisonment less than a few years would automatically receive a stay pending appeal.”
Smollett had an outburst in court last week
Smollett was found guilty in December on five counts of felony disorderly conduct for making false reports about what he said was an anti-gay and anti-Black hate crime.
The actor, who is Black and gay, told Chicago police that two unknown men attacked him on one January 2019 night, yelled racist and homophobic slurs at him, poured bleach on him and wrapped a noose around his neck. But investigators said they determined the actor orchestrated the attack and paid two brothers he knew from the Fox drama series to stage the act for publicity.
Smollett maintained his innocence under oath during his trial.
But during last week’s sentencing, Judge James Linn told Smollett, “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.”
The judge spoke for more than half an hour during the proceeding, telling the actor that while many people vouched for Smollett and his character and asked the judge for a lenient sentence, Smollett’s premeditation in the act he orchestrated was an “aggravating factor” in the case.
“You do have quite a record of real community service,” the judge said Thursday. “I’m mindful of pleas of mercy, particularly from people that are in the arena.” But, ultimately, the judge said, this act showed Smollett’s “dark side.”
Following the announcement of his sentence, Smollett addressed the judge, saying “I did not do this,” before turning to the court and exclaiming he was not suicidal, and that “if anything happens to me when I go in there, I did not do it to myself. And you must all know that.”
The judge ordered Smollett to be held in protective custody “by Mr. Smollett’s request and this court’s recommendation,” CNN previously reported.
On Friday, the actor was 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 Cook County Sheriff’s Office said, stressing that the actor was not being held in solitary confinement.
Attorney calls charges unconstitutional
Smollett was initially indicted in March 2019 on 16 counts of felony disorderly conduct after police determined his reports were false.
In a stunning reversal days later, prosecutors announced they were dropping all charges. In a Chicago Sun-Times op-ed published last week, Cook County State’s Attorney Kim Foxx defended her office’s decision, saying Smollett had already forfeited a $10,000 bond, had not been accused of a violent crime before and had paid a “reputational price” for what he did. The incident effectively ended Smollett’s acting career.
Dan K. Webb, the special prosecutor later assigned to the case, announced he would further prosecute Smollett. In February 2020, a Cook County grand jury returned a six-count indictment against the actor for making false reports — five counts of which Smollett was eventually convicted of and sentenced for.
A disorderly conduct charge for a false crime report is a Class 4 felony and punishable by up to three years in prison and a $25,000 fine.
Webb said last week he was “extraordinarily pleased” with the sentence Judge Linn handed down and that the judge’s comments showed “he clearly has understood … that this was a course of conduct that deserved severe punishment.”
But during Wednesday night’s news conference, Uche, one of Smollett’s attorney’s, called the proceedings in the case unconstitutional, as Smollett had already been charged before, had paid $10,000 and done community service.
“When this case was initially re-indicted, when this case was prosecuted, when this case was sentenced, at each of those steps I wondered to myself whether Chicago has ceded from the Union. Because in this country, you cannot punish a person twice,” the attorney said. “While everyone was focused on the sensationalism surrounding this case, people were not focused on the constitutionality of the prosecution.”
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.
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
Jurnee Smollett Calls For Cook County To “#FreeJussie” – Deadline
Actress Jurnee Smollett has called for Cook County to “#FreeJussie” on the heels of her brother Jussie Smollett’s Thursday sentencing to 150 days in jail for staging a fake hate crime back in 2019.
“Black Americans are incarcerated in state prisons at nearly five times the rate of White Americans. Jussie is innocent,” the younger Smollett wrote on Instagram on Saturday. “And…you don’t have to believe in his innocence to believe he should be free. #FreeJussie #StopLockingUpOurPeople.”
Former Empire actor Jussie Smollett’s incarceration for the Chicago incident, which saw him file false police reports, comes as part of an overall sentence that includes 30 months of probation, $120,106 in restitution to the city and an additional $25,000 in fines. “I am not suicidal. If anything happens to me in [jail], I did not do it,” the actor exclaimed as he was led out of the courtroom upon sentencing. “I am not suicidal, I am innocent!”
Smollett called the police on January 29, 2019, claiming that two men in ski masks had attacked him outside of his apartment building, while spewing racial and homophobic slurs and exclaiming, “This is MAGA Country,” in reference to former President Donald Trump’s “Make America Great Again” slogan. While news of the purported attack initially generated an outpouring of support for Smollett, he later became the subject of a criminal investigation, and was charged by a grand jury with a class 4 felony for filing a false police report in February of that same year. All charges against Smollett were dropped in March of 2019, though a special prosecutor would ultimately reignite the case after outcries regarding light penalties against him.
Smollett’s sentencing came on the heels of his conviction in December of 2021 on five counts of disorderly conduct, associated with his false police reports. His sister Jurnee’s Instagram post can be found below.
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.
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‘I am not suicidal’: Jussie Smollett shouts in courtroom as he is jailed for 150 days over hate crime hoax
Disgraced Empire actor Jussie Smollett was sentenced to 150 days jail for “selfishly, arrogantly and narcissistically” staging a hate crime hoax that a judge said had “destroyed his life” and was designed solely to satisfy his “craving” for attention.
After the sentence was passed, an emotional Smollett stood and repeatedly said: “I am not suicidal, I am not suicidal.”
He continued: “If I did this, then it means that I stuck my fist in the fears of black Americans in this country for over 400 years and the fears of the LGBTQ community.
“Your honour, 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.”
Jussie Smollett repeatedly stated he was not suicidal after being sentenced to 150 days in a county jail during his sentencing in Chicago on Thursday
(AP)
Smollett was also sentenced to 30 months’ probation and ordered to pay $120,106 (£91,700) in restitution and $25,000 (£19,000) in fines.
The 39-year-old had claimed he was attacked in downtown Chicago in the early hours of 29 January 2019 by masked, homophobic MAGA supporters, in a case that made headlines around the world.
But the story unravelled spectacularly when Smollett was charged a month later with lying to law enforcement.
“You’re just a charlatan pretending to be the victim of a hate crime, and that’s shameful,” Judge James Linn said, adding the actor had “thrown a national pity party for himself”.
He said Smollett was earning $2m a year when he staged the fake hate crime, and the only reason he could find for it was that Smollett “craved the attention”.
“You were so invested in social justice… [that] you took some scabs off some healing wounds… and it worked,” he said.
“You have done some real damage.”
Smollett has always maintained his innocence of staging the crime, but was found guilty at trial in December of five out of six felony counts of disorderly conduct.
Judge Linn continued: “There’s nothing that I will do here today that can come close to the damage you’ve already done to your own life.
“You’ve turned your life upside down by your misconduct and your shenanigans.
“You’ve destroyed your life as you knew it and there’s nothing that any sentencing judge can do to you that can compare to the damage you’ve caused yourself.”
Smollett looked directly at the judge as he delivered his lengthy address, showing no emotion.
“You’re the butt of jokes. Comedians, late night TV hosts, they make fun of you,” the judge said.
“I don’t think there is anything funny at all about hoaxing … racial hate crimes.”
During Thursday’s hearing at Cook County Circuit court, the court heard character witnesses from prominent actors, civil rights leaders and Smollett’s family asking for leniency.
A letter from Rev Jessie Jackson read out to the court said Smollett had “already suffered enough”, and said he stood ready to help with the actor’s “journey to atonement”.
“He has been excoriated and vilified in the court of public opinion. His professional reputation has been severely damaged.”
Samuel L Jackson and his wife, LaTanya Richardson Jackson, neither of whom were present in court, wrote that they had known Smollett since he was a young child.
“We have often broken bread with this young man as we discussed the right and wrong ways to live,” the letter, which was read out in court by a friend, said.
“Jussie comes from a good family whom we are proud to know intimately and who we know stand ready to provide the support and monitoring assistance that they can provide for him in an alternative probation scenario.”
Earlier, defence lawyer Tina Glandian again insisted Smollett had been attacked during a near hour-long address to the court as she called for the charges against him to be dismissed.
Ms Glandian also claimed the two brothers who a jury found were paid to stage the attack, Abel and Ola Osundairo, should have been charged as accomplices.
Special prosecutor Sean Wieber responded by saying the trial had “overwhelmingly established Mr Smollett’s guilt beyond reasonable doubt”.
Mr Wieber said Smollett had tried to blame the media, Covid-19, the judge, the jury, and “the entire Cook County judicial system” while ignoring the “plethora of evidence” against him.
Judge James Linn dismissed the defence claims that the two brothers should’ve been charged as accomplices.
“We have to remember why we are here,” the judge said.
Jussie Smollett arrives at the Cook County Circuit Court in Chicago on Thursday
(REUTERS)
“Everything about what happened between he and the brothers, the plan that the jury found happened, the scheme to meet on the street and pretend to beat him and call him names … none of that’s a crime.
“Because Mr Smollett was not only consenting to it, he had orchestrated it, according to the evidence, there is nothing you could find the brothers guilty of.
“The only crime that was at play in this entire scenario was the police report.”
In a lengthy address to the court, Judge Linn said he said he was not sentencing Smollett based on public sentiment.
“I am mindful that there is acute public interest in this case,” he said.
“People are watching, people seem to care passionately for a variety of reasons about this case.
“This is not for the public. The sentence handed down today is specifically for Mr Smollett.”
In an unusual move, a victim impact statement on behalf of the entire city of Chicago was read out by special prosecutor Samuel Mendenhall.
“The city is a victim of Mr Smollett’s crime, because his false report cost CPD to expend scarce resources that could have been devoted to solving actual crimes, increasing public safety,” Mr Mendenhall said.
Prosecutors called for Smollett to pay back $130,106 the city had spent thousands of hours on investigating the hoax during an extremely cold weather event described as a “polar vortex”.
A courtroom sketch during Jussie Smollett’s trial last year
(The Associated Press)
Empire music supervisor Richard Daniels was one of several supporters to give character witnesses on behalf of Smollett.
Mr Daniels said he had seen the actor’s selfless actions in donating his money and time to charitable causes.
Recalling a surprise visit to a public school in Chicago, Mr Daniels said: “The impact he had as a celebrity and as this loving wonderful young man was really quite something.”
He described Smollett as a man who was aware of his good fortune to star in a popular TV show.
“He knew he was a lucky young man,” he said.
“Jussie had an appreciation for that, what he was given was a game-changer for Chicago.”
Jussie’s older brother Jocqui Smollett said he “strongly believed in his brother’s innocence” and called for leniency.
He said Jussie’s career was “ripped away from him”, even before he was tried, as the court of public opinion had decided he was guilty.
“For the last three years, he has had to live in anxiety and in a certain kind of house arrest.”
Jussie appeared to wipe a tear away as his 92-year-old grandmother Molly Smollett took to the witness box to deliver an emotional statement.
“Jussie is loved and respected by all who know him, and I ask the judge not to send him to prison, if you do, send me along with him,” Ms Smollett said.
She chastised the media for not investigating the case properly.
The court heard Smollett had donated $500,000 to non-profit organisations and devoted countless hours of his own time to helping others.
Smollett had faced a maximum of up to three years in prison for each of the five felony counts of disorderly conduct — the charge filed for lying to police — of which he was convicted.
But his lack of an extensive criminal history and the fact the conviction was for a low-level nonviolent crime always made a sentence of probation more likely, legal experts said.
Jussie Smollett after being found guilty at trial of lying to police
(Getty Images)
In December, Smollett was convicted at trial after two brothers testified the actor paid them $3,500 (£2,600) to carry out the attack, gave them money for the ski masks and rope, instructed them to fashion the rope into a noose and then told them exactly what to shout when they carried out the fake attack.
Police arrested the actor a month later, saying he paid the two brothers to stage the attack in an effort to raise his show-business profile. He eventually pleaded not guilty to six counts of felony disorderly conduct.
Smollett, who knew the men from his work on the television show Empire that filmed in Chicago, testified that he did not recognise them.