CHICAGO — Former “Empire” star Jussie Smollett has been released from jail pending an appeal of his conviction for lying to police.
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Update 9:04 p.m. EDT March 16: Smollett left the Cook County Jail in Chicago on Wednesday night, The Associated Press reported shortly after 9 p.m. EDT.
Original report: A court has ordered that former “Empire” star Jussie Smollett be released from jail during an appeal of his conviction for lying to police, The Associated Press reported Wednesday.
The news came less than a week after Cook County Judge James Linn sentenced Smollett to 150 days of jail time and 30 months of probation for lying to police in 2019, when he claimed he was the victim of a homophobic and racist attack in Chicago. Smollett, who was convicted in December of five felony counts of disorderly conduct, also was ordered to pay $120,106 in restitution and an additional $25,000 fine at his sentencing hearing Thursday, the AP reported.
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Although Smollett, 39, had been ordered to begin serving his jail time immediately, an appeals court ruled 2-1 on Wednesday that he could be released on a personal recognizance bond, according to the news agency. Smollett’s lawyers, who argued that the actor would be at risk of harm in jail, said Smollett would have completed his sentence before the appeals process was finalized. But the special prosecutor said that argument was “factually incorrect,” the AP reported.
It wasn’t immediately clear when Smollett would be released from jail, according to the AP .
– The Associated Press contributed to this report.
Photos: Jussie Smollett released from jail pending appeal Actor Jussie Smollett, center, leaves the Cook County Jail Wednesday, March 16, 2022, 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 in Chicago. (AP Photo/Charles Rex Arbogast) Photos: Jussie Smollett released from jail pending appeal Actor Jussie Smollett, center, leaves the Cook County Jail Wednesday, March 16, 2022, 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 in Chicago. (AP Photo/Charles Rex Arbogast) Photos: Jussie Smollett released from jail pending appeal Actor Jussie Smollett, center, leaves the Cook County Jail Wednesday, March 16, 2022, 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 in Chicago. (AP Photo/Charles Rex Arbogast) Photos: Jussie Smollett released from jail pending appeal Actor Jussie Smollett, center, leaves the Cook County Jail Wednesday, March 16, 2022, 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 in Chicago. (AP Photo/Charles Rex Arbogast) Photos: Jussie Smollett released from jail pending appeal Actor Jussie Smollett, center, leaves the Cook County Jail after he was ordered to be released late Wednesday, March 16, 2022, pending appeal of his conviction and 150-day sentence for staging a fake hate crime on himself in Chicago. (Armando L. Sanchez/Chicago Tribune/Tribune News Service via Getty Images) Photos: Jussie Smollett released from jail pending appeal Former "Empire" actor Jussie Smollett (second from left) is released from the Cook County Department of Corrections detention center on March 16, 2022, in Chicago. (Scott Olson/Getty Images) Photos: Jussie Smollett released from jail pending appeal Former "Empire" actor Jussie Smollett (center) is released from the Cook County Department of Corrections detention center on March 16, 2022, in Chicago. (Scott Olson/Getty Images) Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett is led out of the courtroom after being sentenced at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool) Photos: Jussie Smollett sentenced to 150 days in jail This booking photo provided by the Cook County Sheriff's Office shows Jussie Smollett. (Cook County Sheriff's Office via AP) Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett speaks to Judge James Linn after his sentence is read at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool) Photos: Jussie Smollett sentenced to 150 days in jail Deputy special prosecutor Sam Mendenhall speaks during a sentencing hearing for actor Jussie Smollett on at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool) Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett, left, appears at his sentencing hearing at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool) Photos: Jussie Smollett sentenced to 150 days in jail Rich Daniels, former music director for the TV show "Empire," testifies for the defense during a sentencing hearing for actor Jussie Smollett at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool) Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett appears at his sentencing hearing at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool) Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett appears at his sentencing hearing at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool) Photos: Jussie Smollett sentenced to 150 days in jail Judge James Linn speaks during a sentencing hearing for actor Jussie Smollett at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool)via AP, Pool) Photos: Jussie Smollett sentenced to 150 days in jail Actor Jussie Smollett appears with his attorneys at his sentencing hearing at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool) ©2022 Cox Media Group