An Illinois state appellate court determined Wednesday that Jussie Smollett can be released on bond while his lawyers appeal his hate crime conviction.
The decision came two days after Smollett’s attorneys submitted an emergency plea to postpone the actor’s five-month sentence after he was found guilty of five counts of felony disorderly conduct for lying to police.
According to the court ruling, because Smollett was convicted of “non-violent” acts, a judge determined that he may be released from a Chicago jail on a $150,000 individual bond during his appeal. Smollett would not have to dip into his pockets to get out of jail under the provisions of the I-Bond, and would only owe money if he failed to pay his bond.
In the state’s response to Smollett’s application for release, Webb wrote that Smollett did not give any solid proof that he was in danger and instead used “cursory, inadequately undeveloped arguments” to influence the court.
Lawyers said the 39-year-old was in danger in jail because he is immunocompromised and had received threats as a result of his high-profile conviction in December.
Following Monday’s motion, he was moved to a different detention cell with surveillance and was kept away from other convicts.
Smollett claimed he was assaulted by a gang of bigots in Chicago in 2019, but a jury determined he hired two co-workers from his show “Empire” to assault him in order to raise his public profile and promote his acting career.
Throughout the trial, the actor maintained his innocence and warned the court that he was in risk of being killed in prison during his sentencing.