Appeals court to rule if Jussie Smollett should stay in jail

Jussie Smollett's attorneys want the actor released from jail while they appeal his conviction of lying to Chicago police about a racist and homophobic attack and the 150-day jail sentence a judge handed down

CHICAGO -- Jussie Smollett's attorneys say they're planning to appeal nearly everything that went on in court over the last few months — from the actor's December conviction of lying to police to the 150-day sentence a judge imposed last week. And they want the actor to be released from jail immediately rather than wait for the outcome.

Now, the issue of whether Smollett must sit in jail during these planned appeals is before a state appeals court and while the appeals could take months to resolve, the question of whether Smollett remains locked up will be resolved much quicker.

That's because Smollett's attorneys have asked in a motion to the First District Court of Appeals to suspend the jail sentence and allow Smollett to post bond so that he can be out of custody during the appeal process. And they asked the court to postpone Smollett's ordered payment of $140,000 in fines and restitution that Cook County Judge James Linn ordered as part of his sentence.

The way Smollett's attorneys see it, such an order is justified because it's almost certain that Smollett would complete his 150-day jail sentence — which could shrink to 75 days if he behaves himself in jail — before the appeals on the conviction and sentence are decided. They also say it's important that Smollett be released because they are worried about his mental health if he remains in protective custody in jail and are concerned that he could be attacked by other inmates.