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    The Jussie Smollett Case Is Probably Far From Over, Analysts Say

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    The Illinois appellate court that ordered Mr. Smollett’s release from jail often takes months, even years, to rule on cases, according to experts.After serving six days of a five-month sentence, Jussie Smollett walked out of Cook County Jail on Wednesday night, flanked by supporters who shepherded him into the back seat of an SUV.Whether or not Mr. Smollett is forced to return to the jail in Chicago to complete his sentence is a question that is not likely to be answered for months — and possibly years.The appellate court in Illinois, which ordered Mr. Smollett’s release, is not built for speed, and it was the anticipated delay in hearing his appeal that led the court order that Mr. Smollett should be free while it deliberates whether he was wrongly convicted of staging a fake hate crime. Several experts said proceedings of all sorts at the court typically take about a year or two years.“This court will be unable to dispose of the instant appeal before the defendant would have served his entire sentence of incarceration,” according to the court’s order, which was signed by two of three justices on the panel.Legal experts in Illinois differed on how common it is for defendants to be released on appeal when they had been ordered to serve relatively short jail sentences and their offenses were nonviolent, such as Mr. Smollett’s.“Let’s say they reverse his conviction — he just did the 150 days for nothing,” said Gal Pissetzky, a criminal defense lawyer with experience on appellate cases.The appeals process tends to drag on because of the time it takes the court to prepare voluminous transcripts from the trial and from pretrial proceedings and requests to delay proceedings.There is also typically a backlog of cases waiting to be heard. In 2020, more than 3,300 cases were pending with the First District appellate court in Illinois, where Mr. Smollett’s case was assigned.“There are a lot of cases — it’s always been that way,” said Joseph Lopez, a criminal defense attorney who has represented high-profile defendants like Drew Peterson, who was convicted of murdering his third wife. “And because he’s not in custody, they’re not going to be in a hurry to get to it.”But experts said Mr. Smollett’s case could proceed faster than normal because it is so high profile and the special prosecutor handling the case, Dan K. Webb, is from a private law firm that is better equipped than a state prosecutor’s office to focus on a specific case and make the sort of timely filings that would accelerate a decision.Dan K. Webb, the special prosecutor in the Smollett case, after the sentencing last week.Anthony Vazquez/Chicago Sun-Times, via Associated PressThe defense’s efforts to secure Mr. Smollett’s release began immediately after Judge James Linn handed down the sentence last week in a blistering takedown of the actor that accused him of potentially undermining the credibility of true hate crime victims.Though the defense asked for an immediate suspension of the sentence pending appeal, Judge Linn swiftly denied their request, citing what he characterized as the seriousness of Mr. Smollett’s offense — staging a hoax in which two men lightly assaulted him while yelling racist and homophobic slurs.“The wheels of justice turn slowly, and sometimes the hammer of justice has to fall,” Judge Linn said in the courtroom. “And it’s falling right here, right now.”Nenye Uche, Mr. Smollett’s lead lawyer, then quickly brought the matter to the higher court, the First District Appellate Court in Illinois, and Mr. Webb’s legal team argued against Mr. Smollett’s release, writing in court papers that according to the defense’s logic, every defendant who received a relatively short sentence would be released pending appeal and that the defense was taking “advantage” of Judge Linn’s lenient jail sentence.Ultimately, judges have the discretion to decide these matters on a case-by-case basis. Experts say it is common for defendants to serve their entire sentence of incarceration before their appeal is resolved, something that critics often condemn as particularly unfair if the appellate court ends up overturning the trial court’s decision.The Smollett case has already stretched on for more than three years, starting in January 2019, when Mr. Smollett reported to the police that two men had attacked him, hurled the slurs at him and placed a rope around his neck like a noose.Two brothers, Abimbola Osundairo and Olabinjo Osundairo, testified during the trial last year that Mr. Smollett had asked them to carry out the attack and instructed them in detail on how to do it. The defense argued that the brothers were lying and seeking to protect themselves from prosecution.Judge Linn said at the sentencing hearing that Mr. Smollett’s decision to maintain his innocence on the stand was an aggravating factor that led him to hand down a sentence that included jail time, more than two years of probation, a $25,000 fine and more than $120,000 of restitution for the Chicago Police Department’s investigatory efforts. The defense argued that Mr. Smollett should not be incarcerated because his offense was the kind of low-level, nonviolent felony that often results in sentences of probation or community service.The defense’s appeal will draw from many stages of the case’s long life, from its objection to the second indictment of Mr. Smollett after the state’s attorney’s office dropped the charges against him in 2019 to the way Judge Linn handled jury selection.Two key arguments the defense is expected to make are that the appointment of a special prosecutor to reassess the case was never valid and that Mr. Smollett was subjected to double jeopardy because he surrendered his $10,000 bond and performed some community service in 2019.Mr. Webb’s office has argued in the past that it was well within the court’s authority to appoint a special prosecutor and that Mr. Smollett was not subjected to double jeopardy because the original case had been dismissed.“We’re very much looking forward to having a nonpolitical discourse with them that is intellectual, that’s understanding of the laws,” Heather Widell, one of Mr. Smollett’s lawyers, said of the appellate court at a news conference on Wednesday night.Mr. Uche said at the news conference that when he told Mr. Smollett about the court’s decision to free him for now, the actor pressed his hands up against the glass separating him and his lawyer in jail, and said, “I nearly lost hope in our constitutional system.”Mr. Uche has said that decision“says a lot about what the appellate court thinks of this case,” but, in the court’s brief order, the justices made no mention of whether they had considered the merits of the appeal in making their ruling. 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      Jussie Smollett to Be Released From Jail On Appeal, Court Orders

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      The appellate court ruled that he be released on bond pending his appeal of a judge’s sentence that he serve five months in jail.An Illinois appellate court ruled Wednesday that the actor Jussie Smollett be released from jail on bond pending his appeal of his conviction for falsely reporting that he had been the victim of a hate crime.Mr. Smollett was sentenced last week to five months in jail, but his lawyers quickly asked a panel of judges to stay the sentence while they appealed the conviction.Mr. Smollett’s lawyers had argued in court papers that the sentence should be stayed because his term would likely be finished before his appeal was completed and that being incarcerated threatened his health and safety.Nenye Uche, Mr. Smollett’s lead lawyer, said in a video posted to his client’s Instagram account, “They released him and that says a lot about what the appellate court thinks of this case.”In the six days since Mr. Smollett was taken into custody, his family has been pleading for him to be freed and urging the public to call the county to seek his release.“It’s absolutely ridiculous that he’s in there,” said Jocqui Smollett, one of Mr. Smollett’s brothers, in an Instagram video. “You should be terrified of the precedent this sets.”Prosecutors, who had argued at sentencing that Mr. Smollett’s offense warranted incarceration, wrote in court papers that by the defense’s logic, every short term of imprisonment would be stayed pending appeal.“That simply is not, and cannot be, the rule,” wrote Sean Wieber, one of the prosecutors.Two out of three of the justices on the appellate panel agreed that Mr. Smollett should be released from custody after he posts a $150,000 recognizance bond, agreeing with the defense’s argument about the short sentence and acknowledging that Mr. Smollett’s offense was nonviolent. One justice dissented.Mr. Smollett’s incarceration on Thursday started with his announcement in the courtroom as he was led to jail that he was not suicidal and that if anything happened to him, it would not have been by his own hand, a statement that appeared to put the authorities on notice. He also repeatedly declared his innocence.Judge James B. Linn granted his lawyers’ request for protective custody, and according to the Cook County Sheriff’s Office, Mr. Smollett was being kept in a private cell in the Cook County Jail with security cameras and an officer stationed at the entrance.His family had been arguing on social media that he was the target of “vicious threats” on social media and was at risk. They expressed concerns about his treatment in the jail. Jocqui Smollett said on Tuesday that his brother had been sleeping in a “restraint bed” but had recently been moved to a cell that “actually has a bed.”Mr. Smollett’s appeal is based, in part, on the idea that the actor’s recent sentence violated the legal concept of double jeopardy because he had already surrendered a $10,000 bond and performed some community service in 2019. Prosecutors have argued that those measures were voluntary and not a punishment.The case drew national attention, and Mr. Smollett was initially widely viewed as the victim who had been beaten and targeted with racial and homophobic slurs. Then the police began to question his version of events.At the trial, prosecutors told the jury that Mr. Smollett had instructed two brothers, Abimbola Osundairo and Olabinjo Osundairo, to attack him near his apartment in Chicago, where they placed a rope around his neck like a noose and yelled, “This is MAGA country.”Both brothers testified. Abimbola Osundairo, the younger of the brothers, said Mr. Smollett had asked him to “fake beat him up.”The prosecution’s evidence included video surveillance of the men meeting up for what the brothers said was the “dry run” and Instagram messages from Mr. Smollett to Abimbola Osundairo shortly before the attack in which the actor provided updates on the timing of his flight back to Chicago.The defense disputed that Mr. Smollett had planned the attack, arguing that both the messages and the footage were evidence that he had been interacting with Abimbola Osundairo because he had been providing the actor with fitness training.Mr. Smollett, 39, who in 2019 was best known for starring in the music-industry drama “Empire,” maintained his innocence during the trial.During seven hours of testimony over two days, he insisted that the attack had occurred as he described. But both prosecutors and Judge Linn had cited Mr. Smollett’s testimony as an aggravating factor that led them to pursue incarceration.Judge Linn called Mr. Smollett’s hours on the witness stand, during which he denied planning the attack, “pure perjury.”Bob Chiarito contributed reporting. More

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      Jussie Smollett, Once an ‘Empire’ Star, Is Now in the Cook County Jail

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      On Thursday evening, Mr. Smollett began serving a five-month sentence for falsely reporting a hate crime, a conviction he plans to appeal.It was an extraordinary ending to an unusual hearing.Jussie Smollett, sentenced to five months in a Chicago jail, stood up, defiantly declared his innocence and repeatedly warned the room that he was not suicidal and, if anything should befall him while incarcerated, it would not be his own doing.Then, with his right fist raised, Mr. Smollett was led off to become likely the most famous of the 6,000 inmates at the Cook County Jail.The jail primarily houses defendants awaiting trial, but also convicts serving shorter sentences, like Mr. Smollett, 39, who was booked into Division 8, a facility that is used to administer medical and mental health treatment, as well as house inmates who require protective custody.Mr. Smollett has a private cell, which is monitored by security cameras and an officer stationed at the entrance, according to the Cook County Sheriff’s Office. He will be allowed “substantial time” outside of his cell to talk on the phone, watch television and interact with staff members in common areas, but only when other detainees are not present, the office said.Judge James B. Linn, who presided over the trial at which the actor was convicted of falsely reporting a hate crime, had ordered that Mr. Smollett serve his jail term under protective custody.Mr. Smollett’s lawyer Nenye Uche had said after Thursday’s hearing that his client was vulnerable and deserved special protective measures. “All you need to do is log onto various media, social media, to see some of the nasty things said about him,” Mr. Uche said. “Of course someone like that should be in protective custody.”Supporters have said the actor is particularly vulnerable to being targeted because he is a gay man and a recognizable celebrity.Understand the Jussie Smollett CaseThe actor Jussie Smollett was found guilty in December of falsely reporting that he had been the victim of a racist and homophobic assault in 2019.Timeline: The case began with the actor’s police report and led to a trial in which he was accused of staging the attack himself.Smollett’s Testimony: Mr. Smollett was self-deprecating and animated as he sought to convince a Chicago jury he was the victim of a real attack.What the Evidence Shows: Explore some of the documents and security camera footage related to the case.His Sentence: The actor was sentenced to five months in jail on March 10. His supporters had made impassioned pleas for leniency ahead of the sentencing hearing.In arguing for leniency at the hearing, Mr. Smollett’s lawyers had emphasized evidence of Mr. Smollett’s good character and said they supported his contention of innocence, urging he be given a new trial or, at the least, probation. They did not mention in their arguments a concern about the specific realities of incarceration at the Chicago jail, which some social justice advocates have described as having a “culture of brutality and violence” in the highest security units.Mr. Smollett’s unit is not among those cited.Criminal defense experts said they thought the jail would likely do everything it could to isolate Mr. Smollett from other prisoners, considering his fame and potential to disrupt day-to-day activities there, which for many inmates include communal meals in the commissary.“They’re going to put him wherever they would have the least amount of disruptions to the rest of the facility,” said Steve Greenberg, a defense attorney in Chicago who represents the singer R. Kelly against sex crime charges in Illinois. Mr. Kelly was once held in the division where Mr. Smollett resides.Mr. Smollett’s lawyers had asked the judge to defer Mr. Smollett’s sentence until after they have appealed his conviction. But Judge Linn swiftly denied their request. In addition to the jail time, Mr. Smollett was sentenced to more than two years of probation, plus a fine of $25,000 and restitution of more than $120,000 to offset the city’s cost in investigating the case.The maximum sentence allowed for the offense for which Mr. Smollett was charged, felony disorderly conduct, is three years in prison, but many of those convicted are given probation. Judge Linn cited several factors, including Mr. Smollett’s testimony on the witness stand, which the judge described as “pure perjury,” in explaining why he ordered some jail time.Sam Mendenhall, a prosecutor on the case, said on Friday that he believed Mr. Smollett would not have the option of reducing his jail time for good behavior because Judge Linn ordered it as a condition of probation.Mr. Smollett in a photo taken after he was incarcerated Thursday. He was sentenced to five months at the Cook County jail. Cook County Sheriff’s Office, via Associated PressThe Cook County Sheriff’s Office said in a statement on Thursday that Mr. Smollett would receive a “comprehensive medical, mental health and security assessment.” Mr. Smollett’s sentencing hearing at Leighton Criminal Courthouse was unusual in its length — about five hours — and its intensity, with the defense, the prosecution and even the judge making impassioned speeches about the case.Mr. Smollett’s supporters, including his 92-year-old grandmother and his former boss at a nonprofit organization, made glowing remarks about his commitment to social justice as they pleaded for leniency.In his own extensive remarks, Judge Linn took another tack, sharply condemning Mr. Smollett as a narcissistic attention seeker who wasted precious police hours with his “stunt” and made it more difficult for real hate crime victims to be taken seriously.“Your very name has become an adverb for lying,” Judge Linn said. “And I cannot imagine what could be worse than that.”Mr. Uche later said he was “offended” by the remarks, and outside the courtroom, one of Mr. Smollett’s brothers, Jocqui Smollett, sharply criticized the judge.“He chastised my brother,” Mr. Smollett said. “He does not deserve this. He was attacked.”Cook County Jail has drawn criticism for conditions in some of its units, but Mr. Smollett will be held in protective custody by order of the judge who sentenced him. Kamil Krzaczynski/Agence France-Presse — Getty ImagesThe police believed initially that Mr. Smollett, best known for starring in the music-industry drama “Empire,” had been the victim of a hate crime when he reported on Jan. 29, 2019, that he had been attacked by two men who hurled racist and homophobic slurs at him, put a rope around his neck like a noose and shouted “this is MAGA country.” But prosecutors presented evidence that Mr. Smollett had orchestrated the hoax himself, including testimony from two brothers, Abimbola Osundairo and Olabinjo Osundairo, who said they had mildly assaulted Mr. Smollett according to his directions.The defense had argued that the brothers carried out the attack to scare Mr. Smollett into hiring them as his security detail. Mr. Smollett’s appeal is likely to follow the arguments raised by his lawyers Thursday, in which they cited what they described as errors by the judge and the prosecutors, and suggested Mr. Smollett’s case had already been adjudicated once and he could not be punished twice — a violation of the legal concept of double jeopardy.In 2019, when prosecutors dropped the original charges, Mr. Smollett did some community service and surrendered his $10,000 bond payment, punishment that seemed insufficient to some critics.Kim Foxx, the state’s attorney whose office negotiated that initial outcome, sharply criticized the prosecutors who handled the second indictment in an op-ed for The Chicago Sun-Times on Thursday, calling it a “kangaroo prosecution” and “mob justice.” (After an investigation of Ms. Foxx’s office, Daniel K. Webb, the special prosecutor who handled the case, found the office had abused its discretion, but did not violate the law, in deciding to drop the charges.)Lori Lightfoot, the mayor of Chicago, struck a very different tone, saying in a statement that the city had been “vindicated” by the judge’s sentence.Mr. Webb said after the sentencing that he was struck by the extent to which Mr. Smollett was unwilling to express any remorse for the damage he had done.“Again today,” he said, “after he’s been convicted by a jury of five felony counts, after he heard a judge today excoriate his conduct as being reprehensible, he still stood up in the courtroom and insisted that he’s not going to ever admit or accept any responsibility for what he did.” More