Attorneys for Jussie Smollett were back in court Monday to try another maneuver to spring their client from jail.
According to TMZ, lawyers for the Empire actor have filed an emergency motion Monday asking a judge to release Smollett from jail while he is waiting for his appeal. They claim several factors should be considered in releasing him, including the actor getting threats sent to his family as well as it affecting his mental health.
The lawyers have stated Smollett is in harm’s way if he has to complete his sentence. They fear that other inmates will target and hurt him as evidenced by a video that was submitted of a voice call they allegedly received. The recording includes someone stating that they hope he is abused while he is in there. The family says they are receiving similar calls and messages that demonstrate hatred towards Smollett.
His representatives have submitted an affidavit from a doctor who states that Smollett has a higher risk to contract COVID-19 while he is in prison because he has a compromised immune system. In the document, he cites the high rate of cases in the prison system as the cause of concern for Smollett’s health.
His attorneys also argue that the actor having been placed in protective custody can have an effect on his mental health. They liken him being in protective custody akin to being in solitary confinement.
They also feel that he has already been punished n the case and this amounts to unconstitutional double jeopardy.
Last week, Smollett was sentenced to 150 days in jail, 30 months of felony probation, and ordered to pay restitution of more than $120,000. Smollett was also charged a $25,000 fine for lying on police reports in a fake hate crime hoax.
Smollett’s brother, Jocqui, has also stated on Instagram that his brother has been placed in a psych ward at Cook County Jail but denies that he has suicidal ideations.
Jocqui shared that they are concerned because a note was attached to his paperwork and placed on the front of his cell saying that he’s at risk of self-harm.
Attorneys for Jussie Smollett Team Requests Release Due to Threats, COVID-19 and Mental Health Concerns