Jussie Smollett is out of prison.
The 39-year-old actor was granted permission on Wednesday (16.03.22) to leave Cook County Jail just six days into his 150-day sentence while he appeals his conviction for lying to police over a hate crime attack and he has now been pictures leaving the facility and getting into a waiting car.
The former 'Empire' star didn't speak to waiting reporters on his release but his attorney, Nenye Uche, said it was a "disgrace" his client had been locked up at all.
He said: "We've been complaining about the disparate treatment of African Americans in the judicial system regardless of what you think about this case. Some people might think Mr. Smollett is guilty. I disagree.
"But a real question is should Black men be locked into jail for a class four felony. Shame on you if you think they should. That's a disgrace. It's wrong.
The lawyer also said Jussie hadn't eaten in six days, consuming only iced water.
He added: "Maybe he knew spiritually something we didn't know"
In a separate statement, Nenye branded his famous client's conviction "unconstitutional".
He said: "We are very pleased with the ruling made by the Illinois First District Appellate Court. We are pleased that sensationalism and politics will be put aside and we can finally have an intellectual discussion about our laws with our esteemed appellate court.
"Three years ago, Jussie and the State of Illinois reached a deferred prosecution agreement in which he paid a ten thousand dollar fine and performed community service. As a result, the case was dismissed. To be recharged and prosecuted for the exact same thing, a second time, is not just morally wrong, but certainly double jeopardy and thus unconstitutional. Especially as it concerns an innocent man."
Jussie - who has insisted he is innocent - was freed after his lawyers argued he would have already completed the sentence by the time he would have been able to appeal the conviction.
The fact he was convicted of a non-violent crime also weighed into the decision.
He had to post a bond of $150,000 to leave jail, but will start the sentence from scratch if he loses his appeal.
As well as the prison term, the actor was ordered to pay over $120,000 in restitution and a $25,000 fine and placed on probation for 30 months.
