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The 2-1 ruling by a three-judge panel noted
that Smollett's conviction was for a non-violent offense and
said he could be released upon posting a $150,000 recognizance
bond. It was unclear when Smollett might walk free.
Smollett has spent six nights in jail since a Cook County judge
sentenced him to 150 days of confinement plus 30 months of
probation, ordered him to pay over $120,000 in restitution, and
fined him $25,000.
In December a jury found Smollett, 39, guilty of five counts of
disorderly conduct for falsely telling police he was accosted on
a dark Chicago street by two masked strangers in a racist and
homophobic attack in January 2019. The investigation revealed
that Smollett, who is Black and gay, paid two men to stage the
attack.
Despite maintaining his innocence, Smollett lost his role as a
singer-songwriter in the final season of "Empire," a Fox
television hip-hop drama that ended a five-year run in 2020.
(Reporting by Daniel Trotta; Editing by Leslie Adler)
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