Jussie Smollett’s Appeal: Punishment begins with first night in Cook County Jail; The actor shouted “I’m not a suicide” after the verdict

CHICAGO (WLS) – Jussie Smollett has filed an appeal after spending his first night behind bars after a judge sentenced him to five months in prison for lying to police about a bogus hate crime.

The Cook County Sheriff’s Office said in a written statement that Smollett is now in protective custody at the Cook County Jail.

“Mr. Smollett is not being held in solitary confinement,” the sheriff’s office wrote. “The use of solitary confinement in the Cook County Jail was repealed in 2016, and any allegations that he is being held in this manner are false. Mr. Smollett is being held in his own cell, which is monitored by surveillance cameras in the cell and by a body-worn officer who is stationed at the entrance to the cell to ensure that Mr. Smollett is under direct observation at all times.As with all persons in custody, Mr. Smollett is entitled to spend extensive cell time in the public areas of his class, where he may use the telephone, watch television, and interact with staff.During these times outside the cell, Other detainees will not be in common areas.These protocols are routinely used for individuals ordered to be placed in protective custody who may be at risk of harm due to the nature of their charges, occupation, or noteworthy status.The safety and security of all detained individuals, including Mr. Smollett, is a priority. Sheriff’s Office maximum.

Watch | Jussie Smollett’s emotional outburst in court

Thursday’s session ended in a big way as Smollett rose from his seat and declared his innocence and concern for his safety.

The 39-year-old was expressionless, and his family and others in the courtroom were shocked when Cook County Judge James Lane delivered the verdict.

“You will serve the first 150 days of your sentence in Cook County Jail, and that day will begin. Right here, now,” Judge Lane said.

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In considering the sentencing, Lane said that Smollett’s “extreme” premeditation to commit the crime was an aggravating factor. He also said that the actor had denigrated the experiences of real hate crime victims, calling him an “impostor” and a liar.

“You went up on the witness stand. You didn’t have to. You did it. You certainly had a right to it. But you committed hour after hour after hour of pure perjury,” said Lin.

Watch | Judge Lin’s full comments on the verdict

While in prison, Smollett also began 30 months of probation in addition to being ordered to pay more than $120,000 in damages to the City of Chicago and a $25,000 fine.

Then the disgraced representative addressed the court.

“I’m not suicidal,” Smollett said. “I’m not a suicide! I’m innocent! And I’m not a suicide. If I do this, it means I got my fist in the fears of black Americans in this country for 400 years and the fears of the LGBTQ community. Honor, I respect you, and I respect the jury, but I didn’t do this, and I’m not suicide.” And if anything happened to me when I got in there, I didn’t do it myself! And you should all know which-that!”

The verdict came three months after Smollett was found guilty of five counts of felony disorderly conduct for lying to Chicago police.

“I didn’t think it would take this long, but the judge made it clear that he sees this crime as more than a simple felony, he sees it as harming hate crime victims everywhere,” said ABC7 legal analyst Gil Souffer.

Smollett was still proclaiming his innocence as he was taken out of court after the verdict was pronounced.

“I am innocent!” He said. “I could have said I was guilty a long time ago!”

Smollett requested that he be placed in protective custody and Lane signed an order requesting it, according to court documents filed after the hearing. The decision, though, is ultimately up to the sheriff’s office, which runs the prison and has a lot of leeway in how it manages a population of just over 6,000 detainees.

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Smollett is being held in his own cell, which is monitored by CCTV and a camera-clad officer to ensure he is under close surveillance at all times, according to the Cook County Sheriff’s Office.

“Mr. Smollett is not being held in solitary confinement. The use of solitary confinement at the Cook County Jail was repealed in 2016, and any allegations that he is being held in this manner are false. Mr. Smollett is held in his cell alone, which is monitored by security cameras in the cell and by an officer wearing a body-worn camera He is stationed at the entrance to the cell to ensure that Mr. Smollett is under direct observation at all times. As with all persons in custody, Mr… Smollett is entitled to spend significant time outside his cell in the common areas of his class, where he is able to use the telephone watching television and interacting with staff.During these times outside of the cell other detainees will not be present in the common areas.These protocols are routinely used for individuals ordered to be placed in protective custody who may be at risk of harm due to the nature of their charges, occupation or noteworthy status. Safety and security of all detained individuals, including Mr. Smollett, is the Sheriff’s Office’s highest priority.”

This measure is neither unexpected nor unusual: high-profile detainees and other vulnerable detainees are usually separated from the general prison population.

Watch | Family defends Jussie Smollett’s innocence after sentencing

The ruling angered Smollett’s family, who criticized the judge after the verdict was pronounced.

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“My brother Josie is innocent, and this shouldn’t be a controversial statement because it’s the ultimate truth,” Josie’s sister, Jazz Smollett, said.

“My brother was disgraced,” said Josie Smollett, Josie’s brother. “Talk about his arrogance. He doesn’t know the suffering my brother is going through.”

Report on Kim Foxx’s office handling of Jussie Smollett’s case made public, judge rules

Meanwhile, Special Prosecutor Dan Webb praised the judge.

“This was a course of behavior that deserved severe punishment,” Webb said. “I thought it was the right way to do it. And I think based on his sentencing, Judge Lin clearly understood what happened in this case.”

Smollett’s defense team said they were stunned and vowed to appeal.

“I have never seen in my entire career as a lawyer, and none of the other lawyers here have seen a situation where a fourth-degree felony gets the same treatment as a violent crime,” defense attorney Nene Uchi said.

Chicago Mayor Lori Lightfoot applauded the judge’s ruling, writing: “Josie Smollett’s criminal conviction by a fellow jury and sentencing today should send a clear message to everyone in the city of Chicago that false allegations and allegations will not be tolerated. The malicious and fabricated allegations have been fully led Smollett has provided more than 1,500 hours of police work that has cost the city more than $130,000 in overtime police work. The city feels that its judgment today has been validated in that he will be held accountable and that we will receive appropriate compensation for his actions.”

Related: Jussie Smollett Verdict: ‘Empire’ actor guilty of disorderly conduct; Defense vows appeal

The Sun Times MediaWire contributed to this report

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