Convicted felon and former “Empire” actor Jussie Smollett clearly doesn’t want to serve his 150 day jail sentence, if his legal teams’ attempt to free him is any indication.
Smollett is less than a week into his five-month sentence, and his lawyers have already filed an emergency motion to postpone his incarceration, while they appeal his five felony count conviction for lying to the police.
The court documents claim that his life is at risk due to an array of reasons that include social media harassment, threats made to the Smollett family, his mental health, and poor immune system.
“Mr. Smollett has become the target of vicious threats in the social media forums which no doubt reflects the hatred and wish for physical harm towards Smollett which he may experience during incarceration,” the filing reads.
On Monday, his legal team shared a voicemail that Smollett’s emergency jail contact received the day after he was sentenced for faking a hate crime.
“I hope what they do to that guy in jail — here’s what they’re going to do, right. They’re going to take a broom handle, and take that little [expletive], shove it in there, and he’s gonna go, ‘[shrieking sound],’” a man’s voice could be heard saying.
Smollett is currently being held in protective custody, which grants his own cell that is monitored by security cameras and has a corrections officer stationed at the door for his safety.
He is allowed to access the jail’s common areas, to watch television and use the phone, without the presence of other inmates. Despite the extra protection, his legal team feels that even those measures are a threat to their client.
“Mr. Smollett anticipates he will most likely be assigned to segregated incarceration or protective custody, both euphemisms for solitary confinement; a situation which could have extraordinary damage on his mental health,” the filing stated. “As a result, any custodial setting poses a safety and health danger to the life of Mr. Smollett.”
Lastly, his attorney’s are concerned how COVID-19 could harm their client’s physical health. A medical doctor swore in an affidavit that jail “poses a potentially deadly risk” to Smollett’s health status, as he allegedly suffers from “compromised immunity.”