They claim several factors should be considered in releasing him, including threats sent to his family, and they cite that it affects his mental health.
The lawyers claim Smollett is in harm’s way if he must complete his sentence. They fear that other inmates will target and hurt him, evidenced by a voice call they allegedly received.
The recording includes someone stating that they hope Smollett is abused while in jail. The family says they have received similar calls and messages demonstrating hatred toward 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.
They also feel that he has already been punished, which 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.