Jussie Smollett's attorneys: Actor hasn't eaten in 6 days, nearly lost 'hope' in constitutional system

Jussie Smollett walked out of Cook County Jail Wednesday night after an appeals court said he should be released pending the appeal of his conviction for lying to police about a racist and homophobic attack.

A Cook County judge sentenced Smollett last week to immediately begin serving 150 days in jail for his conviction on five felony counts of disorderly conduct for lying to police. 

The appeals court said Smollett could be released after posting a personal recognizance bond of $150,000.

Smollett's lawyers say they were pleased with Wednesday's ruling, and believed the judge who sentenced Smollett to jail ‘berated’ and ‘chastised’ him.

"The judge's sentencing — couldn't disagree more with it. The judge spent a great deal of time chastising, berating my client," Smollett's lawyer, Nene Uche, said. "I've never seen that and thought it was unprofessional. That's my personal opinion. Not happy with that."

Uche went on to say that Smollett was emotional when he discovered he would be released after six days in jail.

"The first thing Jussie did was … he pushed his hands on the glass, and his eyes got teary. And I've never seen that because he's been very strong in there. And he said, ‘I nearly lost hope in our constitutional system.’ He did say that," said Uche.


Smollett's lawyers said this case continues to be a constitutional issue, and that the actor should not of been put in a jail cell at all.

"He was put in a cage for a class 4 felony," said Uche.

Smollett's lawyers also noted that he hasn't eaten in six days.

"It was a scary moment for us, and even a day spent in jail is scary. He's been here for how long? Six days? That's scary," said Uche. "He hasn't eaten. Guys, he hasn't eaten for six days. Maybe he knew something spiritually that we didn't know. Right? So he hasn't eaten for six days."

The Chicago Police Department said it has no statement or comment regarding Smollett's release.

The Associated Press contributed to this report.