“Politics has no place in our court system,” defense lawyer Nenye Uche told a news conference after the actor’s release. “Regardless of what you think about this case … the real question is, should black men be imprisoned for a Class 4 crime?”
“It’s a shame,” the lawyer added. Uche, as well as other lawyers on the panel who spoke Wednesday, criticized the judge who handed down the Smollett sentence last week. Cook County Judge James Lynn spoke with the actor for more than half an hour, criticizing his actions.
“The judge spent too much time punishing my client,” Uche said. “I’ve never seen this before.”
For the past six days in prison, Smolet has not eaten anything other than ice water, Uche said.
Smolett’s defense was filed In an emergency motion last week, he argued that if he served a sentence that could be commuted, he would “suffer irreparable harm” and that he would serve his prison sentence until the end of his appeal.
Proponents of her case have been working to make the actual transcript of this statement available online.
The court accepted the lawyers’ petition. It argues that “an immediate appeal cannot be dismissed before the defendant has served his full sentence.”
In response Wednesday, prosecutors strongly disagreed with the defense, arguing that there was “no urgency to guarantee extraordinary relief” to delay Smolet’s sentence while his appeal is pending.
“Mr. Smolet promises that he has the right to stay because he will enjoy his short, 150-day prison sentence before his appeal on merit is decided,” the reply read. “According to this logic, every defendant sentenced to less than a few years in prison will automatically receive a pending appeal.”
Smolett had an explosion in court last week
Smolett maintained his innocence under oath during his trial.
But during last week’s sentencing, Judge James Lynn told Smolett, “You are not a victim of a racist crime, you are not a victim of a homophobic crime. I hate crime.”
During the trial the judge spoke for more than half an hour, many of whom pledged to Smolet and his character and asked the judge for a softer sentence, saying that Smolet’s initiative in the planned action was a “bad factor”. Case.
“You have a record of genuine community service,” the judge said Thursday. “I pay particular attention to requests for mercy from those in the arena.” But, in the end, the judge said, this action shows Smolett’s “dark side.”
Following the announcement of his sentence, Smolett told the judge, “I did not do this,” and he returned to the court, shouting that he had not committed suicide. “
On Friday, the actor was “kept in his own room, which is being monitored by security cameras in the cell and is being monitored by an officer wearing a body-mounted camera parked at the entrance to the cell to ensure that Mr. Smolet is directly in place. Surveillance at all times,” the Cook County Sheriff’s Office said, adding that the actor was not being held in solitary confinement. Insisted.
The lawyer’s allegations are unconstitutional
Webb said last week that he was “extraordinarily pleased” with Judge Lynn’s sentencing, and that the judge’s comments were “clearly understood … this is behavior that deserves harsher punishment.”
But during a news conference on Wednesday night, Uche, one of Smolett’s lawyers, said the case’s proceedings were unconstitutional, as Smolett had already been charged and paid $ 10,000 to do community service.
“When this case was first re-convicted, when this case was pursued, when this case was convicted, I wondered if Chicago had withdrawn from the Union at every step because, in this country, a person cannot be convicted twice.” Said the lawyer. “While everyone is focused on the sensational issues surrounding this case, people are not paying attention to the constitution of the case.”
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