Smollett Attorneys File Emergency Motion To Pause Jail Sentence

CHICAGO — Jussie Smollett's legal team has filed an emergency motion asking the Illinois Appellate Court to pause the former "Empire" actor's 150-day jail sentence as he appeals his conviction on five felony counts of disorderly conduct for faking a hate crime against himself and lying about it to police.

Smollett is being held in a Cook County jail psychiatric ward, where a note posted on his jail cell says he is "at risk of self harm," according to his brother, Jocqui Smollett.

"What's very concerning is that there is a note ... attached to his jail cell saying that he is at risk of self harm. I just want to make it clear to folks that he is in no way, shape or form at risk of self harm. And he wants folks to know that. He is very stable, he is very strong, he is very healthy and very ready to take on the challenge that has ultimately put against him," Jocqui Smollett, said in an Instagram video post.

Smollett's request to pause his sentence or be released on bail pending appeal argues that because his appeal will likely take longer than the duration of his jail sentence would cause him irreparable harm if his appeal is successful.

His lawyers also claim that serving jail time in protective custody, which they call a "euphemism for solitary confinement" creates a setting that could extremely damage his mental health, according to court documents.

Smollett's appeal will argue that his conviction should be overturned due to 14 errors, including a double jeopardy claim that argues a trial judge signed off on a deal that required the actor to forfeit his $10,000 bond and perform community service.