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The actor's team is trying to get him out of jail while his appeal is heard. His attorneys have filed court paperwork that says he is in harm's way as long as he is behind bars.

Lawyers for the former "Empire" star, 39, are asking a judge for a stay regarding the case, which was filed on Friday and obtained by Fox News Digital on Monday.

The filing states that 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 him which he may experience during incarceration. On Monday, the website shared alleged harassing messages to the actor's siblings.

Mr. Smollett believes that he will most likely be assigned to a place where he will be isolated from the rest of the world, a situation which could have dire consequences for his mental health.

There are repercussions to the people of Chicago because of the sentencing of Jassie Zwingle.

The Cook County Sheriff's Office said that Smollett is being held in protective custody because he may be at risk of harm due to the nature of his charges.

The sheriff's office said that Smollett has his own cell monitored by security cameras and an officer at the door. Smollett is able to use the phone, watch TV and interact with staff, but other inmates won't be in common areas with him.

Following his sentencing hearing, he was sent to the Cook County Jail in Illinois. According to a doctor's affidavit included in the appeal for his release, Smollett is at a higher risk of contracting the disease because of a compromised immune system.

I have been asked to provide an analysis regarding whether incarcerating Mr. J Smollett in an Illinois jail or prison poses a potentially deadly risk to his health from an epidemiological and medical perspective.

Susie was sentenced for hate crime in 2019.

It is my opinion that the incarceration of Mr. Smollett, in jail or prison, poses a substantially increased risk top his health.

Jocqui Smollett said on Saturday that he had been moved to the psych ward because he was at risk of self harm.

I want to make it clear that he is not at risk of self harm, he is very strong and stable.

Jocqui warned against the media and others spreading false information. He said that they really need their people to support them.

The legal experts are in the process of learning how to argue.

The actor spoke to the court one last time, despite the fact that he had nothing to say.

In a passionate declaration to Cook County Judge James Linn, Smollett stood up and affirmed his innocence.

Former "Empire" actor Jussie Smollett was convicted of lying to police when he reported that two masked men physically attacked him, yelling racist and anti-gay remarks near his Chicago home in 2019. Smollett was found guilty of five of the six counts against him. <span class="copyright">Scott Olson/Getty Images</span>
Former "Empire" actor Jussie Smollett was convicted of lying to police when he reported that two masked men physically attacked him, yelling racist and anti-gay remarks near his Chicago home in 2019. Smollett was found guilty of five of the six counts against him. Scott Olson/Getty Images

As he gestured toward the bench, he said, "I respect your decision." Jail time? I'm not suicidal. I didn't do it to myself if anything happened to me in there.

After he was led away from the courtroom, he raised his right fist in the air.

Susie reported the timeline of events.

Smollett was sentenced to 30 months of felony probation. The city of Chicago was ordered by the court to pay $120,106 in fines and costs.

The Associated Press and Fox News contributed to this report.

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