Empire co-star Jussie Smollett gets released from jail while attorneys appeal his conviction for lying to police about a hate crime attack.

Smollett’s attorneys argued that he would complete the sentence by the time the process was completed. They also cited homophobic threats received by the actor in their request for emergency release. The special prosecutor responded to the motion by saying it was “factually incorrect.” Two of the three members of the appellate court agreed with Smollett’s attorneys.

Well, an appeals court upheld Smollett's disorderly conduct convictions. He now will have to finish the 150-day incarceration part of his sentence.

Joining Nancy Grace today:

Matthew Mangino – Attorney, Former District Attorney (Lawrence County); Author: “The Executioner’s Toll: The Crimes, Arrests, Trials, Appeals, Last Meals, Final Words and Executions of 46 Persons in the United States;” Twitter: @MatthewTMangino
Dr. Shari Schwartz– Forensic Psychologist (Specializing in Capital Mitigation and Victim Advocacy); Author: “Criminal Behavior” and “Where Law and Psychology Intersect: Issues in Legal Psychology;” Twitter: @TrialDoc
Paul Szych – Former Police Commander (Albuquerque, NM), APD Domestic Violence and Stalking Unit; Author: “Stop Him From KillingThem;” Twitter: @WorkplaceThreat
Alexis Tereszcuk – CrimeOnline Investigative Reporter, Writer/Fact Checker at Lead Stories; Twitter: @swimmie2009

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Judge Slams 'EMPIRE' Star's Appeal for Conviction of Faking Hate Crime on Self