'EMPIRE' Star Convicted of Faking Hate Crime on Self Files Appeal

Empire co-star Jussie Smollett is out of jail while attorneys appeal his conviction for lying to police about a hate crime attack against him. Smollett began serving his 150 day sentence, but just days later the actor was released. Smollett’s attorneys arguing 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.

Now just hours before the court's final deadline to file, the paperwork was delivered to the court.

Joining Nancy Grace today:

• Matthew Mangino - Attorney, Former District Attorney (Lawrence County), Former Parole Board Member, Author: "The Executioner's Toll: The Crimes, Arrests, Trials, Appeals, Last Meals, Final Words and Executions of 46 Persons in the United States"
• Dr. Shari Schwartz - Forensic Psychologist (specializing in Capital Mitigation and Victim Advocacy), www.panthermitigation.com, Twitter: https://twitter.com/TrialDoc, Author: "Criminal Behavior" and "Where Law and Psychology Intersect" (Miami Beach, FL)
• Paul Szych - Former Police Commander (Albuquerque, NM), Author: "StopHimFromKillingThem" on Amazon Kindle, StopHimFromKillingThem.com, Twitter: @WorkplaceThreat
• Alexis Tereszcuk - CrimeOnline.com Investigative Reporter, Writer/Fact Checker, Lead Stories dot Com, Twitter: @swimmie2009

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