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    Jussie Smollett, Once an ‘Empire’ Star, Is Now in the Cook County Jail

    On Thursday evening, Mr. Smollett began serving a five-month sentence for falsely reporting a hate crime, a conviction he plans to appeal.It was an extraordinary ending to an unusual hearing.Jussie Smollett, sentenced to five months in a Chicago jail, stood up, defiantly declared his innocence and repeatedly warned the room that he was not suicidal and, if anything should befall him while incarcerated, it would not be his own doing.Then, with his right fist raised, Mr. Smollett was led off to become likely the most famous of the 6,000 inmates at the Cook County Jail.The jail primarily houses defendants awaiting trial, but also convicts serving shorter sentences, like Mr. Smollett, 39, who was booked into Division 8, a facility that is used to administer medical and mental health treatment, as well as house inmates who require protective custody.Mr. Smollett has a private cell, which is monitored by security cameras and an officer stationed at the entrance, according to the Cook County Sheriff’s Office. He will be allowed “substantial time” outside of his cell to talk on the phone, watch television and interact with staff members in common areas, but only when other detainees are not present, the office said.Judge James B. Linn, who presided over the trial at which the actor was convicted of falsely reporting a hate crime, had ordered that Mr. Smollett serve his jail term under protective custody.Mr. Smollett’s lawyer Nenye Uche had said after Thursday’s hearing that his client was vulnerable and deserved special protective measures. “All you need to do is log onto various media, social media, to see some of the nasty things said about him,” Mr. Uche said. “Of course someone like that should be in protective custody.”Supporters have said the actor is particularly vulnerable to being targeted because he is a gay man and a recognizable celebrity.Understand the Jussie Smollett CaseThe actor Jussie Smollett was found guilty in December of falsely reporting that he had been the victim of a racist and homophobic assault in 2019.Timeline: The case began with the actor’s police report and led to a trial in which he was accused of staging the attack himself.Smollett’s Testimony: Mr. Smollett was self-deprecating and animated as he sought to convince a Chicago jury he was the victim of a real attack.What the Evidence Shows: Explore some of the documents and security camera footage related to the case.His Sentence: The actor was sentenced to five months in jail on March 10. His supporters had made impassioned pleas for leniency ahead of the sentencing hearing.In arguing for leniency at the hearing, Mr. Smollett’s lawyers had emphasized evidence of Mr. Smollett’s good character and said they supported his contention of innocence, urging he be given a new trial or, at the least, probation. They did not mention in their arguments a concern about the specific realities of incarceration at the Chicago jail, which some social justice advocates have described as having a “culture of brutality and violence” in the highest security units.Mr. Smollett’s unit is not among those cited.Criminal defense experts said they thought the jail would likely do everything it could to isolate Mr. Smollett from other prisoners, considering his fame and potential to disrupt day-to-day activities there, which for many inmates include communal meals in the commissary.“They’re going to put him wherever they would have the least amount of disruptions to the rest of the facility,” said Steve Greenberg, a defense attorney in Chicago who represents the singer R. Kelly against sex crime charges in Illinois. Mr. Kelly was once held in the division where Mr. Smollett resides.Mr. Smollett’s lawyers had asked the judge to defer Mr. Smollett’s sentence until after they have appealed his conviction. But Judge Linn swiftly denied their request. In addition to the jail time, Mr. Smollett was sentenced to more than two years of probation, plus a fine of $25,000 and restitution of more than $120,000 to offset the city’s cost in investigating the case.The maximum sentence allowed for the offense for which Mr. Smollett was charged, felony disorderly conduct, is three years in prison, but many of those convicted are given probation. Judge Linn cited several factors, including Mr. Smollett’s testimony on the witness stand, which the judge described as “pure perjury,” in explaining why he ordered some jail time.Sam Mendenhall, a prosecutor on the case, said on Friday that he believed Mr. Smollett would not have the option of reducing his jail time for good behavior because Judge Linn ordered it as a condition of probation.Mr. Smollett in a photo taken after he was incarcerated Thursday. He was sentenced to five months at the Cook County jail. Cook County Sheriff’s Office, via Associated PressThe Cook County Sheriff’s Office said in a statement on Thursday that Mr. Smollett would receive a “comprehensive medical, mental health and security assessment.” Mr. Smollett’s sentencing hearing at Leighton Criminal Courthouse was unusual in its length — about five hours — and its intensity, with the defense, the prosecution and even the judge making impassioned speeches about the case.Mr. Smollett’s supporters, including his 92-year-old grandmother and his former boss at a nonprofit organization, made glowing remarks about his commitment to social justice as they pleaded for leniency.In his own extensive remarks, Judge Linn took another tack, sharply condemning Mr. Smollett as a narcissistic attention seeker who wasted precious police hours with his “stunt” and made it more difficult for real hate crime victims to be taken seriously.“Your very name has become an adverb for lying,” Judge Linn said. “And I cannot imagine what could be worse than that.”Mr. Uche later said he was “offended” by the remarks, and outside the courtroom, one of Mr. Smollett’s brothers, Jocqui Smollett, sharply criticized the judge.“He chastised my brother,” Mr. Smollett said. “He does not deserve this. He was attacked.”Cook County Jail has drawn criticism for conditions in some of its units, but Mr. Smollett will be held in protective custody by order of the judge who sentenced him. Kamil Krzaczynski/Agence France-Presse — Getty ImagesThe police believed initially that Mr. Smollett, best known for starring in the music-industry drama “Empire,” had been the victim of a hate crime when he reported on Jan. 29, 2019, that he had been attacked by two men who hurled racist and homophobic slurs at him, put a rope around his neck like a noose and shouted “this is MAGA country.” But prosecutors presented evidence that Mr. Smollett had orchestrated the hoax himself, including testimony from two brothers, Abimbola Osundairo and Olabinjo Osundairo, who said they had mildly assaulted Mr. Smollett according to his directions.The defense had argued that the brothers carried out the attack to scare Mr. Smollett into hiring them as his security detail. Mr. Smollett’s appeal is likely to follow the arguments raised by his lawyers Thursday, in which they cited what they described as errors by the judge and the prosecutors, and suggested Mr. Smollett’s case had already been adjudicated once and he could not be punished twice — a violation of the legal concept of double jeopardy.In 2019, when prosecutors dropped the original charges, Mr. Smollett did some community service and surrendered his $10,000 bond payment, punishment that seemed insufficient to some critics.Kim Foxx, the state’s attorney whose office negotiated that initial outcome, sharply criticized the prosecutors who handled the second indictment in an op-ed for The Chicago Sun-Times on Thursday, calling it a “kangaroo prosecution” and “mob justice.” (After an investigation of Ms. Foxx’s office, Daniel K. Webb, the special prosecutor who handled the case, found the office had abused its discretion, but did not violate the law, in deciding to drop the charges.)Lori Lightfoot, the mayor of Chicago, struck a very different tone, saying in a statement that the city had been “vindicated” by the judge’s sentence.Mr. Webb said after the sentencing that he was struck by the extent to which Mr. Smollett was unwilling to express any remorse for the damage he had done.“Again today,” he said, “after he’s been convicted by a jury of five felony counts, after he heard a judge today excoriate his conduct as being reprehensible, he still stood up in the courtroom and insisted that he’s not going to ever admit or accept any responsibility for what he did.” More

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    Jussie Smollett Sentencing Is Set for March 10

    A judge in Chicago on Thursday set March 10 as the date on which the actor Jussie Smollett will be sentenced following his conviction in the filing of a false police report in which he claimed to have been the victim of a racist and homophobic attack.A jury found Mr. Smollett guilty last year of five counts of felony disorderly conduct related to the false report; he was acquitted on another similar count. On Thursday, Mr. Smollett, formerly an actor on the Fox music-industry drama “Empire,” and his lawyers remotely attended his first court hearing following the conviction.Mr. Smollett, who was released on bond after his conviction and attended the brief hearing from New York, told the judge he would show up in person for his sentencing.In January 2019, Mr. Smollett reported to the police that two assailants had beaten him, yelled racist and homophobic slurs at him, placed a rope around his neck and poured bleach on his clothing in an early morning assault.Two brothers, Abimbola Osundairo and Olabinjo Osundairo, who the police determined to have been the assailants, later told the jury at trial last year that Mr. Smollett had directed them to carry out the attack.Prosecutors argued that Mr. Smollett’s account was a hoax orchestrated for publicity.Mr. Smollett’s lead lawyer, Nenye Uche, has said his client plans to appeal the verdict. Mr. Smollett, who testified during the trial, maintained he was the victim of a real attack. His lawyers argued that the Osundairo brothers were liars who had attacked Mr. Smollett to scare him into hiring them as bodyguards, and who concocted a story to avoid prosecution themselves.Mr. Smollett’s conviction carries a maximum sentence of three years in prison.Daniel K. Webb, the special prosecutor who handled the case, has not yet indicated whether he would make a recommendation of prison time to the judge but has emphasized how serious he thought the case was, saying after the conviction that Mr. Smollett was “not repentant at all.”Some experts said they would find it surprising if Mr. Smollett were to be imprisoned because he was convicted of the lowest level felony offense and has no prior felony convictions. Mr. Uche said last month that he had “never seen a case like this where the person got jail time,” adding that he believed Mr. Smollett would be vindicated on appeal. More

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    Jussie Smollett Found Guilty: What Comes Next?

    The actor who was found guilty of falsely telling the police he was the victim of a hate crime faces a possible sentence of up to three years, but experts disagree on whether the judge is likely to incarcerate him.The discussion in the case of Jussie Smollett, the actor convicted on Thursday of falsely reporting he was the victim of a racist and homophobic attack, has turned to whether the actor will receive prison time when he is sentenced in several weeks.Daniel K. Webb, the special prosecutor who handled the case, said on Friday that he had not yet decided on what recommendation he would make to the judge but again emphasized how serious he thought the case was. Mr. Webb has pointed in several settings to the social damage caused by faking a hate crime, about the waste of police resources spent on the case and about the consequences of lying to a jury, which found Mr. Smollett guilty after he spent seven hours on the witness stand standing by his account.“It’s fair to say Mr. Smollett is not repentant at all,” Mr. Webb said. “And he doubled down during our trial. I will emphasize those matters as I should.”But some experts said they would find it surprising if Mr. Smollett were to be imprisoned because he was convicted of the lowest level felony offense and has no prior felony convictions.Mr. Smollett’s lead lawyer, Nenye Uche, a former prosecutor who said his client planned to appeal the verdict, echoed that sentiment on Thursday.“I’ve never seen a case like this where the person got jail time,” he said. “And he shouldn’t because he’s innocent.”Mr. Smollett’s lead lawyer, Nenye Uche, speaking to reporters after the verdict on Thursday, surrounded by other members of his defense team.Charles Rex Arbogast/Associated PressMr. Smollett was convicted of five counts of disorderly conduct, which carry a maximum sentence of three years in prison. Even Mr. Webb has acknowledged that those charges don’t typically lead judges to incarcerate people.But he said: “There’s never been a case like this. I don’t know any case in Illinois that involves this criminal misconduct and deceiving police for weeks on end about a hate crime and then compounding it by lying to a jury.”Judge James B. Linn, who is presiding on the case, has the option of sentencing the defendant to just probation or a shorter period of prison time. He agreed on Thursday to release Mr. Smollett while he awaits sentencing.“What I could see happening is probation with a ton of community service hours,” said Michael O’Meara, a criminal defense lawyer who has also worked as a prosecutor, “and just to sting him a bit, maybe some jail time.”The judge will certainly consider Mr. Smollett’s prior criminal infraction, though it was 14 years ago and relatively minor. He was convicted in California of misdemeanor driving under the influence, making false statements to the police and driving without a license. (Mr. Smollett pleaded no contest.)In this instance, it was Mr. Smollett who reported a crime, an attack by two assailants who he said beat him up, yelled racist and homophobic slurs at him, placed a rope around his neck and poured bleach on his clothing in an early morning assault on a frigid day in 2019. But two brothers told the police that Mr. Smollett had directed them to carry out the attack, and he was ultimately charged by a grand jury with lying to the police, a hoax that prosecutors argued had been orchestrated for publicity.Understand the Jussie Smollett TrialCard 1 of 5A staged hate crime? More

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    Jussie Smollett Found Guilty of Reporting a Fake Hate Crime

    Mr. Smollett was convicted of filing a false police report in 2019 claiming he had been the victim of a racist and homophobic attack. The jury deliberated for more than nine hours.A jury in Chicago found the actor Jussie Smollett guilty on Thursday of falsely reporting to the police that he had been the victim of a racist and homophobic assault in 2019, an attack that investigators concluded was a hoax directed by the actor himself.With its finding, after more than nine hours of deliberation, the 12-person jury indicated it had chosen to believe the accounts of two brothers who testified that Mr. Smollett had asked them to mildly injure him as part of a publicity stunt.Mr. Smollett, wearing a dark gray suit and a blue shirt, sat upright in his chair, hands clasped, staring directly at the jury just after the verdict was read.Daniel K. Webb, the special prosecutor who handled the case, said afterward that Mr. Smollett only made matters worse by continuing to stand by his account at trial.“This jury worked so hard,” Mr. Webb said, “and for Mr. Smollett to come up before them and lie for hours and hours and hours — that really compounded his misconduct.”Jussie Smollett, an actor in the Fox music-industry drama “Empire,” was found guilty of filing a false police report after staging a hate crime against himself.Charles Rex Arbogast/Associated PressThe case dated back to the frigid early hours of Jan. 29, 2019, when Mr. Smollett — known then for his role in the Fox music-industry drama “Empire” — told the police he had been the victim of a hate crime near his apartment building in Chicago. Mr. Smollett said one of his attackers had even yelled, “This is MAGA country.”His account captured the attention of a politically polarized nation concerned with rising hate crime reports and the persistent threat of racism. But public support for Mr. Smollett quickly evaporated when investigators came to the conclusion three weeks later that he had staged the attack on himself.Chicago officials, upset at the amount of police work that was spent on the case, have sued Mr. Smollett to recoup some of the city’s costs. They were similarly critical in 2019 when the office of the city’s top prosecutor, Kim Foxx, who early on had recused herself from the case, citing a potential conflict, quietly dropped the charges in exchange for Mr. Smollett’s agreement to forfeit his $10,000 bond and perform community service.The case was later revived by Mr. Webb, who reviewed that decision and ultimately announced that a grand jury had charged Mr. Smollett with six counts of felony disorderly conduct. Mr. Smollett was convicted on five counts on Thursday, relating to conversations he had with the police just after the attack. He was acquitted on the sixth count, which related to a follow-up conversation with an investigator two weeks later.The actor faces up to three years in prison. The judge did not set a sentencing date and released him on bond.His defense team said Mr. Smollett would appeal.“We remain confident that we’re going to come back and he’s going to be vindicated,” said Nenye Uche, one of the actor’s lawyers.Prosecutors argued in court that Mr. Smollett had instructed two brothers, Abimbola Osundairo and Olabinjo Osundairo, on all of the details of the attack, specifying that they should punch him only hard enough to create a bruise, pour bleach on his clothing and place a rope around his neck like a noose. The prosecutors faulted Mr. Smollett for not cooperating adequately with the investigation by balking at turning over evidence like his cellphone.“Mr. Smollett didn’t want the crime solved,” Mr. Webb said during his closing argument on Wednesday. “He wanted to report it as a hate crime; he wanted media exposure; but he didn’t want the brothers apprehended.”Mr. Webb told the jury that Mr. Smollett staged the attack because he had received a death threat in the mail and was upset by the muted response of the producers behind “Empire,” the television show on which he starred.The defense came forward with a sharply different account of Mr. Smollett’s attitudes and behaviors. The actor had not been upset by the TV studio’s response to the letter, his lawyers said, and had, in fact, turned down its offer to have security drive Mr. Smollett to and from the set. They said the Osundairo brothers were liars who had attacked Mr. Smollett to scare him into hiring them as bodyguards, and who concocted a story to avoid prosecution themselves.Mr. Smollett’s lawyer Mr. Uche argued that prosecutors had not established that the actor had a clear motive for any scheme, and that, in fact, his client had every reason not to have faked an attack.“His lack of motive is pretty obvious: Media attention, he doesn’t like it,” Mr. Uche said. What is more, he said, Mr. Smollett had a music video shoot coming up and could not afford his face getting bruised.Mr. Smollett, 39, took the stand and testified for more than seven hours in an effort to counter the narrative of the brothers, who had detailed how Mr. Smollett planned the attack. He said his interactions with the brothers in the days and hours leading up to the attack had been harmless. A “dry run” in his car that the brothers had described to the jury as a planning exercise two days before the attack was really an aimless drive through Chicago smoking marijuana.But the jury chose to believe the brothers. Abimbola Osundairo, 28, a fitness aficionado who had appeared on “Empire” in minor roles, testified that the planning began when Mr. Smollett, whom he was helping train for the music video, texted him for help with something “on the low.”“He said he wanted me to beat him up,” Mr. Osundairo said of their meeting. “I looked puzzled, and then he explained he wanted me to fake beat him up.”Mr. Osundairo said he agreed to the plan because he felt “indebted” to Mr. Smollett for getting him a role as a stand-in on “Empire.” Olabinjo Osundairo, 30, who had also appeared on “Empire” in minor roles, said he participated to “curry favor” with Mr. Smollett.Understand the Jussie Smollett TrialCard 1 of 5A staged hate crime? More

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    The jury has reached a verdict in the Jussie Smollett trial.

    A jury in Chicago has reached a verdict in the trial over charges that the actor Jussie Smollett lied to the police about being the victim of a racist and homophobic hate crime in 2019.The New York Times has a reporter in the courtroom and will be filing updates on Thursday as soon as the jury returns to the courtroom to report its decision.The jury’s deliberations followed six days of testimony, which included Mr. Smollett taking the witness stand for more than seven hours on Monday and Tuesday. He decided to testify to counter a narrative put forward by two brothers who testified that Mr. Smollett directed them to mildly assault him as a publicity stunt.Mr. Smollett is charged with six counts of disorderly conduct related to what investigators said was his filing of a false police report.In January 2019, he told the police that he had been returning to his apartment at about 2 a.m. after a late-night run to Subway when he was attacked by two men who beat him up, yelled racist and homophobic slurs at him and put a rope around his neck like a noose.Less than a month after he made the report, Mr. Smollett himself became a suspect — and was accused of having staged the attack — but he has maintained his innocence throughout, accusing the police of a rush to judgment. More

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    Jussie Smollett Timeline: A Case With Twists and Turns

    The case began in 2019 when the actor reported that he had been the victim of a racist and homophobic attack, and led to a trial in which he was accused of staging the attack himself.Nearly three years have passed since the actor Jussie Smollett reported that he had been the victim of a racist and homophobic attack in Chicago. The police initially investigated the incident as a possible hate crime, then accused Mr. Smollett of staging the attack himself. Charges were filed against Mr. Smollett, then dropped. A special prosecutor was appointed and charges were filed again, leading to his trial on charges of disorderly conduct for making a false report to the police.Here’s a timeline of how we got here.Jan. 29, 2019: Mr. Smollett, who is Black and gay, tells the police that at about 2 a.m., two masked men, one of whom he believed to be white, attacked him on the 300 block of East Lower North Water Street in downtown Chicago. The assailants, according to Mr. Smollett, hurled homophobic and racial slurs at him, put a rope around his neck and poured a chemical substance on him.Mr. Smollett says he went home and a close associate of his reported the incident to the police 40 minutes after it happened. Anthony Guglielmi, the chief spokesman for the Chicago Police Department, later told The Chicago Sun-Times that Mr. Smollett had been hesitant to call the police because of his status as a public figure.Law enforcement officials say they are treating the incident “as a possible hate crime.” At a follow-up visit by investigators, Mr. Smollett says the attackers mentioned “MAGA country,” a reference to the campaign slogan of former President Donald J. Trump.Celebrities, politicians and advocacy groups offer their support to Mr. Smollett. Fox, the network on which “Empire” airs, issues a statement saying the “entire studio, network and production stands united in the face of any despicable act of violence and hate.”Detectives comb through surveillance camera recordings but say they can’t find images of the attack.Jan. 30: Investigators announce the first possible break in the case: A surveillance image shows “potential persons of interest wanted for questioning” in connection to the case. The images are of two men with their backs to the camera.At this point, the F.B.I. is already investigating a threatening letter sent to Mr. Smollett at the “Empire” production offices in Chicago the week before.Jan. 31: Mr. Trump is asked about the incident in the Oval Office. He refers to it as “horrible” and added that it “doesn’t get worse.”The Smollett family releases a statement: “Jussie was the victim of a violent and unprovoked attack. We want to be clear, this was a racial and homophobic hate crime. Jussie has told the police everything from the very beginning. His story has never changed, and we are hopeful they will find these men and bring them to justice.”Feb. 1: Mr. Smollett releases his first public statement through his publicist. It says: “Let me start by saying that I’m OK. My body is strong but my soul is stronger. More importantly, I want to say thank you. The outpouring of love and support from my village has meant more than I will ever be able to truly put into words.”Acknowledging some skepticism about his story on social media, Mr. Smollett adds, “I am working with authorities and have been 100 percent factual and consistent on every level. Despite my frustrations and deep concern with certain inaccuracies and misrepresentations that have been spread, I still believe that justice will be served.”The Chicago police superintendent, Eddie T. Johnson, says in an interview with a local television station: “We have to remember, he’s a victim. You know, so we have to treat it like he’s a victim. We have no reason to think that he’s not being genuine with us.”Feb. 2: Mr. Smollett appears in public for the first time since he reported the attack, performing a concert in West Hollywood.“I have so many words on my heart that I want to say, but the most important thing I can say is, thank you so much, and that I’m OK,” Mr. Smollett tells the crowd.Feb. 4: The Chicago police say the people of interest have not been identified yet but they are continuing to follow up on leads.Feb. 11: The department reacts to phone records that Mr. Smollett turned over to investigators. The police had asked Mr. Smollett for access to his phone because he had been in conversation with his manager when the incident occurred. Mr. Smollett provides the police with redacted records that they say “do not meet the burden for a criminal investigation.”Feb. 13: Two brothers of Nigerian descent, Olabinjo and Abimbola Osundairo, are detained by the authorities after a flight back home to Chicago from Nigeria. Police officers raid their home and, according to CBS Chicago, remove items including an “Empire” script and two hats.Feb. 14: Mr. Smollett gives his first interview about the incident to “Good Morning America,” where he is adamant that he is telling the truth.“It feels like if I had said it was a Muslim, or a Mexican, or someone Black, I feel like the doubters would have supported me much more,” Mr. Smollett tells ABC’s Robin Roberts. “A lot more.”He also says he is convinced that the men in the surveillance images were his attackers.“Because I was there,” Mr. Smollett says. “For me, when that was released, I was like, ‘OK, we’re getting somewhere.’ I don’t have any doubt in my mind that that’s them. Never did.”The Chicago police reveal publicly that at least one of the men detained has appeared as an extra on “Empire.” The department also says they “are not yet suspects.” Their lawyer, Gloria Schmidt, tells CBS Chicago: “They’re really baffled why they are people of interest. They really don’t understand how they even got information that linked them to this horrific crime. But they’re not guilty of it. They know that the evidence is going to prove them innocent. They send their best to Jussie.”The local news media releases its first reports that investigators are beginning to look at the possibility that this is a hoax, something the Chicago police dispute publicly.Feb. 15: In a whirlwind day, the detained brothers are identified as potential suspects by police, but that night are released without being charged. Investigators announce they are no longer considered suspects but do not say why.Feb. 16: The police say they are seeking to speak with Mr. Smollett again. Media outlets, including CNN, report that the two men have told investigators they were paid to take part in a hoax. Mr. Guglielmi says in a statement, “We can confirm that the information received from the individuals questioned by police earlier in the ‘Empire’ case has in fact shifted the trajectory of the investigation.”Lawyers for Mr. Smollett release a statement saying, “As a victim of a hate crime who has cooperated with the police investigation, Jussie Smollett is angered and devastated by recent reports that the perpetrators are individuals he is familiar with.”It added: “One of these purported suspects was Jussie’s personal trainer who he hired to ready him physically for a music video. It is impossible to believe that this person could have played a role in the crime against Jussie or would falsely claim Jussie’s complicity.”The lawyers say that Mr. Smollett will “continue to cooperate” and that they “have no inclination to respond to ‘unnamed’ sources inside of the investigation.”Feb. 20: Fox releases a statement in support of Mr. Smollett amid reports that his role was being reduced on “Empire.” Later in the day, the Chicago police announce that they consider Mr. Smollett a suspect in the filing of a false report.Understand the Jussie Smollett TrialCard 1 of 5A staged hate crime? More

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    Jussie Smollett Tells Jury He Did Not Direct a Fake Attack on Himself

    The actor, who is accused of asking two brothers to mildly attack him, and then reporting it as a hate crime, took the stand at his criminal trial on charges related to the 2019 assault.Jussie Smollett took the stand on Monday in an effort to convince a Chicago jury that he did not orchestrate a racist and homophobic hate crime against himself but, instead, was the victim of both a real attack and the police’s rush to judgment in charging him.Mr. Smollett, 39, submitted himself to questioning in his own trial to rebut the testimony of two key witnesses, Abimbola Osundairo and Olabinjo Osundairo, brothers who told the court last week that Mr. Smollett had instructed them in detail on how to attack him.The Osundairo brothers said Mr. Smollett took them through a “dry run” of the attack on the day before it was supposed to occur in January 2019 and asked one of them to bruise him without inflicting real injuries while the other put a rope around his neck and poured bleach on him.Prosecutors have argued that Mr. Smollett staged the attack because he was upset that the show on which he starred, the Fox hip-hop drama “Empire,” did not take seriously a threatening letter he had received at the studio.But Mr. Smollett sought to undercut the prosecution’s explanation, testifying that he had refused the studio’s offer of additional security, which would have driven him each day from his home to the set.“I’m a grown man,” Mr. Smollett said. “I don’t need to be driven around like Miss Daisy.”He also supported the defense contention that the brothers attacked him so that he might be scared enough to hire them as his private security. Mr. Smollett said that Abimbola Osundairo was persistent in trying to act as his bodyguard, at times behaving when they went out in ways that reminded him of the “Secret Service.”And Mr. Smollett’s version of what happened on Jan. 25, 2019, just days before the attack, when the prosecution says Mr. Smollett asked Abimbola Osundairo for help “on the low,” was completely different. He was seeking a meeting, not to plan his own assault, but to arrange to get an herbal steroid from Nigeria that helps people lose body fat and is illegal in the United States.“At any point in time did you talk to him about some hoax?” Mr. Smollett’s lawyer, Nenye Uche, asked.“No,” Mr. Smollett replied.During their car ride later, they did not plan the attack, as the prosecution argued, but smoked marijuana, Mr. Smollett said.“We drove around and smoked and that was that,” he testified.Olabinjo Osundairo, at the courthouse, where he testified Thursday that Mr. Smollett had orchestrated the attack.Charles Rex Arbogast/Associated PressAbimbola Osundairo, Olabinjo’s brother, told the court last week that Mr. Smollett was upset that a threatening letter he received had not been taken more seriously.Charles Rex Arbogast/Associated PressMr. Smollett also sought early in his testimony to indicate just how happy he had been with his role on “Empire,” and, when asked directly, said he had no problem with Fox. Instead Mr. Smollett, who is gay, testified that it had been a blessing to win the role of Jamal Lyon, a gay singer-songwriter, that so closely mirrored his identity and to eventually earn $100,000 per episode.“I had never seen a gay man — let alone a gay Black man — portrayed ever,” Mr. Smollett said. “I really, really wanted to do it.”Over the course of the trial, prosecutors have sought to paint a picture of the attack as a bid for publicity, pointing to how, days before the attack, Mr. Smollett had received the letter at the studio for “Empire.” It included a red stick figure hanging from a noose, a homophobic slur and the acronym “MAGA,” said Daniel K. Webb, the special prosecutor in the case, in the courtroom last week.“He devised this fake hate crime to take place so that the ‘Empire’ studio would take this more seriously,” Mr. Webb said, “because this fake hate crime would get media attention.”But the showrunner for “Empire” at the time, Brett Mahoney, testified earlier on Monday that the show had actually taken the letter “very seriously,” and sought to provide Mr. Smollett with additional security.As he began his testimony, Mr. Smollett depicted himself to the jury with a lengthy biographical summary of his career as someone who grew up in a middle-class family of performers, received some work as a child actor, became deeply involved in charity organizations and returned to acting, landing the major role on “Empire.”In January 2019, when the attack was reported, public sympathy for Mr. Smollett was immediate and widespread. But as the police investigation into the report stalled, suspicion grew about Mr. Smollett’s account, though the actor stood by it.Understand the Jussie Smollett TrialCard 1 of 5A staged hate crime? More

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    Jussie Smollett’s Lawyers Dispute Account That Attack Was Staged

    Under questioning by Mr. Smollett’s defense team, two brothers who say they participated in a fake attack denied suggestions they had lied to avoid prosecution.Jussie Smollett’s lawyers suggested in court on Thursday that two brothers at the center of the case attacked the actor to scare him into hiring them as his personal security, and later, to avoid prosecution, falsely told the police that Mr. Smollett had planned it all as a hoax.The brothers, Abimbola and Olabinjo Osundairo, have each testified that Mr. Smollett gave them detailed instructions on where and how to mildly attack him in January 2019.“You attacked Jussie because you wanted to scare him into hiring you as security,” said a lawyer for Mr. Smollett, Shay Allen, “so you could go back to L.A. and get paid $5,000 a week, didn’t you?”“No, sir,” Abimbola Osundairo replied.During cross-examination, the brothers, both aspiring actors and fitness aficionados, disputed that and other defense contentions about the attack. During more than 11 hours of testimony, which touched on minute details like Mr. Smollett’s grocery list and workout regimen, they told the court that Mr. Smollett instructed them to yell racist and homophobic slurs at him — and say, “This is MAGA country” — during the attack.During one of the brothers’ testimony, the defense asked for a mistrial, suggesting the judge had misspoken during the proceedings and later asked for the judge to acquit Mr. Smollett. But Judge James Linn ruled against Mr. Smollett in both instances.Thursday was a pivotal day in the trial as the prosecution, whose case relies heavily on the brothers’ credibility, rested after each brother told the jury in detail that Mr. Smollett had knowingly made a false police report about the attack.Abimbola Osundairo, 28, testified on Wednesday that Mr. Smollett, who is gay, dreamed up the scheme because he had been disappointed by what he saw as a muted response from the television studio to a death threat he received days earlier.Abimbola and Olabinjo Osundairo both appear in minor roles in the television show “Empire,” in which Mr. Smollett had starred. Abimbola Osundairo said he had agreed to participate in the hoax because he felt “indebted” to Mr. Smollett for securing him a role as a stand-in on the show, while Olabinjo Osundairo said that, as an aspiring actor, he had agreed because he wanted to “curry favor” with Mr. Smollett.The defense’s efforts to undermine the brothers’ credibility included questions about guns and drugs found in Abimbola Osundairo’s home and accusations that Olabinjo Osundairo had a history of making homophobic comments.Olabinjo Osundairo is not legally allowed to possess a gun because he was convicted of aggravated battery several years ago. But a detective testified earlier in the week that the guns were all Abimbola Osundairo’s and were owned legally and described the amount of cocaine discovered as “very small.”One of Mr. Smollett’s lawyers, Tamara Walker, also cited discrepancies between Olabinjo Osundairo’s testimony and what he had said to the grand jury in the case. He told the grand jury, for example, that he had decided to pour bleach, instead of gasoline, onto Mr. Smollett because he wanted to avoid being seen filling up a gas container on a surveillance camera. In court on Thursday, though, he testified that he had chosen bleach because he thought it would be safer on Mr. Smollett.The brothers remained composed during their sessions on the witness stand even as they were being questioned about several written conversations that Olabinjo Osundairo has had in which he made remarks that the defense cited as homophobic.Olabinjo Osundairo, 30, denied any bias, explained the remarks as mistakes he had made because he was upset and asserted that he had “no hate for anybody.” The prosecution had earlier in the day shown the jury a photo of the brothers at the Chicago Pride Parade in 2015 in which they were dressed as Trojan warriors for a float that centered around the condom brand of the same name.The mistrial request arose from this line of questioning as Judge Linn at one point described Ms. Walker’s questions about Mr. Osundairo’s past comments as “very collateral matters.” She argued, unsuccessfully, that the judge’s remark had discredited a part of the defense argument in front of the jury.A third lawyer for Mr. Smollett, Heather Widell, accused Judge Linn of making “snarling faces” during the defense questioning. The judge objected to Ms. Widell’s characterization and pointed out her own “smiles and frowns.”“There is no mistrial here,” Judge Linn said. “Frankly, I’m stunned you’d consider a mistrial based on that little colloquy.”Jussie Smollett’s trial entered its fourth day as the prosecution wound down its case and the defense challenged the credibility of two brothers who say the attack Mr. Smollett reported was a hoax.Charles Rex Arbogast/Associated PressEarlier in the day, Olabinjo Osundairo testified that during the attack on Jan. 29, 2019, while his brother and Mr. Smollett were on the ground, he put a noose around Mr. Smollett’s face and made sure to pour the bleach on Mr. Smollett’s clothing, not his skin, to avoid severely injuring him.Understand the Jussie Smollett TrialCard 1 of 5A staged hate crime? More