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      Jussie Smollett’s Lawyers Dispute Account That Attack Was Staged

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      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

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      One of Jussie Smollett’s Attackers Tells Court It Was All Staged

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      Abimbola Osundairo, testifying at Mr. Smollett’s trial on charges of filing a false police report, said “he wanted me to fake beat him up.”Jussie Smollett, frustrated by what he saw as a muted reaction to a death threat he had received in the mail, enlisted a friend in 2019 to stage a fake attack that would grab public attention, the friend testified on Wednesday at the actor’s trial.Abimbola Osundairo, the younger of the two brothers who have said they took part in what they describe as a hoax, said the strange request came after Mr. Smollett showed him an image of a threatening letter he had received. It featured a red stick figure hanging from a noose, a gun pointed at the figure, and the acronym MAGA on it.Mr. Smollett later arranged a meeting with him, Mr. Osundairo said, after sending him a text message in which Mr. Smollett said he needed help “on the low.” At the meeting they discussed how the television studio behind “Empire,” the show they both worked on, was not taking the letter seriously, Mr. Osundairo told the court.“He said he wanted me to beat him up,” Mr. Osundairo said. “I looked puzzled and then he explained he wanted me to fake beat him up.”Mr. Osundairo testified during the third day of Mr. Smollett’s trial on charges he filed a false police report about the attack, a case that largely relies on the accounts of Mr. Osundairo and his brother, Olabinjo Osundairo, who say Mr. Smollett devised the attack.Mr. Smollett has denied staging the Jan. 29 attack and his lawyers have suggested the brothers have fabricated the account to avoid prosecution.“He wanted me to tussle and throw him to the ground and give him a bruise while my brother Ola would pour bleach on him and put a rope around him and then we would run away,” Abimbola Osundairo testified.Mr. Osundairo, 28, said his friendship with the actor started in 2017 and grew to a place where Mr. Osundairo would refer to Mr. Smollett as his “big brother.” Mr. Osundairo said Mr. Smollett had helped him to secure a job as a stand-in for more prominent actors on “Empire,” a gesture that Mr. Osundairo said left him feeling “indebted” to Mr. Smollett. He said he ended up standing in for Mr. Smollett’s character’s love interest on the show.It is unclear whether the prosecutors will also seek testimony from Mr. Osundairo’s older brother, Olabinjo, 30, who also appeared on “Empire” and, though he was not as close to Mr. Smollett, has told investigators he was brought in to assist with the attack. Olabinjo Osundairo is on a list of potential witnesses.Jussie Smollett outside court Tuesday with supporters and family. His defense team has suggested that the Osundairo brothers made up an account of a fake attack while being questioned by the police. Charles Rex Arbogast/Associated PressThe brothers have told the police that on the day before the attack was supposed to take place, Mr. Smollett drove them around the Streeterville neighborhood of Chicago, where he lived, showing them where he wanted it to occur. The brothers say Mr. Smollett gave them a $100 bill to buy supplies for the attack, including ski masks, a rope and a red hat meant to indicate that the attackers were supporters of former President Donald J. Trump.The special prosecutor handling the case, Daniel K. Webb, said earlier in the trial that on Jan. 29, the brothers waited for Mr. Smollett near the proposed spot — in subzero temperatures — and when the actor arrived, they beat him lightly, put the rope around his neck and poured bleach on him from a hot sauce bottle.The defense has in its opening statement and cross-examination sought to undermine the brothers’ accounts. Mr. Smollett’s lead lawyer, Nenye Uche, called the brothers “self-confessed attackers” and said both men “did not like” Mr. Smollett.Mr. Uche said that a $3,500 check that Mr. Smollett made out to Abimbola Osundairo was for help with physical training for Mr. Smollett’s music video — not payment for helping with the attack as prosecutors contend. (Mr. Osundairo testified that at the time of reported attack he had been helping Mr. Smollett with diet and fitness plans to help him prepare for an upcoming music video, but that he intended to do the work for free because they were friends.)The defense has also said that Mr. Smollett’s text message asking for help “on the low” was in reference to getting herbal steroids from Nigeria, to which the brothers were soon traveling.On Tuesday, Mr. Uche suggested in his questioning of a detective, Michael Theis, who investigated Mr. Smollett’s hate crime report, that the police had not properly looked into accusations that Olabinjo Osundairo had a history of homophobia.Prosecutors sought on Wednesday to blunt that suggested motivation. Abimbola Osundairo was asked whether the fact that Mr. Smollett is gay had affected their friendship, and he said it had not. Mr. Osundairo said at one point that he had visited a gay bathhouse with Mr. Smollett in Chicago.Understand the Jussie Smollett TrialCard 1 of 5A staged hate crime? More

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      Prosecutors: Jussie Smollett Faked Attack After Real Threat Was Ignored

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      During opening arguments in the actor’s trial, the prosecution said Mr. Smollett staged a hate crime because his workplace did not take a death threat seriously enough.The actor Jussie Smollett made himself the victim of a staged hate crime in 2019 to draw the attention of his colleagues on the television show “Empire” after he decided they had failed to take an earlier written threat seriously, a prosecutor said in a Chicago court on Monday. Dan K. Webb, the special prosecutor, laid out what he saw as Mr. Smollett’s motive in opening arguments of the actor’s trial on criminal charges that he lied to the police when he reported he had been the victim of a racist and homophobic attack.In January 2019, Mr. Webb said, Mr. Smollett received an anonymous “actual hate letter,” which included a homophobic slur and a drawing of a stick figure hanging from a tree. The letter included the acronym “MAGA” made of cutout newspaper and magazine letters, he said, a reference to former President Donald J. Trump’s campaign slogan. Law enforcement has not been able to determine who sent the letter, Mr. Webb said.“Therefore, he devised this fake hate crime to take place so that the ‘Empire’ studio would take this more seriously,” he said of Mr. Smollett, “because this fake hate crime would get media attention.”Nearly three years ago, when Mr. Smollett reported that he had been assaulted, he was primarily known for “Empire,” a drama in which he played a son vying for control of his father’s music empire. He later lost that role after being indicted on charges that he had lied to the police, who concluded that he had paid two brothers to stage the attack. After a drawn-out and tumultuous legal process, the trial began at the Leighton Criminal Courthouse in Chicago with the selection of 12 jurors and three alternates. Mr. Smollett arrived at the courthouse Monday morning, clutching the arm of his mother, Janet Smollett, and sat with several family members as the opening arguments began.Mr. Smollett is standing trial on six counts of felony disorderly conduct associated with the reports he had made to the police. The grand-jury indictment asserts he had “no reasonable ground for believing that such an offense had been committed.”When his account of being attacked on a late-night run to pick up a tuna sandwich became public it struck a chord in a politically divided nation confronting the persistent threat of racism. The actor told the police his attackers poured bleach on him, placed a rope around his neck and yelled, “This is MAGA country.”Lawmakers, activists and celebrities reacted furiously to the incident, but the dialogue shifted abruptly in February 2019, when the police told the public that Mr. Smollett had paid two men $3,500 to stage the attack. The police said they had a copy of the check as well as phone records showing that Mr. Smollett spoke to the brothers before and after the alleged attack took place.Comedians used the story as a punchline. Mr. Trump said it was a smear on his supporters, while liberal politicians condemned it as a disservice to victims of hate crimes.“I’m sad, frustrated and disappointed,” Vice President Kamala Harris, who was a senator and presidential candidate at the time, wrote on Twitter. “When anyone makes false claims to police, it not only diverts resources away from serious investigations but it makes it more difficult for other victims of crime to come forward.”But Mr. Smollett has maintained his innocence, pleading not guilty to the charges and insisting the attack happened just as he described.“They won’t let this go,” Mr. Smollett said in an Instagram interview last year. “There is an example being made, and the sad part is that there’s an example being made of someone that did not do what they’re being accused of.”Initially, the Cook County State’s Attorney’s Office dropped the felony charges against the actor, saying that Mr. Smollett had forfeited his $10,000 bond and explaining that he was not a threat to public safety and had a record of service to the community. Chicago’s police superintendent at the time, Eddie Johnson, and its mayor, Rahm Emanuel, suggested Mr. Smollett was getting special treatment because of his celebrity status.Kim Foxx, Chicago’s top prosecutor, stood by the decision.“Yes, falsely reporting a hate crime makes me angry, and anyone who does that deserves the community’s outrage,” Ms. Foxx wrote in a Chicago Tribune op-ed after her office dropped the charges. “But, as I’ve said since before I was elected, we must separate the people at whom we are angry from the people of whom we are afraid.”In the months that followed, much of the discussion surrounding the case focused on how prosecutors had handled it.Ms. Foxx had recused herself from overseeing the case to avoid any perception that she had a conflict of interest after disclosing that she had communicated with Mr. Smollett’s representatives when he was still considered a victim. She delegated it to a deputy, but text messages later showed that Ms. Foxx had remained closely engaged with the case, expressing concern to a colleague that the office was treating the actor too harshly.Later in 2019, a judge appointed Mr. Webb as a special prosecutor to review whether Mr. Smollett should be recharged and to assess whether there had been any misconduct in the way the case was managed by the state’s attorney’s office.Mr. Webb renewed charges against Mr. Smollett in February 2020. He later determined that the state’s attorney’s office had not violated the law, but did abuse its discretion in deciding to drop charges and put out false or misleading public statements about why it did so.Understand the Jussie Smollett TrialCard 1 of 5A staged hate crime? More