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    The Jussie Smollett Case Is Probably Far From Over, Analysts Say

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    The Illinois appellate court that ordered Mr. Smollett’s release from jail often takes months, even years, to rule on cases, according to experts.After serving six days of a five-month sentence, Jussie Smollett walked out of Cook County Jail on Wednesday night, flanked by supporters who shepherded him into the back seat of an SUV.Whether or not Mr. Smollett is forced to return to the jail in Chicago to complete his sentence is a question that is not likely to be answered for months — and possibly years.The appellate court in Illinois, which ordered Mr. Smollett’s release, is not built for speed, and it was the anticipated delay in hearing his appeal that led the court order that Mr. Smollett should be free while it deliberates whether he was wrongly convicted of staging a fake hate crime. Several experts said proceedings of all sorts at the court typically take about a year or two years.“This court will be unable to dispose of the instant appeal before the defendant would have served his entire sentence of incarceration,” according to the court’s order, which was signed by two of three justices on the panel.Legal experts in Illinois differed on how common it is for defendants to be released on appeal when they had been ordered to serve relatively short jail sentences and their offenses were nonviolent, such as Mr. Smollett’s.“Let’s say they reverse his conviction — he just did the 150 days for nothing,” said Gal Pissetzky, a criminal defense lawyer with experience on appellate cases.The appeals process tends to drag on because of the time it takes the court to prepare voluminous transcripts from the trial and from pretrial proceedings and requests to delay proceedings.There is also typically a backlog of cases waiting to be heard. In 2020, more than 3,300 cases were pending with the First District appellate court in Illinois, where Mr. Smollett’s case was assigned.“There are a lot of cases — it’s always been that way,” said Joseph Lopez, a criminal defense attorney who has represented high-profile defendants like Drew Peterson, who was convicted of murdering his third wife. “And because he’s not in custody, they’re not going to be in a hurry to get to it.”But experts said Mr. Smollett’s case could proceed faster than normal because it is so high profile and the special prosecutor handling the case, Dan K. Webb, is from a private law firm that is better equipped than a state prosecutor’s office to focus on a specific case and make the sort of timely filings that would accelerate a decision.Dan K. Webb, the special prosecutor in the Smollett case, after the sentencing last week.Anthony Vazquez/Chicago Sun-Times, via Associated PressThe defense’s efforts to secure Mr. Smollett’s release began immediately after Judge James Linn handed down the sentence last week in a blistering takedown of the actor that accused him of potentially undermining the credibility of true hate crime victims.Though the defense asked for an immediate suspension of the sentence pending appeal, Judge Linn swiftly denied their request, citing what he characterized as the seriousness of Mr. Smollett’s offense — staging a hoax in which two men lightly assaulted him while yelling racist and homophobic slurs.“The wheels of justice turn slowly, and sometimes the hammer of justice has to fall,” Judge Linn said in the courtroom. “And it’s falling right here, right now.”Nenye Uche, Mr. Smollett’s lead lawyer, then quickly brought the matter to the higher court, the First District Appellate Court in Illinois, and Mr. Webb’s legal team argued against Mr. Smollett’s release, writing in court papers that according to the defense’s logic, every defendant who received a relatively short sentence would be released pending appeal and that the defense was taking “advantage” of Judge Linn’s lenient jail sentence.Ultimately, judges have the discretion to decide these matters on a case-by-case basis. Experts say it is common for defendants to serve their entire sentence of incarceration before their appeal is resolved, something that critics often condemn as particularly unfair if the appellate court ends up overturning the trial court’s decision.The Smollett case has already stretched on for more than three years, starting in January 2019, when Mr. Smollett reported to the police that two men had attacked him, hurled the slurs at him and placed a rope around his neck like a noose.Two brothers, Abimbola Osundairo and Olabinjo Osundairo, testified during the trial last year that Mr. Smollett had asked them to carry out the attack and instructed them in detail on how to do it. The defense argued that the brothers were lying and seeking to protect themselves from prosecution.Judge Linn said at the sentencing hearing that Mr. Smollett’s decision to maintain his innocence on the stand was an aggravating factor that led him to hand down a sentence that included jail time, more than two years of probation, a $25,000 fine and more than $120,000 of restitution for the Chicago Police Department’s investigatory efforts. The defense argued that Mr. Smollett should not be incarcerated because his offense was the kind of low-level, nonviolent felony that often results in sentences of probation or community service.The defense’s appeal will draw from many stages of the case’s long life, from its objection to the second indictment of Mr. Smollett after the state’s attorney’s office dropped the charges against him in 2019 to the way Judge Linn handled jury selection.Two key arguments the defense is expected to make are that the appointment of a special prosecutor to reassess the case was never valid and that Mr. Smollett was subjected to double jeopardy because he surrendered his $10,000 bond and performed some community service in 2019.Mr. Webb’s office has argued in the past that it was well within the court’s authority to appoint a special prosecutor and that Mr. Smollett was not subjected to double jeopardy because the original case had been dismissed.“We’re very much looking forward to having a nonpolitical discourse with them that is intellectual, that’s understanding of the laws,” Heather Widell, one of Mr. Smollett’s lawyers, said of the appellate court at a news conference on Wednesday night.Mr. Uche said at the news conference that when he told Mr. Smollett about the court’s decision to free him for now, the actor pressed his hands up against the glass separating him and his lawyer in jail, and said, “I nearly lost hope in our constitutional system.”Mr. Uche has said that decision“says a lot about what the appellate court thinks of this case,” but, in the court’s brief order, the justices made no mention of whether they had considered the merits of the appeal in making their ruling. 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      Before Jussie Smollett Sentencing, His Supporters Ask for ‘Mercy’

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      A judge must decide whether to send the actor to prison after a jury convicted him last year of falsely reporting that he was the victim of a racist and homophobic hate crime in 2019.Ahead of a sentencing hearing on Thursday, celebrities and racial justice advocates like Samuel L. Jackson and his wife, the actress LaTanya Richardson Jackson; the Rev. Jesse Jackson; and Derrick Johnson, the president of the N.A.A.C.P., have written letters pleading for leniency for Jussie Smollett, the actor convicted of falsely reporting that he was the victim of a racist and homophobic attack.“Jussie has already suffered,” the Rev. Jackson wrote to the judge handling the case. “He has been excoriated and vilified in the court of public opinion. His professional reputation has been severely damaged.”Mr. Smollett, 39, was convicted of felony disorderly conduct — which carries a maximum of three years in prison — relating to conversations he had with the police just after reporting the attack. But defendants convicted of similar crimes in the past have been sentenced to probation and community service.Many of the letters cite Mr. Smollett’s history of volunteer work, the nonviolent nature of his offense and the reputational damage he had already suffered following charges that the 2019 attack was actually a hoax that he had planned to drum up publicity. Others who have written on his behalf include the actress Alfre Woodard and Melina Abdullah, a founder of Black Lives Matter in Los Angeles.During the trial, the prosecution argued that Mr. Smollett had instructed two brothers, Abimbola Osundairo and Olabinjo Osundairo, to attack him near his Chicago apartment building, yelling racist and homophobic slurs at him, punching him hard enough to only create a bruise and placing a rope around his neck like a noose. Both brothers testified against him, acknowledging their role in the incident, which they said had been staged. The actor himself took the stand during seven hours of testimony over two days to deny that he had played any role.Prosecutors have not indicated whether they will push for prison time at the hearing.“It’s the judge who has the total and exclusive authority to impose a sentence,” said Daniel K. Webb, the special prosecutor who handled the case.Daniel K. Webb, the special prosecutor who handled the Smollett case, has not said whether he will recommend that the actor be sent to prison. Tannen Maury/EPA, via ShutterstockAt the outset of Thursday’s proceeding, Judge James B. Linn is expected to rule on a motion by lawyers for Mr. Smollett, who is best known for his role in the hip-hop drama “Empire,” that seeks to have the conviction thrown out or for the actor to gain a new trial.In papers filed with the court last month, the lawyers argued that Judge Linn displayed a “hostile attitude” toward the defense and acted inappropriately when the defense attempted to present evidence that one of the brothers had made homophobic statements and that the attack on Mr. Smollett, who is gay, could have been motivated by bias.In their motion, the defense lawyers cited an instance in which Judge Linn called a line of questioning about a homophobic comment by Olabinjo Osundairo “very collateral matters.”The defense argued that this comment could have swayed the jury and that the line of questioning was central to their argument that the Osundairo brothers perpetrated a “real attack” against Mr. Smollett “driven by homophobia.” (During testimony, Olabinjo Osundairo repeatedly denied being homophobic.)During the trial, Judge Linn rejected the defense’s request for a mistrial at the time, defending his use of the term “collateral” as simply referring to matters outside the direct facts of Mr. Smollett’s case.As part of their bid for a new trial, the defense also argued that during jury selection, prosecutors displayed a pattern of seeking to dismiss Black potential jurors — resulting in a final group that included one Black juror and a Black alternate.Prosecutors argued in court papers that the accusation of discrimination during jury selection was unfounded and that they had provided “race-neutral” explanations for challenging the inclusion of those jurors.Possibilities for Mr. Smollett’s sentence also include restitution, which, in his case, would likely mean paying the city of Chicago for the money it expended while investigating his hate crime report.In a court filing ahead of the sentencing, a city lawyer and the superintendent of the Chicago Police Department urged prosecutors to ask the court to order Mr. Smollett to pay them more than $130,000, explaining that police officers had “worked around the clock” to find the perpetrators of the attack.“The city is a victim of Mr. Smollett’s crimes because his false reports caused CPD to expend scarce resources that could have been devoted to solving actual crimes,” the filing said. The city currently has a pending lawsuit against Mr. Smollett in which they asked for the same amount of money.In their letter to Judge Linn, Samuel L. Jackson and LaTanya Richardson Jackson said they have known Mr. Smollett since he was a child and later through charitable work. The Jacksons asked Judge Linn for “mercy” and argued that Mr. Smollett “used his celebrity to impact community outreach work,” including to aid people in Flint, Mich., during the water crisis.In his letter, Rev. Jesse Jackson wrote that he worried about Mr. Smollett’s safety in prison as a “well-known, nonviolent, Black, gay man with Jewish heritage.”In making the sentencing decision, the court will consider Mr. Smollett’s criminal history, which involves a single incident from 2007 in California. He was convicted in that case of driving under the influence, driving without a license and giving false information to the police, all misdemeanors. Mr. Smollett was sentenced to probation and community service and was required to complete substance abuse treatment, according to a pre-sentencing report written by a probation officer and filed with the court.The report was based on an interview with Mr. Smollett after his conviction, in which the actor said he had been suffering from “excessive stress,” dealing with financial problems and asking to undergo substance abuse treatment for a few years. Mr. Smollett told the probation officer that he hoped to pursue directing.The actor, who is out of jail on bond, generally declined to discuss the specifics of his case during the interview with the probation officer. But when asked how his family had responded to the ordeal, he said, “They know me, and they know I did not do this.”Asked whether he planned to stay in his apartment in New York City, Mr. Smollet replied, “Everything is up in the air right now.” More

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      Jussie Smollett Sentencing Is Set for March 10

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      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 of Reporting a Fake Hate Crime

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      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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      Jussie Smollett Timeline: A Case With Twists and Turns

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      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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      Jury in Jussie Smollett Trial Begins Deliberations

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      After closing arguments on Wednesday, the panel began considering whether the actor had staged a hate crime against himself, as the two men who attacked him have testified.The jury tasked with deciding whether Jussie Smollett falsely told the police that he had been the victim of a racist and homophobic assault began deliberations on Wednesday and started to grapple with the two differing narratives of what happened on a freezing Chicago night in 2019.Prosecutors have accused Mr. Smollett of orchestrating the attack himself by instructing two brothers, Abimbola Osundairo and Olabinjo Osundairo, to punch him just hard enough to create bruises, pour bleach on his clothing and place a rope around his neck like a noose while yelling racist and homophobic slurs.But the defense, which relied on more than seven hours of testimony by Mr. Smollett himself, has argued he was the victim of a real attack, perpetrated by the brothers, who then lied to investigators to avoid being prosecuted themselves.After six days of testimony, and a full day of closing arguments by both sides, the 12-person jury began considering the disorderly conduct charges late on Wednesday afternoon. But Judge James B. Linn agreed to suspend deliberations just after 5 p.m. because one of the jurors had reported to the court that he had made a prior commitment to attend a concert in which his child was participating.Earlier in the trial, the special prosecutor in the case, Daniel K. Webb, told the jury that Mr. Smollett had staged the attack because he was upset that the producers behind the television show on which he starred, “Empire,” had had a muted response to a death threat the actor had received in the mail.Mr. Webb argued on Wednesday that Mr. Smollett’s own account of what had occurred did not make sense. If the attack had not been planned, he said, the Osundairo brothers would not have known when and where Mr. Smollett would pass in those early morning hours when he was assaulted as he carried home a tuna sandwich from Subway.Mr. Smollett, he pointed out, initially reported that one of his attackers had been white even though Abimbola Osundairo, whom he knows well, is Black and is someone whose voice he has heard many times. Similarly, he cited Mr. Smollett’s refusal to turn over his phone and other potential evidence to the police as indications that the actor sought to impede the investigation.“Mr. Smollett didn’t want the crime solved,” Mr. Webb said in his closing. “He wanted to report it as a hate crime; he wanted media exposure; but he didn’t want the brothers apprehended.”Mr. Webb also said evidence indicated that Mr. Smollett “tampered” with the rope on his neck to make it look like it was fitted more tightly than when Olabinjo Osundairo put it over Mr. Smollett’s head. The prosecutor showed the jury an image of surveillance footage taken shortly after the attack and compared it with an image of Mr. Smollett when the police came, with the rope appearing tighter in the second image.On Monday, Mr. Smollett had denied tampering with the rope. He testified that when he returned to his apartment after the attack, he had taken the rope off, but his creative director, Frank Gatson, told him to put it back on so the police could see what had happened.“I was trying not to mess up the evidence,” Mr. Smollett said.Daniel K. Webb, center, the special prosecutor handling the Smollett case, arrives at court on Wednesday. Kamil Krzaczynski/Agence France-Presse — Getty ImagesIn the defense’s closing argument, Mr. Smollett’s lead lawyer, Nenye Uche, said that prosecutors had not established a clear motive, 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.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

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      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

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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