By Don Babwin and Sara Burnett
Associated Press
CHICAGO — Former “Empire” actor Jussie Smollett was convicted Thursday on five of six charges he staged an anti-gay, racist attack on himself nearly three years ago and then lied to Chicago police about it.
He was acquitted on one count.
The verdict came after a roughly one-week trial in which two brothers testified that Smollett recruited them to fake an attack on him near his home in downtown Chicago in January 2019. Smollett repeatedly denied the claims. The brothers said Smollett orchestrated the hoax, telling them to put a noose around his neck and rough him up in view of a surveillance camera, and that he said he wanted video of the hoax made public via social media.
Smollett called the brothers “liars” and said their account was “100% false. He testified over two days about being the victim of what he said was a hate crime, telling the jury ”there was no hoax.”
Abimbola Osundairo, who worked with Smollett on the Chicago set of “Empire,” and his brother, Olabingo Osundairo, also testified that Smollett paid them $3,500 for faking the attack. Smollett said the money was for meal and workout plans that Abimbola Osundairo was providing so the actor could be more toned for upcoming performances.
The Jan. 29 assault was reported to police, prompting a massive investigation that a lead detective said included some two dozen officers and 3,000 staff hours. The investigation — which included video from surveillance cameras, GPS and taxi and rideshare records — led police to the Osundairo brothers, who told detectives Smollett had staged the alleged hate crime.
Smollett’s defense attorneys argued that the brothers attacked the actor — who is gay and Black — because they were homophobic and didn’t like “who he was.” They also alleged the brothers made up the story about the attack being staged to get money from Smollett, and that they told him they wouldn’t testify against him if he paid them each $1 million.
The class 4 felony carries a prison sentence of up to three years, but experts have said Smollett would likely be placed on probation and ordered to perform community service.
THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.
The jury in Jussie Smollett’s trial reached a verdict Thursday afternoon on charges that the former “Empire” actor orchestrated a fake attack on himself, then lied to Chicago police about it, courthouse staff said. It was expected to be read aloud in court later Thursday.
The jury deliberated for just over nine hours Wednesday and Thursday after a roughly one-week trial in which two brothers testified that Smollett recruited them to fake the attack near his home in downtown Chicago in January 2019. They said Smollett orchestrated the hoax, telling them to put a noose around his neck and rough him up in view of a surveillance camera, and that he said he wanted video of the hoax made public via social media.
Smollett testified that he was the victim of a real hate crime, telling jurors “there was no hoax.” He called the brothers “liars” and said the $3,500 check he wrote them was for meal and workout plans. His attorneys argued that the brothers attacked the actor — who is gay and Black — because they are homophobic and didn’t like “who he was.” They also alleged the brothers made up the story about the attack being staged to get money from Smollett, and that they said they wouldn’t testify against him if Smollett paid them each $1 million.
In closing arguments on Wednesday, a prosecutor told jurors there was “overwhelming evidence” that Smollett staged the attack, then lied to police about it for publicity. His defense attorney said prosecutors’ case was based on lies.
Two brothers testified last week that Smollett recruited them to fake the attack near his home in downtown Chicago. They said Smollett, who is Black and gay, told them to put a noose around his neck, yell racist and homophobic slurs, and rough him up in view of a surveillance camera.
On Wednesday, special prosecutor Dan Webb told the jury that Smollett caused Chicago police to spend enormous resources investigating what they believe was a fake crime.
“Besides being against the law, it is just plain wrong to outright denigrate something as serious as a real hate crime and then make sure it involved words and symbols that have such historical significance in our country,” Webb said.
He also accused Smollett of lying to jurors, saying surveillance video from before the alleged attack and that night contradicts key moments of Smollett’s testimony.
Defense attorney Nenye Uche called the brothers “sophisticated liars” who may have been motivated to attack Smollett because of homophobia or because they wanted to be hired to work as his security.
“These guys want to make money,” he said.
Webb questioned why Smollett didn’t turn over his cellphone to police or give them a DNA sample or access to his medical records to help with the investigation. Smollett testified he doesn’t trust Chicago police, and that he was concerned about his privacy.
“If he was a true victim of a crime he would not be withholding evidence,” Webb said.
Uche called it “nonsense” for Chicago police to ask Smollett for his DNA when he was still considered the victim of a crime. He noted Smollett later provided DNA to the FBI for a separate investigation into hate mail he had received at the “Empire” studio shortly before the alleged attack.
“He wasn’t hiding anything,” Uche said.
The disorderly conduct charge is a class 4 felony that carries a prison sentence of up to three years, but experts have said if Smollett is convicted, he would likely be placed on probation and ordered to perform community service.