Jussie Smollett ‘hate hoax’ trial begins Monday, almost 3 years after alleged attack
Joseph Wilkinson
Jussie Smollet’s next starring role will be set in a courtroom.
The “Empire” actor’s trial on disorderly conduct charges in connection with his career-altering “hate hoax” in January 2019 will finally begin Monday after months of legal twists and turns.
In this Feb. 24, 2020 file photo, former "Empire" actor Jussie Smollett leaves the Leighton Criminal Courthouse in Chicago.
In this Feb. 24, 2020 file photo, former "Empire" actor Jussie Smollett leaves the Leighton Criminal Courthouse in Chicago. (Matt Marton/)
Smollett, 39, claims he was attacked by two men on Jan. 29, 2019 in downtown Chicago. The openly gay Black actor told police the men hurled homophobic and racist slurs at him, put a rope around his neck and told him he was in “MAGA country.”
But after investigating, Chicago cops told a different story: Smollett paid $3,500 to two brothers, Abimbola and Olabinjo Osundairo, to stage the attack, police said. The Osundairo brothers worked with Smollett as extras on the Fox TV series “Empire,” about a fictional hip-hop music company. .
Chicago Police Superintendent Eddie Johnson called it a “publicity stunt” by Smollett to advance his career, claiming he was unhappy with his salary on “Empire.” The actor was arrested a few weeks later, and the fallout was immediate. He was written off “Empire” amid the bad publicity and hasn’t appeared in any TV shows or movies since.
Smollett has since produced and directed his own film, “B-Boy Blues.” On Nov. 19, he appeared at his first red carpet since the alleged attack, showing up at the AMC Magic Johnson Harlem theater to promote the movie.
Whether victim or hoaxer, Smollett found himself at the center of a huge controversy, with some people standing by the actor while noting the Chicago Police Department’s reputation for brutality, while others said his allegedly staged attack made life harder for everyday Black and LGBT+ people who are assaulted and ridiculed.
”Despite the inconsistencies, I can’t blindly believe Chicago PD,” director Ava DuVernay tweeted. “The department that covered up shooting Laquan McDonald over a dozen times? That operated an off-site torture facility? That one? I’ll wait.” Black teenager McDonald died after being shot 16 times by a white officers in 2014.
Actor and Chicago native Lena Waithe defended Smollett, saying that “being queer and Black is like having a target on your back every time you walk out the door.”
Smollett’s supporters celebrated in March 2019 when the charges were dropped as part of a plea deal. In exchange, Smollett did community service and forfeited his $10,000 bond. Prosecutors said the deal “did not exonerate” Smollett, and a Cook County judge ruled an independent prosecutor would reinvestigate the case, meaning Smollett could still face prosecution “if reasonable grounds exist.”
But police and Chicago’s then-Mayor Rahm Emanuel were furious.
Attorney Gloria Schmidt, left, stands with her clients, brothers Olabinjo Osundairo, right, and Abimbola Osundairo, as they leave the Leighton Criminal Courthouse in Chicago on Monday, Feb. 24, 2020, where actor Jussie Smollett made an appearance on a new set of charges alleging that he lied to police about being targeted in a racist and homophobic attack in downtown Chicago early last year.
Attorney Gloria Schmidt, left, stands with her clients, brothers Olabinjo Osundairo, right, and Abimbola Osundairo, as they leave the Leighton Criminal Courthouse in Chicago on Monday, Feb. 24, 2020, where actor Jussie Smollett made an appearance on a new set of charges alleging that he lied to police about being targeted in a racist and homophobic attack in downtown Chicago early last year. (Matt Marton/)
“This is a whitewash of justice,” Emanuel said. “A grand jury could not have been clearer.”
Authorities didn’t give up on the case, appointing former U.S. Attorney Dan Webb as a special prosecutor in 2019. Based on Webb’s investigation, a grand jury revived the charges against Smollett in February 2020, hitting him with six counts of disorderly conduct.
Smollett has tried and failed multipletimes to have the new charges dismissed. He has maintained throughout the entire process that he was the victim of a crime.
An image taken from a body camera video released by the Chicago Police Department shows Jussie Smollett with ropes dangling from a noose around his neck inside his apartment after the alleged hate crime against him on Jan. 29, 2019, in Chicago, Ill. In the body cam footage, a CPD officer asks Smollett, “Do you want to take it off or anything?” Smollett replies, “Yeah I do. I just wanted you all to see." Charges were dropped against "Empire" star Jussie Smollett less than two weeks after he pleaded not guilty to 16 counts of disorderly conduct. Prosecutors alleged Smollett staged the assault on himself, falsely claiming he was attacked by two men who coiled a noose around his neck and yelled homophobic and racist slurs against him. Smollett's record "has been wiped clean." On June 21, 2019, Cook County Judge Michael Toomin announced that a special prosecutor will review Smollett's case again.
This image provided by the Chicago Police Department and taken from surveillance video shows two people of interest in an attack on "Empire" actor Jussie Smollett walking along a street in the Streeterville neighborhood of Chicago, Ill., early Jan. 29, 2019.
The Troubadour headlines singer and actor Jussie Smollett on its marquee who performs in concert on Feb. 2, 2019, in West Hollywood, Calif. "Empire" actor and R&B; singer Smollett opened a Southern California concert with an emotional speech, saying he had to play the show because he couldn't let his attackers win.
In this Aug. 8, 2017 file photo, from left, Jussie Smollett, Terrence Howard, Taraji P. Henson, Lee Daniels, Sanaa Hamri and Ilene Chaiken participate in the "Empire" panel during the FOX Television Critics Association Summer Press Tour at the Beverly Hilton in Beverly Hills, Calif. Smollett, an actor on the TV series "Empire," is also an R&B; musician who performed Saturday night, Feb. 2, 2019, at a concert in Los Angeles. Smollett, who is openly gay, says two masked men attacked him early Jan. 29, 2019, in Chicago, Ill. in what police are investigating as a possible hate crime.
This Feb. 14, 2019 photo shows an apartment that was searched by police in connection with an investigation of an attack on actor Jussie Smollett in Chicago, Ill. Two men characterized by police as "persons of interest" in the attack against Smollett are now considered suspects and have been arrested on "probable cause that they may have committed a crime," a Chicago police spokesman said on Feb. 15, 2019. Spokesman Anthony Guglielmi confirmed that a search warrant was executed at the Chicago apartment where the men lived but did not have any information about what exactly what police found.
Chicago Police Supt. Eddie Johnson speaks during a press conference at CPD headquarters, on Feb. 21, 2019, in Chicago, Ill. after actor Jussie Smollett turned himself in on charges of disorderly conduct and filing a false police report. The "Empire" staged a racist and homophobic attack because he was unhappy about his salary and wanted to promote his career, Johnson said Thursday.
In this June 12, 2016 file photo, Chicago Police Superintendent Eddie Johnson speaks with members of LGBT groups and their supporters at a vigil in the city's Boystown neighborhood. Johnson took it personally when detectives determined that "Empire" actor Jussie Smollett allegedly lied about being the victim of a racist and homophobic attack. Speaking on Feb. 21, 2019, at a news conference, Johnson said he was angry and offended that another black man would exploit racial divisions for his own gain and smear the reputation of a city Johnson has worked his entire career to protect.
"Empire" actor Jussie Smollett, center, is escorted to a gate as he leaves Cook County jail following his release on Feb. 21, 2019, in Chicago, Ill. Smollett was charged with disorderly conduct and filling a false police report when he said he was attacked in downtown Chicago by two men who hurled racist and anti-gay slurs and looped a rope around his neck, a police official said.
"Empire" actor Jussie Smollett, center, leaves Cook County jail following his release on Feb. 21, 2019, in Chicago, Ill. Smollett was charged with disorderly conduct and filling a false police report when he said he was attacked in downtown Chicago by two men who hurled racist and anti-gay slurs and looped a rope around his neck, a police official said.
"Empire" actor Jussie Smollett leaves Cook County jail following his release on Feb. 21, 2019, in Chicago, Ill. Smollett was charged with disorderly conduct and filing a false police report when he said he was attacked in downtown Chicago by two men who hurled racist and anti-gay slurs and looped a rope around his neck, a police official said.
In this handout provided by the Chicago Police Department, Jussie Smollett poses for a booking photo after turning himself into the Chicago Police Department on Feb. 21, 2019, in Chicago, Ill. The 36-year-old "Empire" star is facing a class four felony charge for filing a false police report after claiming he was the victim of an assault on Jan. 29, 2019.
"Empire" actor Jussie Smollett, center, arrives at Leighton Criminal Court Building for a hearing to discuss whether cameras will be allowed in the courtroom during his disorderly conduct case on Tuesday, Mar. 12, 2019, in Chicago.
Jussie Smollett (C) and his team arrive for a court hearing at the Leighton Criminal Courthouse on March 12, 2019, in Chicago. A Chicago grand jury on March 8, 2019, indicted Jussie Smollett on 16 felony counts after allegedly lying to police about being the victim of a racist, homophobic hate crime. Police say Smollett -- who gained fame on Fox musical drama "Empire" -- staged the attack in a bid to gain publicity and a bigger paycheck.
Empire actor Jussie Smollett enters the courtroom at Leighton Criminal Court Building on Tuesday, Mar. 12, 2019, in Chicago. A grand jury indicted Smollett last week on 16 felony counts.
Actor Jussie Smollett attends Leighton Criminal Court with his attorney Tina Glandian (L) on March 14, 2019, in Chicago. - Smollett pleaded not guilty on Thursday to charges he lied to police about being the victim of a racist, homophobic hate crime.
Empire actor Jussie Smollett, center, arrives at the Leighton Criminal Court Building for his hearing on Thursday, Mar. 14, 2019, in Chicago. Smollett is accused of lying to police about being the victim of a racist and homophobic attack by two men on Jan. 29 in downtown Chicago.
Empire actor Jussie Smollett arrives for a news conference after a hearing at the Leighton Criminal Court Building Tuesday, Mar. 26, 2019, in Chicago. Smollett's attorneys Tina Glandian and Patricia Brown Holmes said in a Tuesday morning statement that Smollett's record "has been wiped clean." Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men who shouted racial and homophobic slurs.
Actor Jussie Smollett talks to the media before leaving Cook County Court after his charges were dropped Tuesday, Mar. 26, 2019, in Chicago.
Actor Jussie Smollett talks with the media while leaving Cook County Court after his charges were dropped Tuesday, March 26, 2019, in Chicago.
Actor Jussie Smollett takes a selfie with a fan while leaving Cook County Court after his charges were dropped Tuesday, March 26, 2019, in Chicago. Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men who shouted racial and homophobic slurs.
Members of the Fraternal Order of Police and supporters of the group protest against Cook County State's Attorney Kim Foxx outside the county administration building on April 1, 2019. Dueling rallies in downtown Chicago supported and criticized Foxx's performance in the Jussie Smollett case.
Former mayoral candidate and community activist Ja'Mal Green, right, verbally spars with Fraternal Order of Police supporters protesting against Cook County State's Attorney Kim Foxx outside the county administration building, on April 1, 2019. Dueling rallies in downtown Chicago supported and criticized Foxx's performance in the Jussie Smollett case.
Dueling protestors clash over Cook County State's Attorney Kim Foxx's office's decision to drop all charges against "Empire" actor Jussie Smollett, on April 1, 2019, in Chicago.
This image released by Fox shows Jussie Smollett, left, and Terrence Howard in a scene from the "The Depth of Grief" episode of "Empire," which originally aired on Oct. 31. Smollett's co-starring role in "Empire" may end up being the pinnacle of his career, industry observers and insiders said as the actor faces criminal charges that he faked a hate crime against himself.
Former "Empire" actor Jussie Smollett, center, arrives for an initial court appearance on Monday, Feb. 24, 2020, at the Leighton Criminal Courthouse in Chicago, on a new set of charges alleging that he lied to police about being targeted in a racist and homophobic attack in downtown Chicago early last year.
Abimbola, left, and Olabinjo Osundario, right, the two brothers who claim Jussie Smollett hired them to stage an attack on the former "Empire" actor, arrive for an initial court appearance on Monday, Feb. 24, 2020, at the Leighton Criminal Courthouse in Chicago. Smollett was indicted on a new set of charges alleging that he lied to police about being targeted in a racist and homophobic attack in downtown Chicago early last year.
Jussie Smollett, center, arrives at the Leighton Criminal Court Building for the beginning of his trial on new disorderly conduct charges on Nov. 29, 2021, in Chicago, Illinois.
Former "Empire" actor Jussie Smollett arrives at the Leighton Courts Building for the start of jury selection in his trial on Nov. 29, 2021, in Chicago, Illinois. Smollett is accused of lying to police when he reported that two masked men physically and verbally attacked him, yelling racist and anti-gay remarks near his Chicago home in 2019.
“I would not be my mother’s son if I was capable of one drop of what I’ve been accused of,” he said in March 2019.
The Osundairo brothers are reportedly ready to challenge that claim and testify at Smollett’s trial.
Smollett’s lead attorney on his new defense team, Nenye Uche, called the case a “character assassination” and said evidence would prove his client’s innocence.
