4:30 p.m. — Defense highlights Osundairo messages
Defense attorney Nenye Uche spent much of his cross-examination of Michael Theis focusing on text messages and social media activity by the Osundairo brothers, seeking to demonstrate to jurors their “homophobic” feelings. In one instance, Uche said, Olabinjo Osundairo tweeted to another person that they should unfollow the singer Frank Ocean because he is gay.
2:50 p.m. — Defense begins cross-examination
After spending much of the morning and early afternoon answering direct questions from Samuel Mendenhall, of the special prosecutor’s office, Theis’ testimony resumed under cross-examination by Smollett attorney Nenye Uche.
1:25 p.m. — Smollett’s text message
At the conclusion of his direct examination by Mendenhall, Theis testified that Smollett sent a text message to Abimbola Osundairo, one of the bodybuilding brothers at the heart of the prosecution’s case.
In that text — sent after the Osundairo brothers were taken into police custody in February 2019 — Smollett told him: “I stand with you. I know 1000% you and your brother did nothing wrong.”
11:00 a.m. — ‘Everybody wanted answers’
Samuel Mendenhall, a member of the special prosecutor’s team, worked to undercut the defense’s argument that police rushed to judgment in the case. Mendenhall repeatedly pointed to the thousands of hours that dozens of police officers spent investigating Smollett’s initial hate crime claim.
Mendenhall flatly asked former Chicago Police detective Michael Theis why the CPD put so much effort into the case.
“This was horrible,” Theis said. “The crime was a hate crime but a horrible hate crime. There was a noose, there was bleach…Everybody wanted to know what happened. From the mayor on down, everybody wanted answers.”
10:20 a.m. — CPD detective testifies
The first witness called by prosecutors is Michael Theis, now the Chicago Police Department’s assistant director of research and development. Theis was previously a detective and was the primary investigator of Smollett’s reported hate crime.
“At the end of our investigation we determined that the alleged hate crime was actually a staged event and that it did not occur,” Theis testified.
9:05 a.m. — Smollett’s brother addresses reporters
“It has been incredibly painful, as his family, to watch someone you love be accused of something they did not do,” Jojo Smollett, Jussie Smollett’s brother, told reporters in the lobby of the Leighton Criminal Courthouse Tuesday morning. “We are confident in his legal team and we look forward to people hearing the actual facts of the case.”
8:47 a.m. — Special prosecutor Dan Webb and his team arrive at the courthouse
Dan Webb, the former U.S. Attorney who was assigned as special prosecutor in the case, arrived at Judge James Linn’s courtroom on the seventh floor of the Leighton Criminal Courthouse.
After opening statements were delivered Monday evening, Linn told jurors that they should report to the courthouse at 9:15 a.m. Tuesday and expect to stay in court until about 7 p.m. each day throughout the trial.
CHICAGO (AP) — Testimony is set to begin Tuesday in the trial of ex-“Empire” actor Jussie Smollett, who prosecutors say staged a homophobic and racist attack in Chicago but whose defense attorney says is “a real victim” of a “real crime.”
Special prosecutor Dan Webb told jurors during opening statements late Monday that Smollett recruited two brothers — who worked with him on the TV show — to help him carry out a fake attack in January 2019 because he believed the television studio didn’t take hate mail he had received seriously.
Smollett then reported the alleged attack to Chicago police, who classified it as a hate crime and spent 3,000 staff hours on the investigation, Webb said. The actor told police he was attacked by supporters of then-President Donald Trump — igniting political divisions around the country.
“When he reported the fake hate crime that was a real crime,” Webb said.
Defense attorney Nenye Uche said the two brothers attacked Smollett because they didn’t like him and that a $3,500 check the actor paid the men was for training so he could prepare for an upcoming music video. Uche also suggested a third attacker was involved and told jurors there is not a “shred“ of physical and forensic evidence linking Smollett to the crime prosecutors allege.
“Jussie Smollett is a real victim,” Uche said.
Smollett is charged with felony disorderly conduct. The class 4 felony carries a prison sentence of up to three years, but experts have said it’s likely that if Smollett is convicted he would be placed on probation and perhaps ordered to perform community service.
Webb told jurors Smollett was unhappy about how the studio handled a letter he received that included a drawing of a stick figure hanging from a tree and “MAGA,” a reference to Trump’s Make America Great Again campaign slogan. Webb said police have not determined who wrote that letter.
However, Uche countered that Smollett had turned down extra security when the studio offered it.
Webb said Smollett then “devised this fake crime,” holding a “dress rehearsal” with the two brothers, Abimbola and Olabinjo Osundairo, including telling them to shout racial and homophobic slurs and “MAGA.” Smollett also told the brothers to buy ski masks, red hats and “a rope to make it look like a hate crime,” Webb told jurors. The brothers used a $100 bill that Smollett gave them to buy the supplies, Webb said.
He said Smollett wanted the attack captured on surveillance video, but the camera he thought would record the hoax was pointed in the wrong direction. He also said the original plan called for the men to throw gasoline on Smollett but that they opted for bleach instead because it would be safer.
Whether Smollett, who is Black and gay, will testify remains an open question. But the siblings will take the witness stand.
Uche portrayed the brothers as unreliable, saying their story has changed while Smollett’s has not, and that when police searched their home they found heroin and guns.
“They are going to lie to your face,” Uche told the jury.
Uche also said evidence “will show a tremendous rush to judgment by various police officials,” and he said prosecutors’ claim about paying for a fake attack by check doesn’t make sense.
“At the end of the day they want you to believe Jussie was stupid enough to pay for a hoax with a check but was smart enough to pay (for supplies) with a $100 bill,” he said.
As for Uche’s suggestion that another attacker may have been involved, buried in nearly 500 pages of Chicago Police Department reports is a statement from an area resident who says she saw a white man with “reddish brown hair” who appeared to be waiting for someone that night. She told a detective that when the man turned away from her, she “could see hanging out from underneath his jacket what appeared to be a rope.”
Her comments could back up Smollett’s contention that his attackers draped a makeshift noose around his neck. Further, if she testified that the man was white, it would support Smollett’s statements — widely ridiculed because the brothers, who come from Nigeria, are Black — that he saw pale or white skin around the eyes of one of his masked attackers.
Twelve jurors plus two alternates were sworn in late Monday for a trial that Judge James Linn said he expects to take about one week. Cameras are not allowed inside the courtroom and the proceedings are not being livestreamed, unlike in other recent high-profile trials.
Webb was named as special prosecutor after Cook County State’s Attorney Kim Foxx’s office dropped the original charges filed against Smollett, and a new indictment was returned in 2020. The prosecutor said Monday that testimony will get underway Tuesday with a Chicago police officer taking the witness stand.
Jurors also are expected this week to see surveillance video from more than four dozen cameras that police reviewed to trace the brothers’ movements before and after the reported attack, as well as a video showing the brothers purchasing supplies hours earlier.
Webb told jurors prosecutors have hundreds of hours of video, and a still shot from a camera near Smollett’s condo that shows him walking up stairs after the alleged attack, with a clothesline around his neck and still carrying a sandwich he bought that evening.