5:40 p.m. — The prosecution rests
The special prosecutor’s office rested it’s case Thursday evening after the testimony of Olabinjo Osundairo concluded.
Heather Widell, one of Smollett’s attorneys, immediately motioned for a direct finding of not guilty, though Linn swiftly denied it, saying there was “ample, ample” evidence for the jury to consider.
3:50 p.m. — Tension between defense and Judge Linn; Mistrial motion denied
Judge James Linn sent jurors back to the jury room for several minutes before Smollett’s attorneys motioned for a mistrial based. Tamara Walker initially requested a sidebar after Linn used the word “collateral” in sustaining an objection from the prosecution. Linn denied the request but reconsidered after Walker asked once more.
With the jury out of the courtroom, Walker then asked for a mistrial. Moments later, her voice cracked as she said Linn “did physically lunge at me.” Linn replied, “I did nothing of the sort.”
The mistrial motion was quickly denied. Heather Widell, another Smollett attorney, noted for the record that she’s seen several “facial expressions” and “snarling” from Judge Linn throughout the trial.
3:00 p.m. — Direct examination of Olabinjo Osundairo concludes
The direct examination of Olabinjo Osundairo concluded around 3 p.m.
Much of the last half of his testimony was spent establishing that he and his brother do not harbor homophobic feelings.
“I have no hate for anybody,” Osundairo said. “It’s simply part of what I believe.”
12:45 p.m. — ‘He had this crazy idea’
Olabinjo Osundairo’s early testimony struck many similar chords as his brother’s.
Osundairo said that he was approached by Smollett on Jan. 25, 2019 and Smollett “had this crazy idea” that the Osundairo brothers would pose as “two MAGA Trump supporters” and stage the attack.
“He said he would want us to yell out racial and homophobic slurs at him,” Osundairo said. “He wanted us to say, ‘Aren’t you that ‘Empire’ f—–, n—-, and ‘This is MAGA country.'”
12:15 p.m. — Olabinjo Osundairo takes the stand
Olabinjo Osundairo, brother of Abimbola Osundairo, is the next witness to take the stand. He’s being questioned by Samuel Mendenhall of the special prosecutor’s office.
Olabinjo Osundairo was allegedly recruited by Smollett to help carry out the phony hate crime.
12:00 p.m. — Abimbola Osundairo’s testimony concludes
The direct and cross-examinations of Abimbola Osundairo finished about noon Thursday.
11:00 a.m. — Defense cross-examination
Smollett attorney Shay Allen spent Thursday morning conducting his cross-examination of Abimbola Osundairo, who testified at length Thursday that the hate crime attack was Smollett’s plan.
Allen sought to demonstrate that the alleged plan was actually a scheme by Osundairo and his brother, a claim Osundairo denied.
“You attacked Jussie because you wanted to scare him into hiring you?” Allen asked.
“No, sir,” Osundairo responded.
9:25 a.m. — Osundairo testimony continues
Abimbola Osundairo, the prosecution’s star witness, resumed testifying Thursday morning under cross-examination by Smollett attorney Shay Allen.
Throughout his testimony Wednesday, Osundairo said Smollett cooked up a scheme in which Osundairo and his brother were recruited to fake a hate crime against Smollett in January 2019.
CHICAGO (AP) — Jussie Smollett’s legal team Thursday will seek to dent the credibility of a star state witness who the day before testified about how he said the former “Empire” actor recruited him and his brother to stage a racist, homophobic attack on Smollett.
But casting doubts on the testimony of Abimbola Osundairo as the defense begins cross-examining the aspiring actor won’t be easy. Much of what he told jurors from the stand on Wednesday appears to be corroborated by video and other evidence.
Osundairo testified that Smollett instructed him and his brother in advance on how they should carry out the Jan. 29, 2019, hoax. Smollett also planned a “dry run” and gave him a $100 bill to buy supplies, Osundairo said.
Osundairo told jurors Smollett instructed him to punch Smollett but “not too hard.” Once Smollett was on the ground, Osundairo said Smollett said he should give Smollett “a bruise” and “give him a noogie” — or rub his knuckles hard on Smollett’s head.
Osundairo, who worked as a stand-in on “Empire,” said he and his brother agreed because he felt indebted to Smollett for helping him with his acting career.
Smollett, 39, is charged with six counts of felony disorderly conduct for making what prosecutors say was a false police report — one count for each time he gave a report — to three different officers. The class 4 felony carries a prison sentence of up to three years, but experts have said if Smollett is convicted he likely would be placed on probation and ordered to perform community service.
Osundairo testified that he and his brother had difficulty identifying a good spot for the staged attack, walking around in the early morning of that Jan. 29 in weather that Osundairo described as “colder than penguin feet.”
According to Osundario, when the brothers spotted Smollett at around 2 a.m., Osundairo — as instructed earlier by Smollett — shouted a homophobic slur and his brother yelled, “this is MAGA country.” “MAGA” was an apparent reference to then-President Donald Trump’s slogan “Make America Great Again.”
After punching Smollett in the face and throwing the actor to the ground, they put a noose around his neck and threw bleach on him, then ran away, Osundairo told jurors.
The next morning, as news broke of a hate crime against Smollett, Osundairo said he texted a note of condolence to Smollett, also as instructed. It read: “Bruh, say it ain’t true. I’m praying for speedy recovery.”
Osundairo testified that Smollett gave him a check for $3,500 and wrote on it that it was for a nutrition and workout program. But Osundairo said the money was both for the program and for helping to stage the attack.
A defense attorney told jurors during openings that Smollett was a “real victim” and that the brothers’ accounts are unreliable.
Before Jan. 29, 2019, Osundairo said Smollett sent him a text message asking to meet up “on the low,” which he took to mean a private meeting about something secret. Osundairo said it was at that meeting that Smollett first asked him “to fake beat him up” and asked if his brother could help. Osundairo said he was “confused” and “puzzled” by the request.
Smollett said a camera in the area would record the attack, and that he wanted to use the recording for media purposes, Osundairo testified.
Also Wednesday, Chicago police detective Kimberly Murray, who interviewed Smollett the morning of the attack, said he told her he had received a threatening phone call days earlier, but he refused to hand over his cellphone, which the detective said could help police piece together a timeline. She said Smollett also wouldn’t consent to giving medical records or a DNA swab.
Murray also said Smollett told her he had been assaulted by two men — one white and wearing a ski mask, the other he couldn’t see — as he was returning home after buying a sandwich.
A Chicago police officer testified Tuesday that investigators tracked down the Osundairo brothers, who are Black, using surveillance video and taxi and ride-share records. When taken into custody, the siblings detailed for police how Smollett orchestrated the fake attack.
A detective who interviewed Smollett after the brothers had been arrested said Smollett then started to change his story. Smollett told detective Robert Graves that the attacker had “pale skin,” when he previously said the attacker was white.
Graves also told Smollett that the brothers were in custody for the hate crime.
“He said, ‘It can’t be them, they’re Black as sin,’” Graves recounted, saying he took that to mean the brothers’ skin is very dark.
Graves testified that during the Feb. 14 interview, Smollett said he would sign a complaint against the brothers, though his attorney stopped him. About 90 minutes later, Smollett sent one of the brothers a text message, Graves said.
“I know 1000% you and your brother did nothing wrong and never would,” the text read.
Graves said he concluded Smollett had lied to him.
Defense attorney Nenye Uche has said the brothers attacked Smollett, who is Black and gay, “because of who he is” and has suggested that the brothers were homophobic.